AB 1505, as amended, Roger Hernández. Statute of limitations: public contracts.
Existing law makes it a misdemeanor to split or separate into smaller work orders or projects any public work project for the purpose of evading the requirement that public work be done by contract after competitive bidding.
Existing law requires that the prosecution of a misdemeanor, unless otherwise provided by law, commence within one year of the commission of the offense.
This bill would require that prosecution for a misdemeanor resulting frombegin delete a cityend delete evading provisions requiring public work projects to be done by contract after competitive bidding, as prescribed, be commenced within 3 years of the commission of the offense.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 802 of the Penal Code is amended to
2read:
(a) Except as provided in subdivision (b), (c), (d), or (e),
4prosecution for an offense not punishable by death or imprisonment
5in the state prison or pursuant to subdivision (h) of Section 1170
6shall be commenced within one year after commission of the
7offense.
8(b) Prosecution for a misdemeanor violation of Section 647.6
9or former Section 647a committed with or upon a minor under the
10age of 14 years shall be commenced within three years after
11commission of the offense.
12(c) Prosecution of a misdemeanor violation of Section 729 of
13the Business and Professions Code shall be commenced within
14two years after commission of the
offense.
15(d) Prosecution of a misdemeanor violation of Chapter 9
16(commencing with Section 7000) of Division 3 of the Business
17and Professions Code shall be commenced as follows:
18(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the
19Business and Professions Code, within one year of the commission
20of the offense.
21(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4,
227118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee
23only), 7159.14 (licensee only), 7161, and 7189 of the Business
24and Professions Code, within two years of the commission of the
25offense.
26(3) With respect to Sections 7027.3 and 7028.16 of the Business
27and
Professions Code, within three years of the commission of the
28offense.
29(4) With respect to Sections 7028, 7159.5 (nonlicensee only),
30and 7159.14 (nonlicensee only) of the Business and Professions
31Code, within four years of the commission of the offense.
32(e) Prosecution for a misdemeanor violation of Section 6126,
3310085.6, 10139, or 10147.6 of the Business and Professions Code
34or Section 2944.6 or 2944.7 of the Civil Code shall be commenced
35within three years after discovery of the commission of the offense,
36or within three years after completion of the offense, whichever
37is later.
P3 1(f) Prosecution for a violation of Sectionbegin delete 20163end deletebegin insert
20116, 20123.5,
220150.11,end insertbegin insert 20163, 20657, 20922, or 22033end insert of the Public Contract
3Code shall commence within three years of the commission of the
4offense.
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