California Legislature—2015–16 Regular Session

Assembly BillNo. 1772


Introduced by Assembly Member Beth Gaines

February 3, 2016


An act to amend Sections 647 and 803 of, and to repeal and add Section 647.7 of, the Penal Code, relating to disorderly conduct.

LEGISLATIVE COUNSEL’S DIGEST

AB 1772, as introduced, Beth Gaines. Disorderly conduct.

Existing law establishes the offense of disorderly conduct to include, among other acts, specified invasions of privacy and the act of, while loitering, prowling, or wandering upon the private property of another, at any time, peeking in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. Except as specified, existing law makes those offenses punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment.

This bill would instead provide that, except as specified below, those offenses are punishable by imprisonment in a county jail for not more than 6 months, by a fine of $1,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, by a fine of $2,000, or by both that fine and imprisonment.

Existing law makes a second or subsequent violation of the invasion of privacy provisions described above punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. Existing law authorizes the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense.

This bill would instead provide that, except as specified below, a second or subsequent violation of the invasion of privacy provisions described above is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for 3, 5, or 7 years, by a fine not exceeding $5,000, or by both that fine and imprisonment. The bill would authorize the same punishments if the victim of one of those invasions of privacy was a minor at the time of the offense.

Existing law provides that, except as specified, every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, commits a second or subsequent violation of those provisions, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000, or by both that fine and imprisonment.

This bill would provide that, except as specified below, those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment, or punishable by imprisonment in a county jail for for 3, 5, or 7 years, by a fine not exceeding $5,000, or by both that fine and imprisonment.

Existing law provides that every person who, having been convicted of violating the peeking or invasion of privacy provisions described above, uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person, regardless of whether it is a first, second, or subsequent violation of that specific invasion of privacy provision, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment.

This bill would provide that those violations are punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $5,000, or by both that fine and imprisonment, or punishable by imprisonment n a county jail for 3, 5, or 7 years, by a fine not exceeding $10,000, or by both that fine and imprisonment.

The bill would also make conforming changes.

By increasing the penalties for existing crimes, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

P3    1

SECTION 1.  

Section 647 of the Penal Code is amended to
2read:

3

647.  

begin deleteExcept as provided in subdivision (l), every end deletebegin insertEvery end insertperson
4who commits any of the following acts is guilty of disorderly
5conduct, a misdemeanor:

6(a) Who solicits anyone to engage in or who engages in lewd
7or dissolute conduct in any public place or in any place open to
8the public or exposed to public view.

9(b) Who solicits or who agrees to engage in or who engages in
10any act of prostitution. A person agrees to engage in an act of
11prostitution when, with specific intent to so engage, he or she
12manifests an acceptance of an offer or solicitation to so engage,
13regardless of whether the offer or solicitation was made by a person
14who also possessed the specific intent to engage in prostitution.
15No agreement to engage in an act of prostitution shall constitute
16a violation of this subdivision unless some act, in addition to the
17agreement, is done within this state in furtherance of the
18commission of an act of prostitution by the person agreeing to
19engage in that act. As used in this subdivision, “prostitution”
20includes any lewd act between persons for money or other
21consideration.

22(c) Who accosts other persons in any public place or in any
23place open to the public for the purpose of begging or soliciting
24alms.

P4    1(d) Who loiters in or about any toilet open to the public for the
2purpose of engaging in or soliciting any lewd or lascivious or any
3unlawful act.

4(e) Who lodges in any building, structure, vehicle, or place,
5whether public or private, without the permission of the owner or
6person entitled to the possession or in control of it.

7(f) Who is found in any public place under the influence of
8intoxicating liquor, any drug, controlled substance, toluene, or any
9combination of any intoxicating liquor, drug, controlled substance,
10or toluene, in a condition that he or she is unable to exercise care
11for his or her own safety or the safety of others, or by reason of
12his or her being under the influence of intoxicating liquor, any
13drug, controlled substance, toluene, or any combination of any
14intoxicating liquor, drug, or toluene, interferes with or obstructs
15or prevents the free use of any street, sidewalk, or other public
16way.

