California Legislature—2013–14 Regular Session

Assembly BillNo. 184

Introduced by Assembly Member Gatto

(Coauthors: Assembly Members Muratsuchi, Nestande, Quirk-Silva, Rendon, and Wilk)

(Coauthors: Senators Berryhill, Cannella, and Price)

January 28, 2013

An act to amend Section 803 of the Penal Code, relating to statute of limitations.


AB 184, as introduced, Gatto. Statute of limitations.

Existing law makes it a crime for the driver of a vehicle involved in an accident resulting in injury to a person other than himself or herself, or in the death of a person, to leave the scene of the accident. Existing law makes it a crime to drive a vehicle, with or without gross negligence, in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act that might produce death in an unlawful manner.

Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense.

This bill would provide that, notwithstanding any other limitation of time specified, if a person flees the scene of an accident that has caused permanent, serious injury or flees the scene of an accident and is charged with specified types of vehicular manslaughter, charges may be brought either one or 3 years after the completion of the offense, as specified, or one year after the person is initially identified as a suspect in the commission of the offense, whichever is later.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Section 803 of the Penal Code is amended to



(a) Except as provided in this section, a limitation of time
4prescribed in this chapter is not tolled or extended for any reason.

5(b) No time during which prosecution of the same person for
6the same conduct is pending in a court of this state is a part of a
7limitation of time prescribed in this chapter.

8(c) A limitation of time prescribed in this chapter does not
9commence to run until the discovery of an offense described in
10this subdivision. This subdivision applies to an offense punishable
11by imprisonment in the state prison or imprisonment pursuant to
12subdivision (h) of Section 1170, a material element of which is
13fraud or breach of a fiduciary obligation, the commission of the
14crimes of theft or embezzlement upon an elder or dependent adult,
15or the basis of which is misconduct in office by a public officer,
16employee, or appointee, including, but not limited to, the following

18(1) Grand theft of any type, forgery, falsification of public
19records, or acceptance of a bribe by a public official or a public

21(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

22(3) A violation of Section 25540, of any type, or Section 25541
23of the Corporations Code.

24(4) A violation of Section 1090 or 27443 of the Government

26(5) Felony welfare fraud or Medi-Cal fraud in violation of
27Section 11483 or 14107 of the Welfare and Institutions Code.

28(6) Felony insurance fraud in violation of Section 548 or 550
29of this code or former Section 1871.1, or Section 1871.4, of the
30Insurance Code.

31(7) A violation of Section 580, 581, 582, 583, or 584 of the
32Business and Professions Code.

P3    1(8) A violation of Section 22430 of the Business and Professions

3(9) A violation of Section 10690 of the Health and Safety Code.

4(10) A violation of Section 529a.

5(11) A violation of subdivision (d) or (e) of Section 368.

6(d) If the defendant is out of the state when or after the offense
7is committed, the prosecution may be commenced as provided in
8Section 804 within the limitations of time prescribed by this
9chapter, and no time up to a maximum of three years during which
10the defendant is not within the state shall be a part of those

12(e) A limitation of time prescribed in this chapter does not
13commence to run until the offense has been discovered, or could
14have reasonably been discovered, with regard to offenses under
15Division 7 (commencing with Section 13000) of the Water Code,
16under Chapter 6.5 (commencing with Section 25100) of, Chapter
176.7 (commencing with Section 25280) of, or Chapter 6.8
18(commencing with Section 25300) of, Division 20 of, or Part 4
19(commencing with Section 41500) of Division 26 of, the Health
20and Safety Code, or under Section 386, or offenses under Chapter
215 (commencing with Section 2000) of Division 2 of, Chapter 9
22(commencing with Section 4000) of Division 2 of, Section 6126
23of, Chapter 10 (commencing with Section 7301) of Division 3 of,
24or Chapter 19.5 (commencing with Section 22440) of Division 8
25of, the Business and Professions Code.

