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


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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


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          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