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Bill would add DMV points after diversion in misdemeanor vehicular manslaughter; families urge accountability, ACLU warns of diversion disincentive
Summary
SB 953 would apply two DMV points when misdemeanor vehicular manslaughter cases are dismissed after diversion, supporters said it prevents erasing fatal conduct while ACLU warned it could reduce diversion uptake; the committee passed the measure to Transportation (on call).
Senator Niello presented SB 953 to require that misdemeanor vehicular manslaughter involving a fatality be reflected in Department of Motor Vehicles records—by applying two points—even when a court grants misdemeanor diversion. Niello said the bill addresses a gap that lets serious conduct disappear from driving records when diversion succeeds.
Lisonbee Lyman and Kelly Lancellotti, mothers of people killed in separate crashes, gave emotional testimony urging action. Lyman told the committee her son Connor was killed on April 23, 2025, in Elk Grove and said the law allows "a driver who's already proven dangerous" to continue driving without consequence. Lancellotti said her 13‑year‑old daughter, Jada, was struck in a crosswalk; she warned diversion that erases DMV consequences "does nothing to protect our roads."
George Pramthu of ACLU California Action testified in respectful opposition, saying diversion programs cut recidivism by roughly 50% and that applying DMV points regardless of diversion would discourage courts and defendants from using diversion. Pramthu argued that some defendants accept diversion and the services it provides; removing that incentive could reduce participation in programs that lower repeat offending.
Committee members pressed both sides on whether two DMV points (out of four needed for suspension) would meaningfully change outcomes or would disincentivize diversion. Senator Niello and others stressed that judges would retain discretion to grant diversion and that the bill does not change criminal penalties; it is narrowly designed to ensure fatal incidents are captured in driving records.
Assemblymember Lackey moved the bill with a second by Dr. Sharp Collins; committee roll call indicated the motion was carried and the item was ordered passed to the Transportation Committee and left on call for final tally. The committee record shows members voiced concerns and appreciation for both viewpoints during questioning.
The measure now proceeds to the Transportation Committee for further consideration, where supporters say it would close a gap in driver accountability and opponents say it risks reducing diversion participation that can prevent future crashes.
