BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 835|
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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
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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
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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
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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)
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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. S. /
9/1/15 20:20:16
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