BILL ANALYSIS                                                                                                                                                                                                    



                                                                     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  








                                                                     AB 835


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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