BILL ANALYSIS Ó
AB 2484
Page 1
ASSEMBLY THIRD READING
AB 2484 (Davis)
As Amended April 9, 2012
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Fuentes, Harkey, |
| |Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Specifies that a criminal complaint for vehicular
manslaughter, as specified, may be filed within one year after
the person initially identified by law enforcement as a suspect
in that offense, or within the existing statute of limitations,
whichever is later.
EXISTING LAW :
1)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, and with gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, and with gross negligence.
2)States that violation of the above section is punishable by
either imprisonment in the county jail for not more than one
year or by imprisonment in the state prison for two, four or
six years.
3)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, without gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, but without gross negligence.
AB 2484
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4)States that violation of the above section is punishable by
imprisonment in the county jail for not more than one year.
5)States that prosecution for an offense punishable by
imprisonment in state prison or pursuant to subdivision (h) of
section 1170 shall be commenced within three years of the
offense, unless otherwise specified.
6)States that prosecution for an offense not punishable by
death, life imprisonment, or imprisonment in the state prison
shall be commenced within one year of the offense, unless
otherwise specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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
5%, annual General Fund (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 : According to the author, "As it now exist, the
statute of limitations for the crime of vehicular manslaughter,
or more commonly known as "hit and run," provides an incentive
for suspects to flee the scene of serious traffic accidents in
order to avoid identification and possible prosecution.
Presently, if a suspect can remain unidentified three years
after an accident resulting in a vehicular homicide or one year
after an accident not resulting in death, the statute of
limitations encourages the suspect to flee the scene and
discourages rendering aid. The statute of limitations for
vehicular manslaughter should be amended so that it stops
running during the period of time when a suspect who has fled a
vehicular homicide accident scene remains unidentified and
begins once the suspect is identified."
AB 2484
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0003817