BILL ANALYSIS Ó
AB 835
Page 1
Date of Hearing: April 28, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
835 (Gipson) - As Amended April 14, 2015
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 results in a
vehicular manslaughter, 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 driving a vehicle in the
commission of an unlawful act, not amounting to a felony, and
with gross negligence or driving a vehicle in the commission
of a lawful act which might produce death, in an unlawful
manner, and with gross negligence. (Pen. Code, § 192, subd.
(c)(1).)
2)States that violation of vehicular manslaughter 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. (Pen. Code, § 193, subd. (c), par. (1).)
3)States that vehicular manslaughter also is the unlawful
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killing of a human being without malice while (i) driving a
vehicle in the commission of an unlawful act, not amounting to
a felony, but without gross negligence or (ii) driving a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, but without gross negligence.
[Penal Code section 192, subd. (c), par. (2).] States that
violation of this offense is punishable by imprisonment in the
county jail for not more than one year. (Pen. Code, § 193,
subd. (c), par. (2).)
4)Requires that prosecution for an offense punishable by
imprisonment in the state prison or county jail pursuant to
realignment be commenced within three years after commission
of the offense, except as specified. (Pen. Code, § 801.)
5)Requires that prosecution for a misdemeanor offense be
commenced within one year after commission of the offense,
except as specified. (Pen. Code, § 802, subd. (a).)
6)Allows a criminal complaint to be filed within the standard
period, 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 six
years after the commission of the offense, if a person flees
the scene of an accident that caused death or permanent,
serious injury (Pen. Code, § 803, subd. (j).)
7)States that the driver of a vehicle involved in an accident
resulting in injury to a person, other than himself or
herself, or in the death of a person shall immediately stop
the vehicle at the scene of the accident and provide
assistance and information. (Veh. Code, § 20001, subd. (a).)
8)Specifies that if the results in death or permanent, serious
injury, a person who violates subdivision shall be punished by
imprisonment in the state prison for two, three, or four
years, or in a county jail for not less than 90 days nor more
than one year, or by a fine of not less than one thousand
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dollars ($1,000) nor more than ten thousand dollars ($10,000),
or by both that imprisonment and fine. However, the court, in
the interests of justice and for reasons stated in the record,
may reduce or eliminate the minimum imprisonment. (Veh. Code,
§ 20001, subd. (b)(2).)
9)States that a person who flees the scene of the crime after
committing a violation of vehicular manslaughter while
intoxicated of, or gross vehicular manslaughter upon
conviction of any of those sections, in addition and
consecutive to the punishment prescribed, shall be punished by
an additional term of imprisonment of five years in the state
prison. This additional term shall not be imposed unless the
allegation is charged in the accusatory pleading and admitted
by the defendant or found to be true by the trier of fact. The
court shall not strike a finding that brings a person within
the provisions of this subdivision or an allegation made
pursuant to this subdivision. (Veh. Code, § 20001, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, ""Currently, the
statute of limitation provides an incentive for vehicular
homicide suspects to flee the scene of serious traffic
accidents in order to avoid identification and possible
prosecution. Our laws should not encourage flight, and
discourage rendering aid.
"Assembly Bill (AB) 835 will ensure those who commit vehicular
homicide and flee the scene of the incident are held
accountable for their crime by tolling the statute of
limitations until the suspect is identified by law
enforcement."
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2)Statute of Limitations: Criminal statutes of limitations are
laws that limit the time during which a prosecution can be
commenced. A prosecution is initiated by filing an indictment
or information, filing a complaint, arraigning a defendant
charged with a felony, or issuing an arrest or bench warrant.
(Pen. Code, § 804.) If prosecution is not commenced within
the applicable period of limitation, it is a complete defense
to the charge. The statute of limitations is jurisdictional
and may be raised as a defense at any time before or after
judgment. People v. McGee (1934) 1 Cal.2d 611, 613. The
defense may be waived only under limited circumstances for the
benefit of the defendant. Cowan v. Superior Court (1996) 14
Cal.4th 367, 370.
Statutes of limitations have been in operation for over 350
years and are deeply rooted in the American legal system.
"There are several rationales underlying statutes of
limitations. First, they ensure that prosecutions are based
upon reasonably fresh evidence. The idea is that over time,
memories fade, witnesses die or leave the area, and physical
evidence becomes more difficult to obtain, identify, or
preserve. In short, the possibility of erroneous conviction
is minimized when prosecution is prompt. Second, statutes of
limitations encourage law enforcement officials to investigate
suspected criminal activity in a timely fashion. In addition,
it is thought that (statutes of limitations) may reduce the
possibility of blackmail based on threats to disclose
information to prosecutors or law enforcement officials.
Another rationale is that as time goes by, the likelihood
increases that an offender has reformed, making punishment
less necessary. In addition, society's retributive impulse
may lessen over time, making punishment less desirable.
Finally, there is the thought that statutes of limitations
provide an overall sense of security and stability to human
affairs." (Lauren Kerns, Incorporating Tolling Provisions into
Sex Crimes Statutes of Limitations, 13 Temp. Pol. & Civ. Rts.
L. Rev. 325, 327 (2003) (internal quotations and citations
omitted).)
