BILL ANALYSIS Ó
SB 1088
Page 1
SENATE THIRD READING
SB
1088 (Nguyen and Bates)
As Amended June 30, 2016
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |6-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
| | | | |
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SUMMARY: Extends the statute of limitations for the concealment
of an accidental death to one year from the identification of
the perpetrator. Specifically, this bill states that,
notwithstanding any other statutes of limitations, if a person
actively conceals or attempts to conceal an accidental death, 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 that offense.
SB 1088
Page 2
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.
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.
3)Provides that prosecution for felonies punishable for eight
years or more and not otherwise covered must be commenced
within six years after commission of the offense.
4)Provides that prosecution for felonies punishable by less than
eight years must be commenced within three years after
commission of the offense.
5)Provides that prosecution for misdemeanors shall be commenced
within one year after commission of the offense.
6)Provides exceptions for the one-year statute of limitations
for specified misdemeanors.
FISCAL EFFECT: None. This bill has been keyed non-fiscal by
the Legislative Counsel.
SB 1088
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COMMENTS: According to the author, "SB 1088 would extend the
statute of limitations in cases of accidental body concealment
to one year from the time a suspect is initially identified by
law enforcement. This extension provides additional time for
authorities to hold those responsible in accidental body
concealment cases. Families of the victims of body dumping
deserve to have closure in these rare cases."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0003712