BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1088


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          Date of Hearing:  June 28, 2016


          Counsel:               Sandy Uribe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1088 (Nguyen) - As Amended March 28, 2016





          SUMMARY:  Increases the penalty for concealing an accidental  
          death from a misdemeanor to an alternate felony-misdemeanor.   
          Specifically, this bill:



          1)States that if the crime of concealing an accidental death is  
            punished as a misdemeanor, then it is punishable by  
            imprisonment in a county jail for not more than one year, or  
            by a fine of at least $1,000 and up to $10,000, or by both.









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          2)States that if the crime of concealing an accidental death is  
            punished as a felony, then the punishment is imprisonment  
            pursuant to subdivision (h) of Section 1170, or by a fine of  
            at least $1,000 and up to $10,000, or by both.





          EXISTING LAW:  



          1)Makes it a misdemeanor, punishable by a jail term of up to one  
            year, or a fine of between $1,000 and $10,000, or both, to  
            actively conceal an accidental death, or attempt to do so.   
            (Pen. Code, § 152, subd. (a).)

          2)States that to conceal an accidental death means to do one of  
            the following:



             a)   Perform an overt act that conceals the body or directly  
               impedes the ability of authorities or family members to  
               discover the body;

             b)   Directly destroy or suppress evidence of the actual  
               physical body of the deceased, including, but not limited  
               to, bodily fluids or tissues; or,



             c)   Destroy or suppress the actual physical instrumentality  
               of death.  (Pen. Code, § 152, subd. (b).)



          3)Provides that any person who, after the commission of a  








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            felony, harbors, conceals, or aides the perpetrator in such a  
            felony, with the intent to help the perpetrator escape arrest  
            or prosecution is an accessory to the felony.  (Pen. Code, §  
            32.)

          4)Punishes an accessory as alternate felony-misdemeanor, or by a  
            fine of up to $5,000, or both fine and imprisonment.  (Pen.  
            Code, § 33.)



          5)States that, except in a case where a different punishment is  
            prescribed, a person who, having knowledge of the commission  
            of a crime, takes money or anything of value, or promise  
            thereof, in exchange for concealing that crime, or abstaining  
            from prosecution, or for withholding any evidence, is  
            punishable as follows:



             a)   If the crime was punishable by death or imprisonment in  
               the state prison for life; by imprisonment in a county jail  
               not exceeding one year, or pursuant to subdivision (h) of  
               Section 1170;

             b)   If the crime was punishable by imprisonment in the state  
               prison for any other term than life; by imprisonment in a  
               county jail not exceeding six months, or pursuant to  
               subdivision (h) of Section 1170; and,



             c)   If the crime was a misdemeanor, by imprisonment in a  
               county jail not exceeding six months, or by fine of up to  
               $1,000.  (Pen. Code, § 153.)



          6)States that the punishment for a felony which is not otherwise  








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            proscribed in a different statute, a felony is punishable by  
            16 months, or 2 or 3 years in state prison, unless the offense  
            is punishable in county jail under realignment.  (Pen. Code, §  
            18, subd. (a).)



          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 1088 would  
            provide an appropriate avenue to address the current  
            sentencing structure by increasing the consequences for anyone  
            who moves a body after an accidental death.  If this bill is  
            not passed, families of the victims of body dumping will  
            remain negatively impacted by the law.  Therefore a pathway to  
            allow judges discretion in the classification of a crime, as a  
            misdemeanor or a felony, is essential to resolving the issue  
            of body dumping.  By increasing the crime to a felony, the  
            statute of limitations would extend from one to three years.  
            This would provide more time for authorities to hold those  
            responsible for body concealment."

          2)Impetus for this Bill:  Erica Alonso, a Laguna Hills resident,  
            was the inspiration for this bill.  Ms. Alonso went missing in  
            February of this year, and her body was found about two months  
            later in a remote spot in Cleveland National Forest.  An  
            autopsy concluded Ms. Alonso died of an overdose, consisting  
            of a combination of a lethal dose of alcohol and drugs.  Ms.  
            Alonso's car was found far from the scene, in a neighborhood  
            of Aliso Viejo.  As a result, it has been suggested that  
            someone moved her body.   








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            (  http://www.ocweekly.com/news/erica-alonso-saga-inspires-body-d 
            umping-bill-by-state-sen-janet-nguyen-6992400#  )

          The person who may have moved the body has not been identified.   
            However, assuming the body was moved, the existing penalty for  
            such an act is up to one year in jail and a potential fine of  
            up to $10,000.  The background provided by the author notes  
            that the community is frustrated that any person who might  
            have concealed the body faces only misdemeanor punishment.

          Notably, Penal Code section 152 does not apply to a person who  
            caused the death.  Penal Code section 152 also does not apply  
            to a person who is an accessory after the commission of a  
            crime.  SB 139 (Johnson), Chapter 396, Statutes of 1999, which  
            created the crime of concealing an accidental death, also  
            initially sought to punish the offense as an alternate  
            felony-misdemeanor.  However at that time, the Legislature  
            deemed that misdemeanor punishment was more appropriate.   
            Should the punishment for this crime now be increased based on  
            a single incident of which all the facts are not yet  
            established?  