17(g) When a person has violated subdivision (f), a peace officer,
18if he or she is reasonably able to do so, shall place the person, or
19cause him or her to be placed, in civil protective custody. The
20person shall be taken to a facility, designated pursuant to Section
215170 of the Welfare and Institutions Code, for the 72-hour
22treatment and evaluation of inebriates. A peace officer may place
23a person in civil protective custody with that kind and degree of
24force which would be lawful were he or she effecting an arrest for
25a misdemeanor without a warrant. A person who has been placed
26in civil protective custody shall not thereafter be subject to any
27criminal prosecution or juvenile court proceeding based on the
28facts giving rise to this placement. This subdivision shall not apply
29to the following persons:

30(1) Any person who is under the influence of any drug, or under
31the combined influence of intoxicating liquor and any drug.

32(2) Any person who a peace officer has probable cause to believe
33has committed any felony, or who has committed any misdemeanor
34in addition to subdivision (f).

35(3) Any person who a peace officer in good faith believes will
36attempt escape or will be unreasonably difficult for medical
37personnel to control.

38(h) Who loiters, prowls, or wanders upon the private property
39of another, at any time, without visible or lawful business with the
40owner or occupant. As used in this subdivision, “loiter” means to
P5    1delay or linger without a lawful purpose for being on the property
2and for the purpose of committing a crime as opportunity may be
3discovered.

begin delete

4(i) Who, while loitering, prowling, or wandering upon the private
5property of another, at any time, peeks in the door or window of
6any inhabited building or structure, without visible or lawful
7business with the owner or occupant.

8(j) (1) Any person who looks through a hole or opening, into,
9or otherwise views, by means of any instrumentality, including,
10but not limited to, a periscope, telescope, binoculars, camera,
11motion picture camera, camcorder, or mobile phone, the interior
12of a bedroom, bathroom, changing room, fitting room, dressing
13room, or tanning booth, or the interior of any other area in which
14the occupant has a reasonable expectation of privacy, with the
15intent to invade the privacy of a person or persons inside. This
16subdivision shall not apply to those areas of a private business
17used to count currency or other negotiable instruments.

18(2) Any person who uses a concealed camcorder, motion picture
19camera, or photographic camera of any type, to secretly videotape,
20film, photograph, or record by electronic means, another,
21identifiable person under or through the clothing being worn by
22that other person, for the purpose of viewing the body of, or the
23undergarments worn by, that other person, without the consent or
24knowledge of that other person, with the intent to arouse, appeal
25to, or gratify the lust, passions, or sexual desires of that person and
26invade the privacy of that other person, under circumstances in
27which the other person has a reasonable expectation of privacy.

28(3) (A) Any person who uses a concealed camcorder, motion
29picture camera, or photographic camera of any type, to secretly
30videotape, film, photograph, or record by electronic means, another,
31identifiable person who may be in a state of full or partial undress,
32for the purpose of viewing the body of, or the undergarments worn
33by, that other person, without the consent or knowledge of that
34other person, in the interior of a bedroom, bathroom, changing
35room, fitting room, dressing room, or tanning booth, or the interior
36of any other area in which that other person has a reasonable
37expectation of privacy, with the intent to invade the privacy of that
38other person.

39(B) Neither of the following is a defense to the crime specified
40in this paragraph:

P6    1(i) The defendant was a cohabitant, landlord, tenant, cotenant,
2employer, employee, or business partner or associate of the victim,
3or an agent of any of these.

4(ii) The victim was not in a state of full or partial undress.

5(4) (A) Any person who intentionally distributes the image of
6the intimate body part or parts of another identifiable person, or
7an image of the person depicted engaged in an act of sexual
8intercourse, sodomy, oral copulation, sexual penetration, or an
9image of masturbation by the person depicted or in which the
10person depicted participates, under circumstances in which the
11persons agree or understand that the image shall remain private,
12the person distributing the image knows or should know that
13distribution of the image will cause serious emotional distress, and
14the person depicted suffers that distress.

