BILL ANALYSIS Ó
AB 835
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
835 (Gipson) - As Amended April 14, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill provides that, in addition to filing a criminal
AB 835
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complaint within the existing statute of limitations, if a
person flees the scene of an accident resulting 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.
FISCAL EFFECT:
Minor absorbable costs (GF) to the Department of Corrections if
an individual is convicted under the felony provisions beyond
the current statute of limitations, which is six years.
COMMENTS:
1)Purpose. 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."
2)Background. Criminal statutes of limitations are laws that
limit the time during which a prosecution can be commenced. A
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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.
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.
Current law 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.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081