          3)Jail Overcrowding:  According to a December 2014 report by the  
            Stanford Criminal Justice Center at Stanford Law School titled  
            Court Ordered Population Caps in California Jails,  
            California's county jails are facing increasing adult daily  
            populations.  Many counties are facing capacity constraints on  
            their population.  The report notes:



               "Currently, 19 of the 58 California county jail  
               systems (33%) are operating under a court-ordered  
               population cap (see Figure 2).  Court-ordered  
               population caps are typically issued at a facility  
               level rather than a county level (as many counties  
               operate several jail facilities) and a significant  
               share of California jail facilities currently have a  
               population cap. According to the Board of State and  








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               Community Corrections (BSCC) Jail Profile Survey data,  
               as of March 2014 of the 119 county jail facilities, 39  
               facilities (33%) were operating under a court-ordered  
               population cap. Most notably, as of the beginning of  
               2014, nearly two-thirds (65%) of jail inmates in  
               California are in custody in counties with a  
               population cap.  And because these court orders have  
               been in place for decades, the share of inmates in  
               counties with population orders has been relatively  
               stable since the data started being collected. Given  
               that several of the largest counties are under court  
               orders, including Los Angeles, Riverside, San  
               Bernardino, and San Diego, it is not surprising that  
               such a large share of California's jail inmates are in  
               custody in cap counties.  These increased pressures on  
               California jails have occurred in a relatively short  
               period of time and counties have been forced to make  
               difficult decisions about how to manage their growing  
               jail populations." (Court-Ordered Population Caps in  
               California County Jails, p. 6.   
               (< http://law.stanford.edu/wp-content/uploads/sites/defa 
               ult/files/child-page/183091/doc/slspublic/Jail%20popn%2 
               0caps%201.15.15.pdf  >)



            Given the concerns about jail overcrowding in many counties,  
            should the punishment for concealing an accidental death be  
            increased to allow for up to three years in jail?
            
          4)Argument in Support:  According to the Los Angeles County  
            Sheriff's Department, "Current law makes it a misdemeanor for  
            a person who has knowledge of an accidental death to actively  
            conceal or attempt to conceal that death by concealing the  
            body.  While in most instances the penalty is appropriate,  
            there are some cases where significant malfeasance has taken  
            place.

          "Not only does the act of concealing or moving a body create  








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            significant challenges for law enforcement when investigating  
            an accidental death, the act also prevents the family members  
            of the deceased from receiving the closure needed when losing  
            a loved one.

          "This bill appropriately provides prosecutors with the  
            discretion to raise the penalty from a misdemeanor to a  
            penalty when necessary."

          5)Argument in Opposition:  According to the California Public  
            Defenders Association, "SB 1088 seeks to increase the  
            punishment for a violation of Penal Code § 152 (concealing  
            accidental death) from a misdemeanor to a felony. Currently, §  
            152 is punishable as a misdemeanor and by a year in jail.  SB  
            1088 seeks to permit the offense to be charged as a felony and  
            to triple the punishment (up to three years in jail). It is  
            important to note that § 152 only deals with accidental deaths  
            - deaths that are the result of criminal conduct are not  
            affected by this statute.  Consequently, SB 1088 does not  
            address a statute which arguably contributes to public safety  
            - instead SB 1088 merely promises to add to the list of  
            non-violent Californian's convicted of felonies and to  
            contribute to our incarceration crisis, all without adding  
            anything of real benefit. Because SB 1088 fails to contribute  
            to public safety, drastically increases jail sentences for  
            non-violent conduct and increases the rolls of non-violent  
            Californians whose lives will be ruined by felony convictions,  
            this bill is out of step with meaningful criminal justice  
            reform."

          6)Prior Legislation:

             a)   AB 1432 (Mitchell), Chapter 805, Statutes of 2012,  
               requires a parent or guardian to report to law enforcement  
               the death or disappearance of a child, and punishes a  
               violation as a misdemeanor, or by a fine of up to $1,000,  
               or both.

             b)   SB 139 (Johnson) Chapter 396, Statutes of 1999, provides  








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               that a person who actively conceals an accidental death, as  
               defined, is guilty of a misdemeanor.

             c)   SB 140 (Johnson) of the 1999-2000 Legislative session,  
               would have created criminal penalties for failing to report  
               an accidental death.  SB 140 failed passage in the Senate  
               Committee on Public Safety.



          REGISTERED SUPPORT / OPPOSITION:





          Support


          Anaheim Police Department


          California State Sheriffs' Association
          Los Angeles County Sheriff's Department
          Orange County District Attorney's Office
          Orange County Sheriff's Department
          Santa Ana Police Department



          Opposition


          


          American Civil Liberties Union of California










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          California Public Defenders Association
          Legal Services for Prisoners with Children



          Analysis Prepared by:Sandy Uribe / PUB. S. / (916)  
          319-3744