15(B) A person intentionally distributes an image described in
16subparagraph (A) when he or she personally distributes the image,
17or arranges, specifically requests, or intentionally causes another
18person to distribute that image.

19(C) As used in this paragraph, “intimate body part” means any
20portion of the genitals, the anus and in the case of a female, also
21includes any portion of the breasts below the top of the areola, that
22is either uncovered or clearly visible through clothing.

23(D) It shall not be a violation of this paragraph to distribute an
24image described in subparagraph (A) if any of the following
25applies:

26(i) The distribution is made in the course of reporting an
27unlawful activity.

28(ii) The distribution is made in compliance with a subpoena or
29other court order for use in a legal proceeding.

30(iii) The distribution is made in the course of a lawful public
31proceeding.

32(5) This subdivision shall not preclude punishment under any
33section of law providing for greater punishment.

34(k)

end delete

35begin insert(i)end insertbegin insert(1)end insertbegin insertend insertIn any accusatory pleading charging a violation of
36subdivision (b), if the defendant has been once previously convicted
37of a violation of that subdivision, the previous conviction shall be
38charged in the accusatory pleading. If the previous conviction is
39found to be true by the jury, upon a jury trial, or by the court, upon
40a court trial, or is admitted by the defendant, the defendant shall
P7    1be imprisoned in a county jail for a period of not less than 45 days
2and shall not be eligible for release upon completion of sentence,
3on probation, on parole, on work furlough or work release, or on
4any other basis until he or she has served a period of not less than
545 days in a county jail. In all cases in which probation is granted,
6the court shall require as a condition thereof that the person be
7confined in a county jail for at least 45 days. In no event does the
8court have the power to absolve a person who violates this
9subdivision from the obligation of spending at least 45 days in
10confinement in a county jail.

begin delete

11 In

end delete

12begin insert(2)end insertbegin insertend insertbegin insertInend insert any accusatory pleading charging a violation of
13subdivision (b), if the defendant has been previously convicted
14two or more times of a violation of that subdivision, each of these
15previous convictions shall be charged in the accusatory pleading.
16If two or more of these previous convictions are found to be true
17by the jury, upon a jury trial, or by the court, upon a court trial, or
18are admitted by the defendant, the defendant shall be imprisoned
19in a county jail for a period of not less than 90 days and shall not
20be eligible for release upon completion of sentence, on probation,
21on parole, on work furlough or work release, or on any other basis
22until he or she has served a period of not less than 90 days in a
23county jail. In all cases in which probation is granted, the court
24shall require as a condition thereof that the person be confined in
25a county jail for at least 90 days. In no event does the court have
26the power to absolve a person who violates this subdivision from
27the obligation of spending at least 90 days in confinement in a
28county jail.

begin delete

29 In

end delete

30begin insert(3)end insertbegin insertend insertbegin insertInend insert addition to any punishment prescribed by this section, a
31court may suspend, for not more than 30 days, the privilege of the
32person to operate a motor vehicle pursuant to Section 13201.5 of
33the Vehicle Code for any violation of subdivision (b) that was
34committed within 1,000 feet of a private residence and with the
35use of a vehicle. In lieu of the suspension, the court may order a
36person’s privilege to operate a motor vehicle restricted, for not
37more than six months, to necessary travel to and from the person’s
38place of employment or education. If driving a motor vehicle is
39necessary to perform the duties of the person’s employment, the
P8    1court may also allow the person to drive in that person’s scope of
2employment.

begin delete

3(l) (1) A second or subsequent violation of subdivision (j) is
4punishable by imprisonment in a county jail not exceeding one
5year, or by a fine not exceeding two thousand dollars ($2,000), or
6by both that fine and imprisonment.

