BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 184
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          Date of Hearing:   April 10, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 184 (Gatto) - As Introduced:  January 28, 2013 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill specifies that a criminal complaint for hit-and-run  
          that causes serious injury or death 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  
            fleeing the scene of an accident that causes death or serious  
            injury, to the extent this bill results in additional  
            convictions and commitments. In 2011 and 2012, a total of 67  
            persons were committed to state prison for this offense. If  
            this bill increases that number by five percent, annual GF  
            costs would increase by about $200,000 in two years, assuming  
            a midterm sentence of 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 contends the current statute of  
            limitations may encourage hit-and-run suspects to flee the  
            scene, in an effort to avoid identification and prosecution. 









                                                                  AB 184
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           2)Support  . As noted by the L.A. District Attorney's Office,  
            "Currently, the statute of limitations encourages flight and  
            discourages rendering aid.  As it now exists, the statute of  
            limitations provides an incentive for vehicle manslaughter  
            suspects to flee the scene of serious traffic accidents in  
            order to avoid identification and possible prosecution?.  
            Presently, if a suspect can remain unidentified for three  
            years, the only available possible charges not barred by the  
            statute of limitations, are murder or voluntary manslaughter  
            (charges that may be inappropriate to the circumstances or  
            unsupported by the evidence)."
                
            3)Opposition  . According to the American Civil Liberties Union,  
            "In practical terms, prosecutors could allege a person left  
            the scene of an accident ten years prior, but where the  
            charged person was only identified six months before.  This  
            makes it virtually impossible for a person to mount a  
            competent defense given that he or she may not even remember  
            the circumstances.  This presents a fundamental unfairness to  
            the defendant and may result in erroneous convictions."  


           4)Statute of Limitations  require prosecution within a certain  
            period of time after the commission of a crime. 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.

           5)Previous Legislation  . AB 2484 (Davis), 2012, allowed filing of  
            a criminal complaint for vehicular manslaughter within one  
            year after a person is initially identified by law enforcement  
            as a suspect in that offense or within three years after the  
            commission of the offense, whichever is later, when the person  
            flees from the scene of the accident.  

            AB 2484 passed off of this committee's Suspense File 17-0 and  
            the Assembly Floor 78-0 but was never heard by the Senate  
            Public Safety Committee.



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











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