BILL NUMBER: AB 579	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2013
	AMENDED IN ASSEMBLY  MARCH 14, 2013

INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 20, 2013

   An act to add Section 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  prior to the victim's 28th
birthday, or within the period and under the circumstances specified
under other provisions of law, if applicable, whichever occurs later,
 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.  The bill would also define the term "victim" for
purposes of these 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  prior to the victim'
s 28th birthday, or within the period and under the circumstances
described in subdivision (f) or (g) of Section 803, if applicable,
whichever occurs later  .
   (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  of
 , 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. 
   (c) As used in this section, "victim" means the victim of any
violation of Section 261, 286, 288, 288.5, 288a, or 289 in which he
or she was a minor at the time of the offense and the offense
involved substantial sexual conduct, as described in Section
1203.066, excluding mutual masturbation.