BILL ANALYSIS                                                                                                                                                                                                    



                                                                       AB 835


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          ASSEMBLY THIRD READING


          AB  
          835 (Gipson)


          As Amended  April 14, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |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            |                    |
          |                |      |                       |                    |
          |                |      |                       |                    |
           -------------------------------------------------------------------- 


          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. 








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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  








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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