26(f) (1) Notwithstanding any other limitation of time described
27in this chapter, a criminal complaint may be filed within one year
28of the date of a report to a California law enforcement agency by
29a person of any age alleging that he or she, while under the age of
3018 years, was the victim of a crime described in Section 261, 286,
31288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter
32293 of the Statutes of 1991 relating to penetration by an unknown

34(2) This subdivision applies only if all of the following occur:

35(A) The limitation period specified in Section 800, 801, or 801.1,
36whichever is later, has expired.

37(B) The crime involved substantial sexual conduct, as described
38in subdivision (b) of Section 1203.066, excluding masturbation
39that is not mutual.

P4    1(C) There is independent evidence that corroborates the victim’s
2allegation. If the victim was 21 years of age or older at the time
3of the report, the independent evidence shall clearly and
4convincingly corroborate the victim’s allegation.

5(3) No evidence may be used to corroborate the victim’s
6allegation that otherwise would be inadmissible during trial.
7Independent evidence does not include the opinions of mental
8health professionals.

9(4) (A) In a criminal investigation involving any of the crimes
10listed in paragraph (1) committed against a child, when the
11applicable limitations period has not expired, that period shall be
12tolled from the time a party initiates litigation challenging a grand
13jury subpoena until the end of the litigation, including any
14associated writ or appellate proceeding, or until the final disclosure
15of evidence to the investigating or prosecuting agency, if that
16disclosure is ordered pursuant to the subpoena after the litigation.

17(B) Nothing in this subdivision affects the definition or
18applicability of any evidentiary privilege.

19(C) This subdivision shall not apply where a court finds that the
20grand jury subpoena was issued or caused to be issued in bad faith.

21(g) (1) Notwithstanding any other limitation of time described
22in this chapter, a criminal complaint may be filed within one year
23of the date on which the identity of the suspect is conclusively
24established by DNA testing, if both of the following conditions
25are met:

26(A) The crime is one that is described in subdivision (c) of
27Section 290.

28(B) The offense was committed prior to January 1, 2001, and
29biological evidence collected in connection with the offense is
30analyzed for DNA type no later than January 1, 2004, or the offense
31was committed on or after January 1, 2001, and biological evidence
32collected in connection with the offense is analyzed for DNA type
33no later than two years from the date of the offense.

34(2) For purposes of this section, “DNA” means deoxyribonucleic

36(h) For any crime, the proof of which depends substantially
37upon evidence that was seized under a warrant, but which is
38unavailable to the prosecuting authority under the procedures
39described in People v. Superior Court (Laff) (2001) 25 Cal.4th
40703, People v. Superior Court (Bauman & Rose) (1995) 37
P5    1Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
2claims of evidentiary privilege or attorney work product, the
3limitation of time prescribed in this chapter shall be tolled from
4the time of the seizure until final disclosure of the evidence to the
5prosecuting authority. Nothing in this section otherwise affects
6the definition or applicability of any evidentiary privilege or
7attorney work product.

8(i) Notwithstanding any other limitation of time described in
9this chapter, a criminal complaint may be filed within one year of
10the date on which a hidden recording is discovered related to a
11violation of paragraph (2) or (3) of subdivision (j) of Section 647.

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12(j) Notwithstanding any other limitation of time described in
13this chapter, if a person flees the scene of an accident that caused
14permanent, serious injury, as defined in subdivision (d) of Section
1520001 of the Vehicle Code, a criminal complaint brought pursuant
16to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle
17Code may be filed within the applicable time period described in
18Section 801 or 802 or one year after the person is initially
19identified by law enforcement as a suspect in the commission of
20the offense, whichever is later.

end insert
begin insert

21(k) Notwithstanding any other limitation of time described in
22this chapter, if a person flees the scene of an accident, a criminal
23complaint brought pursuant to paragraph (1) or (2) of subdivision
24(c) of Section 192 may be filed within the applicable time period
25described in Section 801 or 802 or one year after the person is
26initially identified by law enforcement as a suspect in the
27commission of the offense, whichever is later.

end insert