Amended in Senate March 28, 2016

Senate BillNo. 1088


Introduced by Senators Nguyen and Bates

begin delete

(Coauthor: Senator Nielsen)

end delete
begin delete

(Coauthor: Assembly Member Brough)

end delete
begin insert

(Coauthors: Senators Fuller, Galgiani, and Nielsen)

end insert
begin insert

(Coauthors: Assembly Members Brough and Wagner)

end insert

February 17, 2016


An act to amend Section 152 of the Penal Code, relating to wrongful concealment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1088, as amended, Nguyen. Wrongful concealment: accidental death.

Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.

This bill would make that offense a misdemeanor or a felony, and if a felony, punishable bybegin delete imprisonment,end deletebegin insert imprisonment in a county jail,end insert as specified, or the fine described above, or by both that fine and imprisonment.

By creating a new felony, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 152 of the Penal Code is amended to
2read:

3

152.  

(a) (1) A person who, having knowledge of an accidental
4death, actively conceals or attempts to conceal that death, is guilty
5of a misdemeanor or a felony punishable as follows:

6(2) If a misdemeanor, by imprisonment in a county jail for not
7more than one year, or by a fine of not less than one thousand
8dollars ($1,000) nor more than ten thousand dollars ($10,000), or
9by both that fine and imprisonment.

10(3) If a felony, by imprisonment pursuant to subdivision (h) of
11Section 1170, or by a fine of not less than one thousand dollars
12($1,000) nor more than ten thousand dollars ($10,000), or by both
13that fine and imprisonment.

14(b) For purposes of this section,begin delete “to actively conceal an
15accidental death” meansend delete
begin insert a person who “actively conceals” an
16accidental death means a person who doesend insert
any of the following:

17(1) begin deleteTo perform end deletebegin insertPerforms end insertan overt act that conceals the body or
18directly impedes the ability of authorities or family members to
19discover the body.

20(2) begin deleteTo directly destroy or suppress end deletebegin insertDirectly destroys or
21suppresses end insert
evidence of the actual physical body of the deceased,
22including, but not limited to, bodily fluids or tissues.

23(3) begin deleteTo destroy or suppress end deletebegin insertDestroys or suppresses end insertthe actual
24physical instrumentality of death.

25

SEC. 2.  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

    98