BILL NUMBER: SB 337 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2003
AMENDED IN SENATE APRIL 3, 2003
INTRODUCED BY Senator Romero
(Coauthor: Assembly Member Vargas)
FEBRUARY 19, 2003
An act to amend Section 803 of the Penal Code, relating to
limitations of time.
LEGISLATIVE COUNSEL'S DIGEST
SB 337, as amended, Romero. Limitations of time.
Under existing law, there are various specified limitations of
time after which a criminal complaint or indictment may not be filed
against a defendant. Existing statutes permit those limitations of
time to be extended or waived for various specified reasons. In
particular, for specified crimes and categories of crime, certain
provisions delay the commencement of the time permitted for filing
until the offense has been discovered, or could reasonably have been
discovered.
This bill would add violations of provisions relating to unlawful
practice of law to those for which the commencement of the applicable
limitation of time commences only when the offense has been, or
could reasonably have been, discovered.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 803 of the Penal Code is amended to
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, 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 a bribe by a public official or a public
employee.
(2) A violation of Section 72, 118, 118a, 132, or 134.
(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 10690 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 responsible adult or agency by a child
under 18 years of age that the child is a victim of a crime described
in Section 261, 286, 288, 288a, 288.5, 289, or 289.5.
(2) For purposes of this subdivision, a "responsible adult" or
"agency" means a person or agency required to report pursuant to
Section 11166. This subdivision applies only if both of the
following occur:
(A) The limitation period specified in Section 800 or 801 has
expired.
(B) The defendant has committed at least one violation of Section
261, 286, 288, 288a, 288.5, 289, or 289.5 against the same victim
within the limitation period specified for that crime in either
Section 800 or 801.
(3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1990, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
(i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
(ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
(iii) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint
or indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding whether retroactive application of
this section is constitutional, becomes final or the United States
Supreme Court files an opinion deciding the question of whether
retroactive application of this subdivision is constitutional,
whichever occurs first.
(iv) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is or
was filed no later than 180 days after the date on which either a
published opinion of the California Supreme Court, deciding whether
retroactive application of this section is constitutional, becomes
final or the United States Supreme Court files an opinion deciding
the question of whether retroactive application of this subdivision
is constitutional, whichever occurs first.
(B) (i) If the victim made the report required by this subdivision
to a responsible adult or agency after January 1, 1990, and a
complaint or indictment was filed within the time period specified in
this subdivision, but the indictment, complaint, or subsequently
filed information was dismissed, a new complaint or indictment may be
filed notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
(ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
(iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, including any review proceeding, shall not be binding
upon refiling.
(g) (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 the age of 18
years, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, 289, or 289.5.
(2) This subdivision applies only if both of the following occur:
(A) The limitation period specified in Section 800 or 801 has
expired.
(B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual, and there is independent evidence that clearly and
convincingly corroborates the victim's allegation. 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.
(3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1994, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
(i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
(ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
(iii) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding the question of whether
retroactive application of this subdivision is constitutional,
becomes final or the United States Supreme Court files an opinion
deciding the question of whether retroactive application of this
subdivision is constitutional, whichever occurs first.
(iv) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is filed
no later than 180 days after the date on which either a published
opinion of the California Supreme Court, deciding the question of
whether retroactive application of this subdivision is
constitutional, becomes final or the United States Supreme Court
files an opinion deciding the question of whether retroactive
application of this subdivision is constitutional, whichever occurs
first.
(B) (i) If the victim made the report required by this subdivision
to a law enforcement agency after January 1, 1994, and a complaint
or indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, a new complaint or indictment may be filed
notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
(ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
(iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, by any trial court or any intermediate appellate court,
shall not be binding upon refiling.
(h) (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 under 21 years of 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, 289, or 289.5.
(2) This subdivision applies only if both of the following occur:
(A) The limitation period specified in Section 800 or 801 has
expired.
(B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual, and there is independent evidence that corroborates the
victim's allegation. 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.
(3) This subdivision applies to a cause of action arising before,
on, or after January 1, 2002, the effective date of this subdivision,
and it shall revive any cause of action barred by Section 800 or 801
if the complaint or indictment was filed within the time period
specified by this subdivision.
(i) (1) Notwithstanding the limitation of time described in
Section 800, the limitations period for commencing prosecution for a
felony offense described in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 290, where the limitations period set
forth in Section 800 has not expired as of January 1, 2001, or the
offense is committed on or after January 1, 2001, shall be 10 years
from the commission of the offense, or one year from the date on
which the identity of the suspect is conclusively established by DNA
testing, whichever is later, provided, however, that the one-year
period from the establishment of the identity of the suspect shall
only apply when either of the following conditions is met:
(A) For an offense committed prior to January 1, 2001, biological
evidence collected in connection with the offense is analyzed for DNA
type no later than January 1, 2004.
(B) For an offense committed on or after January 1, 2001,
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) In the event the conditions set forth in subparagraph (A) or
(B) of paragraph (1) are not met, the limitations period for
commencing prosecution for a felony offense described in subparagraph
(A) of paragraph (2) of subdivision (a) of Section 290, where the
limitations period set forth in Section 800 has not expired as of
January 1, 2001, or the offense is committed on or after January 1,
2001, shall be 10 years from the commission of the offense.
(3) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(j) 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.
(k) (1) In a criminal investigation involving child sexual abuse
as described in subdivision (g) or (h), when the limitations period
set forth therein has not expired, that period shall be tolled from
the time a party initiates litigation challenging a grand jury
subpoena until the end of that 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.
(2) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(3) This subdivision shall not apply where a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(l) As used in subdivisions (f), (g), and (h), Section 289.5
refers to the statute enacted by Chapter 293 of the Statutes of 1991
relating to penetration by an unknown object.
_____________________________________ All matter omitted in this
version of the bill appears in the bill as amended in the Senate,
April 03, 2003 (JR 11) ____________________________________