Bill Text: CA AB835 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vehicular manslaughter: statute of limitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-28 - Chaptered by Secretary of State - Chapter 338, Statutes of 2015. [AB835 Detail]
Download: California-2015-AB835-Chaptered.html
BILL NUMBER: AB 835 CHAPTERED
BILL TEXT
CHAPTER 338
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2015
APPROVED BY GOVERNOR SEPTEMBER 28, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gipson
FEBRUARY 26, 2015
An act to amend Section 803 of the Penal Code, relating to
vehicular manslaughter.
LEGISLATIVE COUNSEL'S DIGEST
AB 835, Gipson. Vehicular manslaughter: statute of limitation.
Existing law defines the crime of vehicular manslaughter as the
unlawful killing of a human being without malice while driving a
vehicle under specified circumstances, including the commission of an
unlawful act, not amounting to a felony, with or without gross
negligence. Existing law provides that vehicular manslaughter is
punishable as a misdemeanor or felony.
Existing law provides various time limits within which crimes may
be prosecuted, except as specified. Existing law authorizes, if a
person flees the scene of an accident that caused death or permanent,
serious injury, a criminal complaint brought pursuant to specified
provisions to be filed within one or 3 years after the completion of
the offense, as specified, or one year after the person is initially
identified by law enforcement as a suspect in the commission of the
offense, whichever is later, but in no case later than 6 years after
the commission of the offense.
This bill would additionally authorize, if a person flees the
scene of an accident, a criminal complaint brought for a violation of
specified vehicular manslaughter crimes to be filed either one or 3
years after the commission of the offense, as specified, or one year
after the person is initially identified by law enforcement as a
suspect in the commission of that offense, whichever is later, but in
no case later than 6 years after the commission of the offense.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 803 of the Penal Code is amended to read:
803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison or imprisonment pursuant to
subdivision (h) of Section 1170, a material element of which is fraud
or breach of a fiduciary obligation, the commission of the crimes of
theft or embezzlement upon an elder or dependent adult, or the basis
of which is misconduct in office by a public officer, employee, or
appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of, or asking, receiving, or agreeing to
receive, a bribe, by a public official or a public employee,
including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under 18 years of
age, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of
the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
(C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
(3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
(4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
(B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
(A) The crime is one that is described in subdivision (c) of
Section 290.
(B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
(2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.
(i) Notwithstanding any other limitation of time described in this
chapter, a criminal complaint may be filed within one year of the
date on which a hidden recording is discovered related to a violation
of paragraph (2) or (3) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident that caused
death or permanent, serious injury, as defined in subdivision (d) of
Section 20001 of the Vehicle Code, a criminal complaint brought
pursuant to paragraph (2) of subdivision (b) of Section 20001 of the
Vehicle Code may be filed within the applicable time period described
in Section 801 or 802 or one year after the person is initially
identified by law enforcement as a suspect in the commission of the
offense, whichever is later, but in no case later than six years
after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident, a criminal
complaint brought pursuant to paragraph (1) or (2) of subdivision (c)
of Section 192 may be filed within the applicable time period
described in Section 801 or 802, or one year after the person is
initially identified by law enforcement as a suspect in the
commission of that offense, whichever is later, but in no case later
than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense involving the
offering or giving of a bribe to a public official or public
employee, including, but not limited to, a violation of Section 67,
67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education
Code.
