BILL NUMBER: AB 2499 CHAPTERED 09/24/02 CHAPTER 828 FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2002 APPROVED BY GOVERNOR SEPTEMBER 23, 2002 PASSED THE ASSEMBLY AUGUST 21, 2002 PASSED THE SENATE AUGUST 19, 2002 AMENDED IN SENATE AUGUST 13, 2002 AMENDED IN SENATE JUNE 27, 2002 AMENDED IN ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 INTRODUCED BY Assembly Members Frommer and Matthews FEBRUARY 21, 2002 An act to amend Section 1108 of the Evidence Code, and to amend Section 802 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGEST AB 2499, Frommer. Criminal procedure. Existing law provides that, except as specified, evidence of a person's character is inadmissible when offered to prove his or her conduct on a specified occasion. Existing law creates exceptions to that rule, including that in a criminal action in which the defendant is accused of a sexual offense, as defined, evidence of the defendant's commission of another sexual offense or offenses is not inadmissible under that rule, except as specified. Existing law provides that the prosecution shall disclose this evidence of other sexual conduct to the defendant at least 30 days before the scheduled date of trial or at such later time as the court may allow for good cause. This bill would instead require the prosecutor to supply the evidence in compliance with the provisions of law in the Penal Code governing discovery generally. These provide for disclosure 30 days in advance of trial unless there is good cause shown that disclosure should be denied, restricted, or deferred, and for immediate disclosure of any evidence which comes into the possession of the prosecutor less than 30 days before trial absent a similar showing. This bill would expand the definition of "sexual offense" for the purposes of the aforementioned exception to the rule against the admission of character evidence to include those violations of the law proscribing assault with the intent to commit a specified felony that requires sexual intent. Under existing law, annoying or molesting a child under 18 years of age is a misdemeanor, in the absence of specified additional factors. Under existing law, prosecution for a misdemeanor violation of this offense must be brought within a year after the commission of the offense, unless it is committed with or upon a minor under 14 years of age, in which case prosecution must be commenced within 2 years. This bill would require prosecution for a misdemeanor violation of the offense committed with or upon a minor under 14 years of age to instead be commenced within 3 years of the commission of the offense. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1108 of the Evidence Code is amended to read: 1108. (a) In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352. (b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered in compliance with the provisions of Section 1054.7 of the Penal Code. (c) This section shall not be construed to limit the admission or consideration of evidence under any other section of this code. (d) As used in this section, the following definitions shall apply: (1) "Sexual offense" means a crime under the law of a state or of the United States that involved any of the following: (A) Any conduct proscribed by Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or 289, or subdivision (b), (c), or (d) of Section 311.2 or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code. (B) Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem. (C) Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person. (D) Contact, without consent, between the genitals or anus of the defendant and any part of another person's body. (E) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person. (F) An attempt or conspiracy to engage in conduct described in this paragraph. (2) "Consent" shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not include consent which is legally ineffective because of the age, mental disorder, or developmental or physical disability of the victim. SEC. 2. Section 802 of the Penal Code is amended to read: 802. (a) Except as provided in subdivision (b), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under the age of 14 years shall be commenced within three years after commission of the offense. (c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense.