BILL ANALYSIS Ó AB 184 Page 1 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 Page 2 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 Page 3