end delete
begin delete

7(2) If the victim of a violation of subdivision (j) was a minor at
8the time of the offense, the violation is punishable by imprisonment
9in a county jail not exceeding one year, or by a fine not exceeding
10two thousand dollars ($2,000), or by both that fine and
11imprisonment.

end delete
begin delete

12(m)

end delete

13begin insert(j)end insert (1) If a crime is committed in violation of subdivision (b)
14and the person who was solicited was a minor at the time of the
15offense, and if the defendant knew or should have known that the
16person who was solicited was a minor at the time of the offense,
17the violation is punishable by imprisonment in a county jail for
18not less than two days and not more than one year, or by a fine not
19exceeding ten thousand dollars ($10,000), or by both that fine and
20imprisonment.

21(2) The court may, in unusual cases, when the interests of justice
22are best served, reduce or eliminate the mandatory two days of
23imprisonment in a county jail required by this subdivision. If the
24court reduces or eliminates the mandatory two days’ imprisonment,
25the court shall specify the reason on the record.

26

SEC. 2.  

Section 647.7 of the Penal Code is repealed.

begin delete
27

647.7.  

(a) In any case in which a person is convicted of
28violating subdivision (i) or (j) of Section 647, the court may require
29counseling as a condition of probation. Any defendant so ordered
30to be placed in a counseling program shall be responsible for
31paying the expense of his or her participation in the counseling
32program as determined by the court. The court shall take into
33consideration the ability of the defendant to pay, and no defendant
34shall be denied probation because of his or her inability to pay.

35(b) Every person who, having been convicted of violating
36subdivision (i) or (j) of Section 647, commits a second or
37subsequent violation of subdivision (i) or (j) of Section 647, shall
38be punished by imprisonment in a county jail not exceeding one
39year, by a fine not exceeding one thousand dollars ($1,000), or by
P9    1both that fine and imprisonment, except as provided in subdivision
2(c).

3(c) Every person who, having been previously convicted of
4violating subdivision (i) or (j) of Section 647, commits a violation
5of paragraph (3) of subdivision (j) of Section 647 regardless of
6whether it is a first, second, or subsequent violation of that
7paragraph, shall be punished by imprisonment in a county jail not
8exceeding one year, by a fine not exceeding five thousand dollars
9($5,000), or by both that fine and imprisonment.

end delete
10

SEC. 3.  

Section 647.7 is added to the Penal Code, to read:

11

647.7.  

(a) A person who does either of the following is guilty
12of disorderly conduct, punishable pursuant to subdivision (b):

13(1) While loitering, prowling, or wandering upon the private
14property of another, at any time, peeks in the door or window of
15any inhabited building or structure, without visible or lawful
16business with the owner or occupant.

17(2) (A) Looks through a hole or opening, into, or otherwise
18views, by means of any instrumentality, including, but not limited
19to, a periscope, telescope, binoculars, camera, motion picture
20camera, camcorder, or mobile telephone, the interior of a bedroom,
21bathroom, changing room, fitting room, dressing room, or tanning
22 booth, or the interior of any other area in which the occupant has
23a reasonable expectation of privacy, with the intent to invade the
24privacy of a person or persons inside. This paragraph does not
25apply to those areas of a private business used to count currency
26or other negotiable instruments.

27(B) Uses a concealed camcorder, motion picture camera, or
28photographic camera of any type, to secretly videotape, film,
29photograph, or record by electronic means, another, identifiable
30person under or through the clothing being worn by that other
31person, for the purpose of viewing the body of, or the
32undergarments worn by, that other person, without the consent or
33knowledge of that other person, with the intent to arouse, appeal
34to, or gratify the lust, passions, or sexual desires of that person and
35invade the privacy of that other person, under circumstances in
36which the other person has a reasonable expectation of privacy.

37(C) (i) Uses a concealed camcorder, motion picture camera, or
38photographic camera of any type, to secretly videotape, film,
39photograph, or record by electronic means, another, identifiable
40person who may be in a state of full or partial undress, for the
P10   1purpose of viewing the body of, or the undergarments worn by,
2that other person, without the consent or knowledge of that other
3person, in the interior of a bedroom, bathroom, changing room,
4fitting room, dressing room, or tanning booth, or the interior of
5any other area in which that other person has a reasonable
6expectation of privacy, with the intent to invade the privacy of that
7other person.

