20250SB__095398AMD INTRODUCED 2026-02-02 AMENDED_SENATE 2026-04-06 REVISED 2026-06-09 2025 SB AMD Introduced by Senator Niello (Coauthor: Senator Archuleta) (Coauthor: Assembly Member Lackey) LEAD_AUTHOR SENATE Niello COAUTHOR SENATE Archuleta COAUTHOR ASSEMBLY Lackey

An act to amend

Section of the Vehicle Code, relating to vehicles. vehicles Driving record: points: vehicular manslaughter. Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, not amounting to a felony, or driving a vehicle in the commission of a lawful act that might produce death, in an unlawful manner, that results in the unlawful killing of a human being without malice.

Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or years, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year.

Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer diversion to a defendant, and requires the judge, at the end of the diversion period and if the defendant has complied with the imposed terms and conditions, to dismiss the action against the defendant. Existing law imposes violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive if a driver is convicted of vehicular manslaughter.

This bill would impose violation points against a driver’s record for a misdemeanor vehicular manslaughter violation that was dismissed by a judge upon the completion of diversion. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Vehicle Code is amended to read: 12810. When determining the violation point count, the following shall apply: (

a) A conviction of failure to stop in the event of an accident in violation of

Section or shall be given a value of two points. (

b) A conviction of a violation of

Section or shall be given a value of two points. (

c) A conviction of reckless driving shall be given a value of two points. (d)

(1) A conviction of a violation of subdivision (

b) of

Section 191.5 or subdivision (

c) of

Section of the Penal Code, or of

Section 2800.2 or 2800.3, subdivision (

b) of

Section 21651, subdivision (

b) of

Section 22348, subdivision (

a) or (

c) of

Section 23109,

Section 23109.1, or

Section of this code, shall be given a value of two points.

(2) A violation of subdivision (

c) of

Section of the Penal Code in which the case was dismissed pursuant to

Section 1001.95 of the Penal Code shall be given a value of two points.

(3) A conviction of a violation of subdivision (

a) or (

b) of

Section shall be given a value of two points. (

e) A conviction of a violation of

Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points. (

f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point. (

g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point. (

h) A conviction of a violation of

Section or 27360.5 shall be given a value of one point. (i)

(1) A violation of paragraph (1), (2), (3), or (5) of subdivision (

b) of

Section shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2) A conviction of a violation of paragraph (1) or (2) of subdivision (

b) of

Section 12814.6, subdivision (

a) of

Section 21116,

Section 21207.5, 21708, 21710, 21716, 23120, 24800, or shall not be given a violation point count.

(3) A violation of subdivision (

d) of

Section shall not result in a violation point count.

(4) A violation of

Section shall not result in a violation point count.

(5) A violation of

Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count. (

j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section. REVISIONS: Heading—Line 3.