BILL ANALYSIS Ó
AB 835
Page 1
ASSEMBLY THIRD READING
AB
835 (Gipson)
As Amended April 14, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago, Weber | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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.
AB 835
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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.
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.
3)States that vehicular manslaughter also is the unlawful killing
of a human being without malice while a) driving a vehicle in
the commission of an unlawful act, not amounting to a felony,
but without gross negligence or b) driving a vehicle in the
commission of a lawful act which might produce death, in an
unlawful manner, but without gross negligence. States that
violation of this offense is punishable by imprisonment in the
county jail for not more than one year.
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.
5)Requires that prosecution for a misdemeanor offense be commenced
within one year after commission of the offense, except as
specified.
6)Allows a criminal complaint to be filed within the standard
period, or one year after the person is initially identified by
AB 835
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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
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.
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 $1,000 nor more than
$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.
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.
FISCAL
EFFECT: According to the Assembly Appropriations Committee, minor
absorbable costs (General Fund) to the Department of Corrections
if an individual is convicted under the felony provisions beyond
the current statute of limitations, which is six years.
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COMMENTS: 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."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744 FN: 0000415