8(ii) Neither of the following is a defense to the crime specified
9in this subparagraph:

10(I) The defendant was a cohabitant, landlord, tenant, cotenant,
11 employer, employee, or business partner or associate of the victim,
12or an agent of any of these.

13(II) The victim was not in a state of full or partial undress.

14(D) (i) Intentionally distributes the image of the intimate body
15part or parts of another identifiable person, or an image of the
16person depicted engaged in an act of sexual intercourse, sodomy,
17oral copulation, sexual penetration, or an image of masturbation
18by the person depicted or in which the person depicted participates,
19under circumstances in which the persons agree or understand that
20the image shall remain private, the person distributing the image
21knows or should know that distribution of the image will cause
22serious emotional distress, and the person depicted suffers that
23distress.

24(ii) A person intentionally distributes an image described in
25clause (i) when he or she personally distributes the image, or
26arranges, specifically requests, or intentionally causes another
27person to distribute that image.

28(iii) As used in this subparagraph, “intimate body part” means
29any portion of the genitals, the anus and in the case of a female,
30also includes any portion of the breasts below the top of the areola,
31that is either uncovered or clearly visible through clothing.

32(iv) It is not a violation of this subparagraph to distribute an
33image described in clause (i) if any of the following applies:

34(I) The distribution is made in the course of reporting an
35unlawful activity.

36(II) The distribution is made in compliance with a subpoena or
37other court order for use in a legal proceeding.

38(III) The distribution is made in the course of a lawful public
39proceeding.

P11   1(E) This paragraph does not preclude punishment under any
2section of law providing for greater punishment.

3(b) (1) Except as otherwise specified in this subdivision, a
4violation of subdivision (a) is punishable by imprisonment in a
5county jail for not more than six months, by a fine of one thousand
6dollars ($1,000), or by both that fine and imprisonment, or
7punishable by imprisonment pursuant to subdivision (h) of Section
81170, by a fine of two thousand dollars ($2,000), or by both that
9fine and imprisonment.

10(2) If the victim of a violation of paragraph (2) of subdivision
11(a) was a minor at the time of the offense, the violation is
12punishable by imprisonment in a county jail not exceeding one
13year, by a fine not exceeding two thousand dollars ($2,000), or by
14both that fine and imprisonment, or punishable by imprisonment
15pursuant to subdivision (h) of Section 1170 for three, five, or seven
16years, by a fine not exceeding five thousand dollars ($5,000), or
17by both that fine and imprisonment.

18(3) Except as otherwise provided in paragraph (4), a second or
19subsequent violation of subdivision (a) is punishable by
20imprisonment in a county jail not exceeding one year, by a fine
21not exceeding two thousand dollars ($2,000), or by both that fine
22and imprisonment, or punishable by imprisonment pursuant to
23subdivision (h) of Section 1170 for three, five, or seven years, by
24a fine not exceeding five thousand dollars ($5,000), or by both that
25fine and imprisonment.

26(4) Every person who, having been previously convicted of
27violating subdivision (a), commits a violation of subparagraph (C)
28of paragraph (2) of subdivision (a) regardless of whether it is a
29first, second, or subsequent violation of that subparagraph, shall
30be punished by imprisonment in a county jail not exceeding one
31year, by a fine not exceeding five thousand dollars ($5,000), or by
32both that fine and imprisonment, or punished by imprisonment
33pursuant to subdivision (h) of Section 1170 for three, five, or seven
34years, by a fine not exceeding ten thousand dollars ($10,000), or
35by both that fine and imprisonment.

