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.
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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
AB 184
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