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 AB 835 Page 2 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 AB 835 Page 3 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." AB 835 Page 4 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).) AB 835 Page 5 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. AB 835 Page 6 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 AB 835 Page 7 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 AB 835 Page 8 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 Page 9 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