California Senate Bill SB1088 Amended / Bill

 BILL NUMBER: SB 1088AMENDED BILL TEXT AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senators Nguyen and Bates (  Coauthor:   Senator   Nielsen   Coauthors:  Senators   Fuller,   Galgiani,   and Nielsen  ) (  Coauthor:   Assembly Member   Brough   Coauthors:   Assembly Members   Brough   and Wagner  ) FEBRUARY 17, 2016 An act to amend Section 152 of the Penal Code, relating to wrongful concealment. LEGISLATIVE COUNSEL'S DIGEST SB 1088, as amended, Nguyen. Wrongful concealment: accidental death. Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment. This bill would make that offense a misdemeanor or a felony, and if a felony, punishable by  imprisonment,   imprisonment in a county jail,  as specified, or the fine described above, or by both that fine and imprisonment. By creating a new felony, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 152 of the Penal Code is amended to read: 152. (a) (1) A person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, is guilty of a misdemeanor or a felony punishable as follows: (2) If a misdemeanor, by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (3) If a felony, by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) For purposes of this section,  "to actively conceal an accidental death" means   a person who "actively conceals" an accidental death means a person who does  any of the following: (1)  To perform   Performs  an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body. (2)  To directly destroy or suppress   Directly destroys or suppresses  evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues. (3)  To destroy or suppress   Destroys or suppresses  the actual physical instrumentality of death. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.