BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 835 (Gipson) - Vehicular manslaughter:  statute of limitation
          
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          |Version: April 14, 2015         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 27, 2015   |Consultant: Jolie Onodera       |
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          *********** 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  
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            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.


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