BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 835 (Gipson) - Vehicular manslaughter: statute of limitation
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: April 14, 2015 |Policy Vote: PUB. S. 7 - 0 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: No |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: August 27, 2015 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill
Summary: AB 835 would revise the statute of limitations for the
crime of vehicular manslaughter if the person flees the scene of
an accident to one year after the person is initially identified
by law enforcement as a suspect, or within the existing statute
of limitations, whichever is later, but no case later than six
years after the commission of the offense.
Fiscal
Impact:
Potential future increase in state costs, potentially in
excess of $50,000 (General Fund) in any one year to the extent
additional commitments to state prison occur under the
extended statute of limitations that otherwise would not have
occurred under existing law. While the number of new
commitments to state prison is estimated to be minimal, given
the potential length of the applicable prison term including
the five-year sentence enhancement under VC § 20001(c), even
AB 835 (Gipson) Page 1 of
?
two commitments within a seven to 11-year time period could
result in annual prison costs in excess of the Suspense File
threshold.
Potential future increase in non-reimbursable local costs
(General Fund*) to the extent additional misdemeanor
convictions to jail occur under the extended statute of
limitations that otherwise would not have occurred under
existing law. Any increased costs to local agencies could
potentially require a subvention of funds from the State
(General Fund*).
*Proposition 30 (2012) provides that legislation enacted after
September 30, 2012, that has an overall effect of increasing the
costs already borne by a local agency for public safety
services, as defined, are not subject to mandate reimbursement,
however, apply to local agencies only to the extent the State
provides annual funding for the cost increase. Legislation
creating a new crime or changing the definition of an existing
crime is exempt from this funding provision, however,
legislation changing the penalty for a crime is not similarly
exempted. To the extent it is determined that the provisions of
this bill change the penalty for the crime of vehicular
manslaughter by extending the period within which violations can
be prosecuted, any increase in costs to local agencies
attributable to provisions of this legislation could potentially
require annual funding from the State.
Committee
Amendments: Provide an outside statute of limitations of six
years after the commission of the offense, consistent with the
statute of limitations for the offense of fleeing the scene of
an accident that caused death or permanent, serious injury, as
specified.
-- END --