Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 835


Introduced by Assembly Member Gipson

February 26, 2015


An act to amendbegin delete Sections 191.5 and 193end deletebegin insert Section 803end insert of the Penal Code, relating to vehicular manslaughter.

LEGISLATIVE COUNSEL’S DIGEST

AB 835, as amended, Gipson. Vehicular manslaughter:begin delete fleeing the scene of an accident.end deletebegin insert statute of limitation.end insert

begin insert

Existing law defines the crime of vehicular manslaughter as the unlawful killing of a human being without malice while driving a vehicle under specified circumstances, including the commission of an unlawful act, not amounting to a felony, with or without gross negligence. Existing law provides that vehicular manslaughter is punishable as a misdemeanor or felony.

end insert
begin insert

Existing law provides various time limits within which crimes may be prosecuted, except as specified. Existing law authorizes, if a person flees the scene of an accident that caused death or permanent, serious injury, a criminal complaint brought pursuant to specified provisions to be filed within one or 3 years after the completion of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than 6 years after the commission of the offense.

end insert
begin insert

This bill would additionally authorize, if a person flees the scene of an accident, a criminal complaint brought for a violation of specified vehicular manslaughter crimes to be filed either one or 3 years after the commission of the offense, as specified, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later.

end insert
begin delete

Existing law proscribes various types of vehicular manslaughter, including gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and vehicular manslaughter, as defined. Existing law prescribes the punishment for those crimes, including imprisonment in the state prison for 4, 6, or 10 years for gross vehicular manslaughter and imprisonment in the state prison for 2, 4, or 6 years, or in a county jail for not more than one year, as specified, for vehicular manslaughter. Existing law imposes an additional term of imprisonment of 5 years in the state prison upon a person who flees the scene of the crime after committing certain types of vehicular manslaughter, as specified.

end delete
begin delete

Existing law also provides that the crime of 2nd degree murder is generally punishable by imprisonment in the state prison for a term of 15 years to life, as specified.

end delete
begin delete

This bill would make a person who commits an act of vehicular manslaughter and flees the scene of the accident guilty of 2nd degree murder and subject to imprisonment in the state prison for a term of 15 years to life, as specified. By changing the penalty for existing crimes, the bill would impose a state-mandated local program.

end delete
begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 803 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

803.  

(a) Except as provided in this section, a limitation of time
4prescribed in this chapter is not tolled or extended for any reason.

P3    1(b) No time during which prosecution of the same person for
2the same conduct is pending in a court of this state is a part of a
3limitation of time prescribed in this chapter.

4(c) A limitation of time prescribed in this chapter does not
5commence to run until the discovery of an offense described in
6this subdivision. This subdivision applies to an offense punishable
7by imprisonment in the state prison or imprisonment pursuant to
8subdivision (h) of Section 1170, a material element of which is
9fraud or breach of a fiduciary obligation, the commission of the
10crimes of theft or embezzlement upon an elder or dependent adult,
11or the basis of which is misconduct in office by a public officer,
12employee, or appointee, including, but not limited to, the following
13offenses:

14(1) Grand theft of any type, forgery, falsification of public
15records, or acceptance of, or asking, receiving, or agreeing to
16receive, a bribe, by a public official or a public employee,
17including, but not limited to, a violation of Section 68, 86, or 93.

18(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

19(3) A violation of Section 25540, of any type, or Section 25541
20of the Corporations Code.

21(4) A violation of Section 1090 or 27443 of the Government
22Code.

23(5) Felony welfare fraud or Medi-Cal fraud in violation of
24Section 11483 or 14107 of the Welfare and Institutions Code.

25(6) Felony insurance fraud in violation of Section 548 or 550
26of this code or former Section 1871.1, or Section 1871.4, of the
27Insurance Code.

28(7) A violation of Section 580, 581, 582, 583, or 584 of the
29Business and Professions Code.

30(8) A violation of Section 22430 of the Business and Professions
31Code.

32(9) A violation of Section 103800 of the Health and Safety
33Code.

34(10) A violation of Section 529a.

35(11) A violation of subdivision (d) or (e) of Section 368.

36(d) If the defendant is out of the state when or after the offense
37is committed, the prosecution may be commenced as provided in
38Section 804 within the limitations of time prescribed by this
39chapter, and no time up to a maximum of three years during which
P4    1the defendant is not within the state shall be a part of those
2limitations.

