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. S. / 
          9/1/15 20:20:16


                                   ****  END  ****







                                                                     AB 835  
                                                                    Page  6