BILL ANALYSIS Ó AB 184 Page 1 ASSEMBLY THIRD READING AB 184 (Gatto) As Amended May 24, 2013 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |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 Page 2 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 Page 3 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 FN: 0000886