Cal Pen Code § 191.5 (2004)
§ 191.5. Gross vehicular manslaughter while intoxicated
(a) Gross vehicular manslaughter while intoxicated is the unlawful
killing of a human being without malice aforethought, in the driving of a
vehicle, where the driving was in violation of Section
23140, 23152, or 23153 of the Vehicle Code, and the killing was either
the proximate result of the commission of an unlawful act, not amounting to a
felony, and with gross negligence, or the proximate result of the commission of
a lawful act which might produce death, in an unlawful manner, and with gross
negligence.
(b) Gross vehicular manslaughter while intoxicated also
includes operating a vessel in violation of subdivision (b), (c), (d), (e), or
(f) of Section 655 of the Harbors and Navigation Code,
and in the commission of an unlawful act, not amounting to felony, and with
gross negligence; or operating a vessel in violation of subdivision (b), (c),
(d), (e), or (f) of Section 655 of the Harbors and
Navigation Code, and in the commission of a lawful act which might
produce death, in an unlawful manner, and with gross negligence.
(c) Except as provided in subdivision (d), gross vehicular
manslaughter while intoxicated is punishable by imprisonment in the state prison
for 4, 6, or 10 years.
(d) Any person convicted of violating this section who has
one or more prior convictions of this section or of paragraph (1) or (3) of
subdivision (c) of Section 192, subdivision (a) or (c) of Section 192.5 of this
code, or of violating Section 23152 punishable under Sections 23540, 23542,
23546, 23548, 23550, or 23552 of, or convicted of Section
23153 of, the Vehicle Code, shall be punished by imprisonment in the
state prison for a term of 15 years to life. Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term
imposed pursuant to this subdivision.
(e) This section shall not be construed as prohibiting or
precluding a charge of murder under Section 188 upon facts exhibiting
wantonness and a conscious disregard for life to support a finding of implied
malice, or upon facts showing malice consistent with the holding of the
California Supreme Court in People v. Watson, 30 Cal.
3d 290.
(f) This section shall not be construed as making any
homicide in the driving of a vehicle or the operation of a vessel punishable
which is not a proximate result of the commission of an unlawful act, not
amounting to felony, or of the commission of a lawful act which might produce
death, in an unlawful manner.
(g) For the penalties in subdivision (d) to apply, the
existence of any fact required under subdivision (d) shall be alleged in the
information or indictment and either admitted by the defendant in open court or
found to be true by the trier of fact.