BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2484
                                                                  Page  1

          Date of Hearing:   April 18, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2484 (Davis) - As Amended:  April 9, 2012 

          Policy Committee:                              Public 
          SafetyVote:  9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill specifies that a criminal complaint for vehicular 
          manslaughter, when a person has fled the scene of the accident, 
          may be filed within one year after the person is initially 
          identified by law enforcement as a suspect in that offense, or 
          within the existing statute of limitations (in general, one year 
          for a misdemeanor or three years for a felony from the time of 
          the offense), whichever is later.  

           FISCAL EFFECT  

          1)Unknown potential increase in state prison commitments for 
            vehicular manslaughter, to the extent this bill results in 
            additional convictions and commitments. In 2010 and 2011, a 
            total of 62 persons were committed to state prison for 
            vehicular manslaughter. If this bill increases that number by 
            five percent, annual GF costs would increase by about $150,000 
            in two years. 

          2)Unknown potential increase in state trial court workload, to 
            the extent this bill results in additional prosecutions.  If, 
            for example, this bill results in two five-day trials GF costs 
            would be in the range of $40,000.  

           COMMENTS  

           1)Rationale  . The author and sponsor - the L.A. District 
            Attorney's Office - contend that the current statute of 
            limitations may encourage vehicular manslaughter suspects to 
            flee, in an effort to avoid identification and prosecution.  
            This bill tolls the statute of limitations in circumstances 








                                                                  AB 2484
                                                                  Page  2

            where a suspected vehicular manslaughter has occurred, and the 
            perpetrator is unknown to law enforcement because he or she 
            has fled the scene of the incident.  

           2)Statute of Limitations  .  As noted in the Assembly Public 
            Safety Committee analysis, statutes of limitations require 
            prosecution within a certain period of time after the 
            commission of a crime. These statutes have been in operation 
            for over 350 years and are deeply rooted in the American legal 
            system.  Statutes of limitations ensure prosecutions are based 
            upon reasonably fresh evidence, and they encourage law 
            enforcement to investigate suspected criminal activity in a 
            timely fashion.

            
             Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081