BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 184
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          ASSEMBLY THIRD READING
          AB 184 (Gatto)
          As Amended  May 24, 2013
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Jones-Sawyer, Mitchell,   |     |Bocanegra, Bradford, Ian  |
          |     |Quirk, Skinner, Waldron   |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Ammiano, Linder,    |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Provides that, in addition to filing a criminal  
          complaint within the existing statute of limitations, if a  
          person flees the scene of an accident that caused death or  
          permanent, serious injury, as specified, a criminal complaint  
          may be filed within one year after the person is initially  
          identified by law enforcement as a suspect in the commission of  
          the offense.

           EXISTING LAW  : 

          1)States that vehicular manslaughter is the unlawful killing of  
            a human being without malice while:  a) driving a vehicle in  
            the commission of an unlawful act, not amounting to a felony,  
            and with gross negligence or b) driving a vehicle in the  
            commission of a lawful act which might produce death, in an  
            unlawful manner, and with gross negligence.  States that  
            violation of this offense 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.  

          2)States that vehicular manslaughter also is the unlawful  
            killing of a human being without malice while:  a) driving a  
            vehicle in the commission of an unlawful act, not amounting to  
            a felony, but without gross negligence or b) driving a vehicle  
            in the commission of a lawful act which might produce death,  
            in an unlawful manner, but without gross negligence.  States  
            that violation of this offense is punishable by imprisonment  
            in the county jail for not more than one year.  








                                                                  AB 184
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          3)Defines "permanent, serious injury" as the loss or permanent  
            impairment of function of a bodily member or organ.  

          4)Requires that prosecution for an offense punishable by  
            imprisonment in the state prison or county jail pursuant to  
            realignment under Penal Code Section 1170(h) be commenced  
            within three years after commission of the offense, except as  
            specified.  

          5)Requires that prosecution for an offense not punishable by  
            death or imprisonment in the state prison or county jail  
            pursuant to realignment under Penal Code Section 1170(h) be  
            commenced within one year after commission of the offense,  
            except as specified.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, 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 5%, annual General Fund (GF)  
          costs would increase by about $200,000 in two years, assuming a  
          midterm sentence of two years. 

          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, "Hit-and-run accidents have  
          received little attention over the years, but they have run  
          rampant in cities like Los Angeles.  A recent investigation by  
          L.A. Weekly found that nearly 20,000 hit-and-run crashes -  
          everything from fender benders to multiple fatalities - are  
          recorded annually by the Los Angeles Police Department.  These  
          incidents made up an astonishing 48 percent of all vehicle  
          crashes in 2009, compared to an average rate of just 11 percent  
          nationwide.  Data collected by the state shows 4,000 hit-and-run  
          incidents a year in Los Angeles city limits lead to injury or  
          death.

          "Unfortunately, many of these incidents are never prosecuted, in  








                                                                  AB 184
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          part because of the statute of limitations running out.

          "AB 184 would extend the statute of limitations if a person  
          flees the scene of an accident that causes death or serious  
          bodily injury to three years after the offense or one year after  
          the suspect is initially identified by law enforcement,  
          whichever is later.

          "The aftermath for hit-and-run victims who sustain serious  
          injuries and families of those who lose their loved ones is life  
          changing.  Many survivors are left with catastrophic injuries  
          that leave them unable to work or lead normal lives for  
          significant periods of time.  Though many of these victims can  
          never be made whole, this measure would provide law enforcement  
          additional flexibility to identify perpetrators and prosecute  
          them for their crimes."

          Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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