3(e) A limitation of time prescribed in this chapter does not
4commence to run until the offense has been discovered, or could
5have reasonably been discovered, with regard to offenses under
6Division 7 (commencing with Section 13000) of the Water Code,
7under Chapter 6.5 (commencing with Section 25100) of, Chapter
86.7 (commencing with Section 25280) of, or Chapter 6.8
9(commencing with Section 25300) of, Division 20 of, or Part 4
10(commencing with Section 41500) of Division 26 of, the Health
11and Safety Code, or under Section 386, or offenses under Chapter
125 (commencing with Section 2000) of Division 2 of, Chapter 9
13(commencing with Section 4000) of Division 2 of, Section 6126
14of, Chapter 10 (commencing with Section 7301) of Division 3 of,
15or Chapter 19.5 (commencing with Section 22440) of Division 8
16of, the Business and Professions Code.

17(f) (1) Notwithstanding any other limitation of time described
18in this chapter, a criminal complaint may be filed within one year
19of the date of a report to a California law enforcement agency by
20a person of any age alleging that he or she, while under 18 years
21of age, was the victim of a crime described in Section 261, 286,
22288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter
23293 of the Statutes of 1991 relating to penetration by an unknown
24object.

25(2) This subdivision applies only if all of the following occur:

26(A) The limitation period specified in Section 800, 801, or 801.1,
27whichever is later, has expired.

28(B) The crime involved substantial sexual conduct, as described
29in subdivision (b) of Section 1203.066, excluding masturbation
30that is not mutual.

31(C) There is independent evidence that corroborates the victim’s
32allegation. If the victim was 21 years of age or older at the time
33of the report, the independent evidence shall clearly and
34convincingly corroborate the victim’s allegation.

35(3) No evidence may be used to corroborate the victim’s
36allegation that otherwise would be inadmissible during trial.
37Independent evidence does not include the opinions of mental
38health professionals.

39(4) (A) In a criminal investigation involving any of the crimes
40listed in paragraph (1) committed against a child, when the
P5    1applicable limitations period has not expired, that period shall be
2tolled from the time a party initiates litigation challenging a grand
3jury subpoena until the end of the litigation, including any
4associated writ or appellate proceeding, or until the final disclosure
5of evidence to the investigating or prosecuting agency, if that
6disclosure is ordered pursuant to the subpoena after the litigation.

7(B) Nothing in this subdivision affects the definition or
8applicability of any evidentiary privilege.

9(C) This subdivision shall not apply if a court finds that the
10grand jury subpoena was issued or caused to be issued in bad faith.

11(g) (1) Notwithstanding any other limitation of time described
12in this chapter, a criminal complaint may be filed within one year
13of the date on which the identity of the suspect is conclusively
14established by DNA testing, if both of the following conditions
15are met:

16(A) The crime is one that is described in subdivision (c) of
17Section 290.

18(B) The offense was committed prior to January 1, 2001, and
19biological evidence collected in connection with the offense is
20analyzed for DNA type no later than January 1, 2004, or the offense
21was committed on or after January 1, 2001, and biological evidence
22collected in connection with the offense is analyzed for DNA type
23no later than two years from the date of the offense.

24(2) For purposes of this section, “DNA” means deoxyribonucleic
25acid.

26(h) For any crime, the proof of which depends substantially
27upon evidence that was seized under a warrant, but which is
28 unavailable to the prosecuting authority under the procedures
29described in People v. Superior Court (Laff) (2001) 25 Cal.4th
30703, People v. Superior Court (Bauman & Rose) (1995) 37
31Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
32claims of evidentiary privilege or attorney work product, the
33limitation of time prescribed in this chapter shall be tolled from
34the time of the seizure until final disclosure of the evidence to the
35prosecuting authority. Nothing in this section otherwise affects
36the definition or applicability of any evidentiary privilege or
37attorney work product.

38(i) Notwithstanding any other limitation of time described in
39this chapter, a criminal complaint may be filed within one year of
P6    1the date on which a hidden recording is discovered related to a
2violation of paragraph (2) or (3) of subdivision (j) of Section 647.

3(j) Notwithstanding any other limitation of time described in
4this chapter, if a person flees the scene of an accident that caused
5death or permanent, serious injury, as defined in subdivision (d)
6of Section 20001 of the Vehicle Code, a criminal complaint brought
7pursuant to paragraph (2) of subdivision (b) of Section 20001 of
8the Vehicle Code may be filed within the applicable time period
9described in Section 801 or 802 or one year after the person is
10initially identified by law enforcement as a suspect in the
11commission of the offense, whichever is later, but in no case later
12than six years after the commission of the offense.

begin insert

13(k) Notwithstanding any other limitation of time described in
14this chapter, if a person flees the scene of an accident, a criminal
15complaint brought pursuant to paragraph (1) or (2) of subdivision
16(c) of Section 192 may be filed within the applicable time period
17 described in Section 801 or 802, or one year after the person is
18initially identified by law enforcement as a suspect in the
19commission of that offense, whichever is later.

end insert
begin delete

20(k)

end delete

21begin insert(l)end insert A limitation of time prescribed in this chapter does not
22commence to run until the discovery of an offense involving the
23offering or giving of a bribe to a public official or public employee,
24including, but not limited to, a violation of Section 67, 67.5, 85,
2592, or 165, or Section 35230 or 72530 of the Education Code.

begin delete
26

SECTION 1.  

