BILL ANALYSIS Ó
AB 835
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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, |
| | | | | |2015) |
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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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