BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 835| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 835 Author: Gipson (D) Amended: 9/1/15 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/23/15 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 75-0, 5/22/15 - See last page for vote SUBJECT: Vehicular manslaughter: statute of limitationVehicular manslaughter: statute of limitation. SOURCE: Crime Victims United DIGEST: This bill allows for a longer statute of limitations when a person flees the scene of an accident where vehicular manslaughter has occurred, but no longer than six years. ANALYSIS: 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 AB 835 Page 2 manner, and with gross negligence. (Penal Code, § 192 (c)(1).) 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. (Penal Code, § 193 (c)(1).) 3)States that vehicular manslaughter also is the unlawful killing of a human being without malice while (i) driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence or (ii) 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. (Penal Code §§ 192(c)(2) and 193 (c) (2).) 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. (Penal Code, § 801.) 5)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. (Vehicle Code, § 20001 (a).) 6)Specifies that if the results is 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 one thousand dollars ($1,000) nor more than ten thousand dollars ($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. (Vehicle Code, § 20001 (b)(2).) 7)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 AB 835 Page 3 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. (Vehicle Code, § 20001 (c).) 8)Requires that prosecution for a misdemeanor offense be commenced within one year after commission of the offense, except as specified. (Penal Code, § 802 (a).) 9)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. (Penal Code, § 803 (j).) This bill provides that notwithstanding any other limitation of time, if a person flees the scene of an accident where the person is charged with vehicular manslaughter, the statute of limitation is one year after the person is initially identified by law enforcement as a suspect in the offense or the existing statute of limitations, whichever is later, but in no case later than six years after the commission of the offense. Comments This bill allows for an extension of the statute of limitations for vehicular manslaughter when a person flees the scene. The existing statute of limitations is 3 years for a felony and one year for a misdemeanor. This bill provides that the statute of limitations would be one year after the person is initially identified by law enforcement as a suspect or the existing statute of limitations, whichever is later, but in no case later than six years after the commission of the offense. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No AB 835 Page 4 According to the Senate Appropriations analysis: 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 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. SUPPORT: (Verified 8/31/15) AB 835 Page 5 Crime Victims United (source) Association of Deputy District Attorneys Association for Los Angeles Deputy Sheriffs The California Association of Highway Patrolman California District Attorneys Association California Police Chiefs Association, Inc. Los Angeles County District Attorney's Association Los Angeles Police Protective League Los Angeles Probation Officers Union, AFSCME, Local 685 Riverside Sheriffs' Association OPPOSITION: (Verified 8/31/15) American Civil Liberties Union California Attorneys for Criminal Justice Legal Services for Prisoners with Children ASSEMBLY FLOOR: 75-0, 5/22/15 AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Alejo, O'Donnell, Olsen, Waldron, Weber Prepared by:Mary Kennedy / PUB. 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