BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 950|
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                                    THIRD READING


          Bill No:  SB 950
          Author:   Torres (D)
          Amended:  3/20/14
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/1/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De León

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Bribery:  statute of limitations:  tolling

           SOURCE  :     Author


           DIGEST  :    This bill tolls, until the discovery of the offense,  
          the statute of limitations for offering a bribe to a public  
          official or for asking, receiving, or agreeing to receive a  
          bribe by a public official. 

           ANALYSIS  :    

          Existing law:

          1.Provides that every person who gives or offers any bribe to  
            any executive officer in this state, with intent to influence  
            him in respect to any act, decision, vote, opinion, or other  
            proceeding as such officer, is punishable by imprisonment in  
            the state prison for two, three or four years, and is  
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            disqualified from holding any office in this state.

          2.Provides that every person who gives or offers as a bribe to  
            any ministerial officer, employee, or appointee of the State  
            of California, county or city therein, or political  
            subdivision thereof, any thing the theft of which would be  
            petty theft is guilty of a misdemeanor.  If the theft of the  
            thing given or offered would be grand theft, the offense is a  
            felony.

          3.Provides that every person who gives or offers to give a bribe  
            to any member of the Legislature, any member of the  
            legislative body of a city, county, city and county, school  
            district, or other special district, or to another person for  
            the member or attempts by menace, deceit, suppression of  
            truth, or any corrupt means, to influence a member in giving  
            or withholding his/her vote, or in not attending the house or  
            any committee of which he/she is a member is guilty of a  
            felony.  

          4.Provides that every person who gives or offers to give a bribe  
            to any judicial officer, juror, referee, arbitrator, or  
            umpire, or to any person who may be authorized by law to hear  
            or determine any question of controversy, with intent to  
            influence his vote, opinion, or decision upon any matter or  
            question which is or maybe brought before him for decision, is  
            a felony. 

          5.Provides that prosecution for an offense punishable by death  
            or life without the possibility of parole, or for embezzling  
            public money, may be commenced at any time.

          6.Provides that offering of any valuable thing to any member of  
            the governing board of any school district, with the intent to  
            influence his action in regard to the granting of any  
            teacher's certificate, the appointment of any teacher,  
            superintendent, or other officer or employee, the adoption of  
            any textbook, or the making of any contract to which the board  
            of which he is a member is a party, or the acceptance by any  
            member of the governing board of any valuable thing, with  
            corrupt intent, is a misdemeanor. 

          7.Provides that the offering of any valuable thing to any member  
            of the governing board of any community college district, with  

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            the intent to influence his/her action in regard to the  
            granting of any instructor's certificate, the appointment of  
            any instructor, superintendent, or other officer or employee,  
            the adoption of any textbook, or the making of any contract to  
            which the board of which he/she is a member is a party, or the  
            acceptance by any member of the governing board of any  
            valuable thing, with corrupt intent, is a misdemeanor.   
            Provides that for specified offenses the statute of  
            limitations does not commence to run until the discovery of  
            the offense.  These offenses include:  grand theft; forgery;  
            perjury; filing false reports; money laundering; conflict of  
            interest; fraud against an elder; insurance fraud; medical  
            fraud; and acceptance of a bribe by a public official or a  
            public employee.
           
          This bill:

          1.Tolls the limitation until discovery of an action for a crime  
            of asking, receiving, or agreeing to receive a bribe by a  
            public official or a public employee.

          2.Tolls the statute of limitations until the discovery of an  
            offense of giving or offering a bribe to a public official or  
            a public employee.

           Comments
           
          According to the author, "Senate Bill 950 tolls the statute of  
          limitations for giving or offering a bribe to a public official  
          or public employee.  California's bribery laws are in need of  
          updating.  As local governments struggle to stay out of the red  
          during challenging economic times and avoid bankruptcy,  
          California residents are entitled to equip prosecutors with all  
          necessary charging tools to prevent, pursue and prosecute the  
          theft of public funds or bribery of public officials.  Current  
          law establishes statute of limitations for commencing criminal  
          actions for certain crimes, including the acceptance of a bribe  
          by a public official or public employee."

           Related Legislation
           
          SB 951 (Torres) provides that prosecution for conspiracy shall  
          be commenced within the time required for the commencement of  
          prosecution for the underlying crime. 

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          SB 952 (Torres) prohibits an individual from aiding or abetting  
          a public officer or person in violating existing governmental  
          conflict of interest codes and extends existing penalties to  
          also apply to the individual who willfully aids or abets, as  
          specified.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

          According to the Senate Appropriations Committee:

           Future state costs potentially in excess of $150,000 (General  
            Fund) for new commitments to state prison that otherwise would  
            not have occurred in the absence of the tolling and extension  
            of the statute of limitations for specified offenses.

           Potential increase in state court costs in excess of $100,000  
            (General Fund*) to the extent the tolling and extension of the  
            statute of limitations for prosecution of specified offenses  
            results in additional criminal actions. 

          *Trial Court Trust Fund

           SUPPORT  :   (Verified  5/23/14)

          California District Attorneys Association


          JG:nk  5/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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