BILL ANALYSIS                                                                                                                                                                                                    



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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          835 (Gipson)


          As Amended  September 1, 2015


          Majority vote


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          |ASSEMBLY:  |75-0  |(May 22, 2015) |SENATE: |40-0  |(September 2,    |
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          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  








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            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  








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            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  








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            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

















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