BILL NUMBER: AB 579	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 20, 2013

   An act to  amend   add  Section 
288.7 of   801.3 to  the Penal Code, relating to
sex offenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 579, as amended, Melendez. Sex offenses against children. 
   Existing law generally requires that prosecution for a felony be
commenced within 3 years, and if that felony is punishable by
imprisonment for 8 years or more, generally be commenced within 6
years. Existing law provides that a prosecution for a felony offense
for certain sex offenses against a minor may be commenced any time
prior to the victim's 28th birthday or within 10 years after
commission of the offense, as specified.  
   This bill would provide that, except as specified, a prosecution
may be commenced at any time for any violation of specified criminal
offenses, including harboring a principal to a felony, intimidating a
witness and conspiring to obstruct justice, if those offenses relate
to a violation of various sex offenses, including rape and sodomy,
in which the victim was a minor and the violation involved
substantial sexual conduct.  
   Existing law provides that any person who is 18 years of age or
older and who engages in sexual intercourse or sodomy with a child
who is 10 years of age or younger is guilty of a felony and shall be
punished by imprisonment in the state prison for a term of 25 years
to life. Existing law provides that any person who is 18 years of age
or older and who engages in oral copulation or sexual penetration,
as defined, with a child who is 10 years of age or younger is guilty
of a felony and shall be punished by imprisonment in the state prison
for a term of 15 years to life.  
   This bill would technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 801.3 is added to the Penal Code, to
read:
   801.3.  (a) Notwithstanding any other limitation of time
prescribed in this chapter, prosecution for any offense described in
subdivision (b) may be commenced at any time.
   (b) This section applies to the following offenses:
   (1) Any violation of Section 33 by a person described in Section
32, in which the person harbors, conceals, or aids any principal to a
felony violation of Section 261, 286, 288, 288.5, 288a, or 289 in
which the victim was a minor and in which the violation involved
substantial sexual conduct, as described in subdivision (b) of
Section 1203.066, excluding mutual masturbation.
   (2) Any violation of Section 136.1, if the victim or witness was a
victim of, or a witness to, any violation of Section 261, 286, 288,
288.5, 288a, or 289 in which the victim was a minor and in which the
violation involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding mutual masturbation.
   (3) Any violation of Section 139 in which the credible threat is
against the victim of, immediate family member of the victim, or
witness to, any violation of Section 261, 286, 288, 288.5, 288a, or
289 in which the victim was a minor and in which the violation
involved substantial sexual conduct, as described in subdivision (b)
of Section 1203.066, excluding mutual masturbation.
   (4) Any violation of Section 140 in which the force or threat to
use force against a witness or victim involves a witness to, or
victim of, any violation of Section 261, 286, 288, 288.5, 288a, or
289 in which the victim was a minor and in which the violation
involved substantial sexual conduct, as described in subdivision (b)
of Section 1203.066, excluding mutual masturbation.
   (5) Any violation of Section 153 in which the crime compounded or
concealed is any violation of Section 261, 286, 288, 288.5, 288a, or
289 in which the victim was a minor and in which the violation
involved substantial sexual conduct, as described in subdivision (b)
of Section 1203.066, excluding mutual masturbation.
   (6) Any violation of Section 132 in which the book, paper,
document, record, or other instrument in writing forged or
fraudulently altered or antedated relates to evidence of a violation
of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was
a minor and in which the violation involved substantial sexual
conduct, as described in subdivision (b) of Section 1203.066,
excluding mutual masturbation.
   (7) Any conspiracy to obstruct justice, in violation of paragraph
(5) of subdivision (a) of Section 182, in which the conspiracy to
obstruct justice involves obstruction of any investigation or trial
for any violation of Section 261, 286, 288, 288.5, 288a, or 289 in
which the victim was a minor and in which the violation involved
substantial sexual conduct, as described in subdivision (b) of
Section 1203.066, excluding mutual masturbation.  
  SECTION 1.    Section 288.7 of the Penal Code is
amended to read:
   288.7.  (a) Any person who is 18 years of age or older and who
engages in sexual intercourse or sodomy with a child who is 10 years
of age or younger is guilty of a felony and shall be punished by
imprisonment in the state prison for a term of 25 years to life.
   (b) Any person who is 18 years of age or older and who engages in
oral copulation or sexual penetration, as defined in Section 289,
with a child who is 10 years of age or younger is guilty of a felony
and shall be punished by imprisonment in the state prison for a term
of 15 years to life.