Background of AB 1087

Assembly Bill 1087 was introduced to rectify a disparity in California’s sentencing laws. Under existing statutes, individuals convicted of a standard DUI (Driving Under the Influence) without fatalities often faced a longer probationary period than those convicted of vehicular manslaughter while intoxicated. AB 1087 harmonizes these timelines to ensure more rigorous oversight of individuals whose impaired driving resulted in a loss of life.

Legislative Changes

• Extension of Probation: For convictions of gross vehicular manslaughter while intoxicated (PC 191.5(a)) or vehicular manslaughter while intoxicated (PC 191.5(b)), the term of probation is increased from two years to a range of three to five years.
• Judicial Discretion: While the minimum is now set at three years, the court retains the authority to extend supervision up to five years if the interests of justice and public safety require more prolonged monitoring.
• Consistency with DUI Laws: This change aligns vehicular manslaughter probation terms with Vehicle Code Section 23575.3, which already mandates longer supervision for repeat or serious DUI offenders.

Implications for Public Safety

Supporters of the bill, including victim advocacy groups, argue that two years of probation was insufficient for a crime involving a fatality. By extending the period to at least three years, the justice system can ensure that defendants comply with long-term sobriety programs, attend mandatory counseling, and remain under the supervision of probation officers for a duration that reflects the gravity of the offense.