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In considering revisions to California's statutes of
limitations, the California Law Revision Commission identified
five factors to be considered by the Legislature in drafting a
limitations statute: "(a) The staleness factor. A person
accused of crime should be protected from having to face
charges based on possibly unreliable evidence and from losing
access to the evidentiary means to defend. (b) The repose
factor. This reflects society's lack of a desire to prosecute
for crimes committed in the distant past. (c) The motivation
factor. This aspect of the statute imposes a priority among
crimes for investigation and prosecution. (d) The seriousness
factor. The statute of limitations is a grant of amnesty to a
defendant; the more serious the crime, the less willing
society is to grant that amnesty. (e) The concealment factor.
Detection of certain concealed crimes may be quite difficult
and may require long investigations to identify and prosecute
the perpetrators." (1 Witkin Cal. Crim. Law Defenses Section
234 (3rd ed. 2010), citing 17 Cal. Law Rev. Com. Reports,
pp.308-311.)
3)The Proposed Legislation has Similar Language to the Existing
Statute of Limitations for the Crime of Hit and Run with
Injury or Death, but it Does Not Include Any Cap on Time:
This bill would allow the statute of limitations to be
extended for crimes of vehicular manslaughter where the
suspect left the scene of the accident. The statute of
limitations for vehicular manslaughter is one year
(misdemeanor vehicular manslaughter), or three years (felony
vehicular manslaughter). This bill would allow the statute of
limitations to be extended indefinitely beyond those time
periods, if a suspect has not been identified. If a suspect
is identified at any point in the future, a criminal complaint
can be filed within one year of identification of the suspect.
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Under existing law, the statute of limitation for a hit and
run with injury or death, includes a provision which extends
the statute of limitations to allow the filing of a complaint
within one year of identification of a suspect. However, there
is a six year cap, beyond which charges cannot be filed. (Pen.
Code, § 803(j).) The proposed legislation mirrors the language
extending the statute of limitations in hit and run with
injury or death, but does not include any cap.
4)Argument in Support: According to The Los Angeles County
Professional Peace Officers Association, "This bill would
authorize a criminal complaint to be brought against a person
who flees the scene of an accident for violation of specified
vehicular manslaughter crimes to be filed either one or 3
years after the commission of the offense.
"The additional time would aid law enforcement officers in
their investigations of these specified crimes, and seeks to
ensure justice is served and closure provided for the families
of the victims."
5)Argument in Opposition: According to The American Civil
Liberties Union of California, "AB 835 would effectively
eliminate the statute of limitations for charges under Penal
Code section 192(c)(1) or (2) in cases where a person flees
the scene of an accident. The bill would permit the
prosecution to pursue charges within one year of identifying a
suspect, without any outer-limit on when charges may be filed.
Practically speaking, this is effectively the same as no
statute of limitations, as the prosecution may pursue charges
decades after the events at issue. In contrast, Penal Code
section 803(j) currently provides that, in cases where a
person flees the scene of an accident causing death, the
prosecution may file charges within one year of identifying a
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suspect "but in no case later than six years after the
commission of the offense."
"Creating two different statutes of limitations for these
offenses will create confusion. A prosecutor may choose to
charge the more severe offense of Penal Code section 192(c)
for the specific purpose of evading the six year statute of
limitations provided for the offense of fleeing the scene of
an accident causing death. People charged with this more
severe crime more than six years after the events may raise
legitimate due process and equal protection concerns."
"Moreover, statutes of limitations promote one of the core
principles of our justice system: that crimes are solved and
brought to trial quickly, to ensure that a person accused of a
crime faces reliable evidence and has a fair opportunity to
mount a defense. The United States Supreme Court stated that
statutes of limitations are the primary guarantee against
bringing overly stale criminal charges. (United States v.
Ewell (1966) 383 U.S. 116, 122.) People should not face
criminal charges based on evidence that may be unreliable or
after they have lost access to evidence to defend against the
charge. With time memory fades, witnesses become unavailable,
and physical evidence becomes unobtainable or contaminated.
Offenses that charged under Penal Code section 192(c) are
particularly likely to raise these concerns. These offenses do
not require intent but, rather, a finding of gross negligence.
Determining whether the accused person committed an act with
gross negligence requires a careful assessment of all of the
circumstances of the accident and many of the circumstances
leading up to the accident. A person facing charges of gross
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vehicular manslaughter decades after the event will have lost
the ability to identify and interview key witnesses and to
collect physical evidence that may be relevant to his or her
defense."
"For these reasons, we oppose AB 835 unless amended to provide
an outer-limit of six years for filing these charges."
6)Prior Legislation:
a) AB 184 (Gatto), Chapter 765, Statutes of 2013, provides
that, notwithstanding any other limitation of time
specified, if a person flees the scene of an accident that
has caused death or permanent, serious injury, charges may
be brought either one or 3 years after the completion of
the offense, as specified, or one year after the person is
initially identified 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.
b) AB 2484 (Davis), of the 2011-2012 Legislative Session,
would have provided that notwithstanding any other
limitation of time, as specified, if a person flees the
scene of an accident, a criminal complaint for the crimes
described above may 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. The bill was never heard in the Senate Public
Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
AB 835
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Support
California Association of Highway Patrolmen
California District Attorneys Association
Crime Victims United
Fraternal Order of Police California State Lodge
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Opposition
American Civil Liberties Union of California
California Attorneys for Criminal Justice
Legal Services for Prisoners with Children
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744