Section 191.5 of the Penal Code is amended to
27read:

28

191.5.  

(a) Gross vehicular manslaughter while intoxicated is
29the unlawful killing of a human being without malice aforethought,
30in the driving of a vehicle, where the driving was in violation of
31Section 23140, 23152, or 23153 of the Vehicle Code, and the
32killing was either the proximate result of the commission of an
33unlawful act, not amounting to a felony, and with gross negligence,
34or the proximate result of the commission of a lawful act that might
35produce death, in an unlawful manner, and with gross negligence.

36(b) Vehicular manslaughter while intoxicated is the unlawful
37killing of a human being without malice aforethought, in the
38driving of a vehicle, where the driving was in violation of Section
3923140, 23152, or 23153 of the Vehicle Code, and the killing was
40 either the proximate result of the commission of an unlawful act,
P7    1not amounting to a felony, but without gross negligence, or the
2proximate result of the commission of a lawful act that might
3produce death, in an unlawful manner, but without gross
4negligence.

5(c) (1) Except as provided in subdivision (d), gross vehicular
6manslaughter while intoxicated in violation of subdivision (a) is
7punishable by imprisonment in the state prison for 4, 6, or 10 years.

8(2) Vehicular manslaughter while intoxicated in violation of
9subdivision (b) is punishable by imprisonment in a county jail for
10not more than one year or by imprisonment pursuant to subdivision
11(h) of Section 1170 for 16 months or two or four years.

12(d) (1) A person convicted of violating subdivision (a) who has
13one or more prior convictions of this section or of paragraph (1)
14of subdivision (c) of Section 192, subdivision (a) or (b) of Section
15192.5 of this code, or of violating Section 23152 punishable under
16Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or
17convicted of Section 23153 of, the Vehicle Code, shall be punished
18by imprisonment in the state prison for a term of 15 years to life.
19Article 2.5 (commencing with Section 2930) of Chapter 7 of Title
201 of Part 3 shall apply to reduce the term imposed pursuant to this
21subdivision.

22(2) Notwithstanding any other law, a person who violates
23subdivision (a) or (b) and flees the scene of the accident, is guilty
24of murder in the second degree.

25(e) This section shall not be construed as prohibiting or
26precluding a charge of murder under Section 188 upon facts
27exhibiting wantonness and a conscious disregard for life to support
28a finding of implied malice, or upon facts showing malice
29consistent with the holding of the California Supreme Court in
30People v. Watson, 30 Cal. 3d 290.

31(f) This section shall not be construed as making any homicide
32in the driving of a vehicle or the operation of a vessel punishable
33which is not a proximate result of the commission of an unlawful
34act, not amounting to felony, or of the commission of a lawful act
35which might produce death, in an unlawful manner.

36(g) For the penalties in subdivision (c) to apply, the existence
37of any fact required under subdivision (c) shall be alleged in the
38information or indictment and either admitted by the defendant in
39open court or found to be true by the trier of fact.

40

SEC. 2.  

Section 193 of the Penal Code is amended to read:

P8    1

193.  

(a) Voluntary manslaughter is punishable by
2imprisonment in the state prison for 3, 6, or 11 years.

3(b) Involuntary manslaughter is punishable by imprisonment
4pursuant to subdivision (h) of Section 1170 for two, three, or four
5years.

6(c) Vehicular manslaughter is punishable as follows:

7(1) A violation of paragraph (1) of subdivision (c) of Section
8192 is punishable either by imprisonment in the county jail for not
9more than one year or by imprisonment in the state prison for two,
10four, or six years.

11(2) A violation of paragraph (2) of subdivision (c) of Section
12192 is punishable by imprisonment in the county jail for not more
13than one year.

14(3) A violation of paragraph (3) of subdivision (c) of Section
15192 is punishable by imprisonment in the state prison for 4, 6, or
1610 years.

17(4) Notwithstanding any other law, a person who commits
18vehicular manslaughter and flees the scene of the accident, is guilty
19of murder in the second degree.

20

SEC. 3.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.

end delete


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