36(c) If a person is convicted of violating subdivision (a), the court
37may require counseling as a condition of probation. Any defendant
38so ordered to be placed in a counseling program shall be
39responsible for paying the expense of his or her participation in
40the counseling program as determined by the court. The court shall
P12   1take into consideration the ability of the defendant to pay, and no
2defendant shall be denied probation because of his or her inability
3to pay.

4

SEC. 4.  

Section 803 of the Penal Code is amended to read:

5

803.  

(a) Except as provided in this section, a limitation of time
6prescribed in this chapter is not tolled or extended for any reason.

7(b) No time during which prosecution of the same person for
8the same conduct is pending in a court of this state is a part of a
9limitation of time prescribed in this chapter.

10(c) A limitation of time prescribed in this chapter does not
11commence to run until the discovery of an offense described in
12this subdivision. This subdivision applies to an offense punishable
13by imprisonment in the state prison or imprisonment pursuant to
14subdivision (h) of Section 1170, a material element of which is
15fraud or breach of a fiduciary obligation, the commission of the
16crimes of theft or embezzlement upon an elder or dependent adult,
17or the basis of which is misconduct in office by a public officer,
18employee, or appointee, including, but not limited to, the following
19offenses:

20(1) Grand theft of any type, forgery, falsification of public
21records, or acceptance of, or asking, receiving, or agreeing to
22receive, a bribe, by a public official or a public employee,
23including, but not limited to, a violation of Section 68, 86, or 93.

24(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

25(3) A violation of Section 25540, of any type, or Section 25541
26of the Corporations Code.

27(4) A violation of Section 1090 or 27443 of the Government
28Code.

29(5) Felony welfare fraud or Medi-Cal fraud in violation of
30Section 11483 or 14107 of the Welfare and Institutions Code.

31(6) Felony insurance fraud in violation of Section 548 or 550
32of this code or former Section 1871.1, or Section 1871.4, of the
33Insurance Code.

34(7) A violation of Section 580, 581, 582, 583, or 584 of the
35Business and Professions Code.

36(8) A violation of Section 22430 of the Business and Professions
37Code.

38(9) A violation of Section 103800 of the Health and Safety
39Code.

40(10) A violation of Section 529a.

P13   1(11) A violation of subdivision (d) or (e) of Section 368.

2(d) If the defendant is out of the state when or after the offense
3is committed, the prosecution may be commenced as provided in
4Section 804 within the limitations of time prescribed by this
5chapter, and no time up to a maximum of three years during which
6the defendant is not within the state shall be a part of those
7limitations.

8(e) A limitation of time prescribed in this chapter does not
9commence to run until the offense has been discovered, or could
10have reasonably been discovered, with regard to offenses under
11Division 7 (commencing with Section 13000) of the Water Code,
12under Chapter 6.5 (commencing with Section 25100) of, Chapter
136.7 (commencing with Section 25280) of, or Chapter 6.8
14(commencing with Section 25300) of, Division 20 of, or Part 4
15(commencing with Section 41500) of Division 26 of, the Health
16and Safety Code, or under Section 386, or offenses under Chapter
175 (commencing with Section 2000) of Division 2 of, Chapter 9
18(commencing with Section 4000) of Division 2 of, Section 6126
19of, Chapter 10 (commencing with Section 7301) of Division 3 of,
20or Chapter 19.5 (commencing with Section 22440) of Division 8
21of, the Business and Professions Code.

22(f) (1) Notwithstanding any other limitation of time described
23in this chapter, a criminal complaint may be filed within one year
24of the date of a report to a California law enforcement agency by
25a person of any age alleging that he or she, while under 18 years
26of age, was the victim of a crime described in Section 261, 286,
27288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter
28293 of the Statutes of 1991 relating to penetration by an unknown
29object.

30(2) This subdivision applies only if all of the following occur:

31(A) The limitation period specified in Section 800, 801, or 801.1,
32whichever is later, has expired.

33(B) The crime involved substantial sexual conduct, as described
34in subdivision (b) of Section 1203.066, excluding masturbation
35that is not mutual.

