BILL ANALYSIS Ó AB 835 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 835 (Gipson) As Amended September 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |75-0 |(May 22, 2015) |SENATE: |40-0 |(September 2, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Provides that, in addition to filing a criminal complaint within the existing statute of limitations, if a person flees the scene of an accident that results in a vehicular manslaughter, as specified, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense but in no case later than the offense date. The Senate amendments limit the statute of limitations for vehicular manslaughter, when the defendant flees the scene of the accident, at six years from the date of the offense. EXISTING LAW: 1)States that vehicular manslaughter is the unlawful killing of AB 835 Page 2 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 manner, and with gross negligence. 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. 3)States that vehicular manslaughter also is the unlawful killing of a human being without malice while a) driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence or b) 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. 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. 5)Requires that prosecution for a misdemeanor offense be commenced within one year after commission of the offense, except as specified. 6)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 7)States that the driver of a vehicle involved in an accident AB 835 Page 3 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. 8)Specifies that if the results in 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 $1,000 nor more than $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. 9)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 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. AS PASSED BY THE ASSEMBLY, this bill provided that, in addition to filing a criminal complaint within the existing statute of limitations, if a person flees the scene of an accident that results in a vehicular manslaughter, as specified, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)Potential future increase in state costs, potentially in excess of $50,000 (General Fund) in any one year to the extent AB 835 Page 4 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 Vehicle Code Section 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. 2)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*). COMMENTS: According to the author, "Currently, the statute of limitation provides an incentive for vehicular homicide suspects to flee the scene of serious traffic accidents in order to avoid identification and possible prosecution. Our laws should not encourage flight, and discourage rendering aid. "Assembly Bill (AB) 835 will ensure those who commit vehicular homicide and flee the scene of the incident are held accountable for their crime by tolling the statute of limitations until the suspect is identified by law enforcement." Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001961 AB 835 Page 5