BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1088 (Nguyen) - Wrongful concealment: accidental death ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 2, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 1088 would raise the penalty for concealing an accidental death from a misdemeanor to an alternate felony-misdemeanor, as specified. Fiscal Impact: State prisons : Potential increase in state costs (General Fund) to the extent the greater penalty for concealing an accidental death results in additional commitments to state prison. To the extent even two defendants are impacted in any one year under the provisions of this bill could increase state incarceration costs by $58,000 based on the estimated contract bed rate of $29,000 per year. County jails : Potential increase in local costs (Local Funds/General Fund*) for additional prosecutions, convictions, and commitments to county jail that otherwise would have been time-barred under the one-year statute of limitations for prosecution of this offense as a misdemeanor under existing SB 1088 (Nguyen) Page 1 of ? law. *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, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. Concealing an accidental death is an existing crime. To the extent the greater penalty imposed for committing this offense is determined to change the penalty for this crime, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State. Background: Existing law provides that it is a misdemeanor to actively conceal an accidental death, or attempt to do so. This misdemeanor is punishable by a jail term of up to one year, or by a fine of no less than $1,000 and no more than $10,000, or by both the fine and imprisonment. (Penal Code § 152 (a).) Existing law provides that to conceal an accidental death means to do one of the following acts: Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body. Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues. Destroy or suppress the actual physical instrumentality of death. (PC § 152 (b).) Existing law provides that employers must immediately report a workplace death to the Cal-OSHA (California Occupational Safety and Health Administration). (Labor Code §§ 6409.1 and 6409.2.) Proposed Law: This bill would raise the penalty for concealing an accidental death from a misdemeanor to an alternate felony-misdemeanor, SB 1088 (Nguyen) Page 2 of ? punishable by imprisonment pursuant to PC § 1170(h), or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. Prior Legislation: SB 139 (Johnson) Chapter 396/1999 established that a person who conceals an accidental death, as defined, is guilty of a misdemeanor. Staff Comments: By raising the penalty for the crime of concealing an accidental death, the provisions of this bill could result in additional costs to the state and local agencies, including additional costs to the courts, for prosecutions and convictions that otherwise would have been time-barred under existing law for concealing an accidental offense as a misdemeanor offense. The number of additional commitments to state prison cannot be estimated with certainty given the numerous factors involved in charging and sentencing, including but not limited to judicial and prosecutorial discretion, the prior criminal history of the defendant, and the elements specific to each case. To the extent the concealment of a death could potentially be added as an additional charge in a homicide prosecution, even in the absence of sufficient evidence to prove the murder or manslaughter, the defendant could still potentially be convicted of concealing an accidental death. Additionally, as noted in the Public Safety Committee analysis of this measure, "Further, proof that a murder defendant concealed the body of the decedent would certainly be used as important and powerful evidence of consciousness of guilt. In any case in which the defendant fled the scene of a crime, intimidated witnesses or hid evidence, the court would instruct the jury that the defendant's conduct could be considered in determining his or her guilt." (PC § 1127c.) By raising the penalty for this offense to an alternate felony-misdemeanor, the practical effect is the statute of limitations to prosecute this crime is extended from one year to three years, which could result in more prosecutions than SB 1088 (Nguyen) Page 3 of ? otherwise would have been allowable under existing law. Staff notes that concealing an accidental death is a crime under existing law. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. Although Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the state. To the extent increasing the penalty for concealing an accidental death is determined to change the penalty for the existing crime, any increase in costs to local agencies attributable to provisions of this legislation could potentially require annual funding from the State.