36(C) There is independent evidence that corroborates the victim’s
37allegation. If the victim was 21 years of age or older at the time
38of the report, the independent evidence shall clearly and
39convincingly corroborate the victim’s allegation.

P14   1(3) No evidence may be used to corroborate the victim’s
2allegation that otherwise would be inadmissible during trial.
3Independent evidence does not include the opinions of mental
4health professionals.

5(4) (A) In a criminal investigation involving any of the crimes
6listed in paragraph (1) committed against a child, when the
7applicable limitations period has not expired, that period shall be
8tolled from the time a party initiates litigation challenging a grand
9jury subpoena until the end of the litigation, including any
10associated writ or appellate proceeding, or until the final disclosure
11of evidence to the investigating or prosecuting agency, if that
12disclosure is ordered pursuant to the subpoena after the litigation.

13(B) Nothing in this subdivision affects the definition or
14applicability of any evidentiary privilege.

15(C) This subdivision shall not apply if a court finds that the
16grand jury subpoena was issued or caused to be issued in bad faith.

17(g) (1) Notwithstanding any other limitation of time described
18in this chapter, a criminal complaint may be filed within one year
19of the date on which the identity of the suspect is conclusively
20established by DNA testing, if both of the following conditions
21are met:

22(A) The crime is one that is described in subdivision (c) of
23Section 290.

24(B) The offense was committed prior to January 1, 2001, and
25biological evidence collected in connection with the offense is
26analyzed for DNA type no later than January 1, 2004, or the offense
27was committed on or after January 1, 2001, and biological evidence
28collected in connection with the offense is analyzed for DNA type
29no later than two years from the date of the offense.

30(2) For purposes of this section, “DNA” means deoxyribonucleic
31acid.

32(h) For any crime, the proof of which depends substantially
33upon evidence that was seized under a warrant, but which is
34 unavailable to the prosecuting authority under the procedures
35described in People v. Superior Court (Laff) (2001) 25 Cal.4th
36703, People v. Superior Court (Bauman & Rose) (1995) 37
37Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
38claims of evidentiary privilege or attorney work product, the
39limitation of time prescribed in this chapter shall be tolled from
40the time of the seizure until final disclosure of the evidence to the
P15   1prosecuting authority. Nothing in this section otherwise affects
2the definition or applicability of any evidentiary privilege or
3attorney work product.

4(i) Notwithstanding any other limitation of time described in
5this chapter, a criminal complaint may be filed within one year of
6the date on which a hidden recording is discovered related to a
7violation of begin delete paragraph (2) or (3) of subdivision (j) of Section 647.end delete
8begin insert subparagraph (B) or (C) of paragraph (2) of subdivision (a) of
9Section 647.7.end insert

10(j) Notwithstanding any other limitation of time described in
11this chapter, if a person flees the scene of an accident that caused
12death or permanent, serious injury, as defined in subdivision (d)
13of Section 20001 of the Vehicle Code, a criminal complaint brought
14pursuant to paragraph (2) of subdivision (b) of Section 20001 of
15the Vehicle Code may be filed within the applicable time period
16described in Section 801 or 802 or one year after the person is
17initially identified by law enforcement as a suspect in the
18commission of the offense, whichever is later, but in no case later
19than six years after the commission of the offense.

20(k) Notwithstanding any other limitation of time described in
21this chapter, if a person flees the scene of an accident, a criminal
22complaint brought pursuant to paragraph (1) or (2) of subdivision
23(c) of Section 192 may be filed within the applicable time period
24described in Section 801 or 802, or one year after the person is
25initially identified by law enforcement as a suspect in the
26commission of that offense, whichever is later, but in no case later
27than six years after the commission of the offense.

28(l) A limitation of time prescribed in this chapter does not
29commence to run until the discovery of an offense involving the
30offering or giving of a bribe to a public official or public employee,
31including, but not limited to, a violation of Section 67, 67.5, 85,
3292, or 165, or Section 35230 or 72530 of the Education Code.

33

SEC. 5.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P16   1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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