BILL ANALYSIS Ó
AB 184
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 184 (Gatto)
As Amended September 3, 2013
Majority vote
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|ASSEMBLY: |76-0 |(May 29, 2013) |SENATE: |37-0 |(September 9, |
| | | | | |2013) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments provide that in no case may changes be
brought later than six years after 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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Unknown; potential increase in state prison commitments and
costs potentially in excess of several hundreds of thousands
of dollars (General Fund). California Department of
Corrections and Rehabilitation (CDCR) data indicates, on
average, 65 new commitments to state prison each year over the
past three years (2010-2012) under Vehicle Code (VC) Section
20001(b)(2). A 5% increase in convictions would result in
annual state incarceration costs of $180,000 (General Fund),
potentially compounding to $360,000 for overlapping sentences
based on serving a mid-term sentence of two years and full
sentence credits.
2)Potential moderate increase in state trial court workload to
the extent the provisions of this bill result in additional
prosecutions that otherwise would not have occurred under the
existing statute of limitations. Three additional trials per
year (based on the 5% increase in convictions noted above),
would result in $60,000 (General Fund*) in additional
court-related costs.
*Trial Court Trust Fund
AB 184
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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
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: 0002405