Amended in Assembly June 30, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1088


Introduced by Senators Nguyen and Bates

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(Coauthors: Senators Fuller, Galgiani, and Nielsen)

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(Coauthors: Assembly Members Brough and Wagner)

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February 17, 2016


An act to amend Sectionbegin delete 152end deletebegin insert 803end insert of the Penal Code, relating to wrongful concealment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1088, as amended, Nguyen. begin deleteWrongful concealment: accidental death. end deletebegin insertWrongful concealment: statute of limitations.end insert

Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.

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This bill would make that offense a misdemeanor or a felony, and if a felony, punishable by imprisonment in a county jail, as specified, or the fine described above, or by both that fine and imprisonment.

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By creating a new felony, this bill would impose a state-mandated local program.

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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.

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

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Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.

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This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 803 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

803.  

(a) Except as provided in this section, a limitation of time
4prescribed in this chapter is not tolled or extended for any reason.

5(b) No time during which prosecution of the same person for
6the same conduct is pending in a court of this state is a part of a
7limitation of time prescribed in this chapter.

8(c) A limitation of time prescribed in this chapter does not
9commence to run until the discovery of an offense described in
10this subdivision. This subdivision applies to an offense punishable
11by imprisonment in the state prison or imprisonment pursuant to
12subdivision (h) of Section 1170, a material element of which is
13fraud or breach of a fiduciary obligation, the commission of the
14crimes of theft or embezzlement upon an elder or dependent adult,
15or the basis of which is misconduct in office by a public officer,
16employee, or appointee, including, but not limited to, the following
17offenses:

18(1) Grand theft of any type, forgery, falsification of public
19records, or acceptance of, or asking, receiving, or agreeing to
20receive, a bribe, by a public official or a public employee,
21including, but not limited to, a violation of Section 68, 86, or 93.

P3    1(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

2(3) A violation of Section 25540, of any type, or Section 25541
3of the Corporations Code.

4(4) A violation of Section 1090 or 27443 of the Government
5Code.

6(5) Felony welfare fraud or Medi-Cal fraud in violation of
7Section 11483 or 14107 of the Welfare and Institutions Code.

8(6) Felony insurance fraud in violation of Section 548 or 550
9of this code or former Section 1871.1, or Section 1871.4, of the
10Insurance Code.

11(7) A violation of Section 580, 581, 582, 583, or 584 of the
12Business and Professions Code.

13(8) A violation of Section 22430 of the Business and Professions
14Code.

15(9) A violation of Section 103800 of the Health and Safety
16Code.

17(10) A violation of Section 529a.

18(11) A violation of subdivision (d) or (e) of Section 368.

19(d) If the defendant is out of the state when or after the offense
20is committed, the prosecution may be commenced as provided in
21Section 804 within the limitations of time prescribed by this
22chapter, and no time up to a maximum of three years during which
23the defendant is not within the state shall be a part of those
24limitations.

25(e) A limitation of time prescribed in this chapter does not
26commence to run until the offense has been discovered, or could
27have reasonably been discovered, with regard to offenses under
28Division 7 (commencing with Section 13000) of the Water Code,
29under Chapter 6.5 (commencing with Section 25100) of, Chapter
306.7 (commencing with Section 25280) of, or Chapter 6.8
31(commencing with Section 25300) of, Division 20 of, or Part 4
32(commencing with Section 41500) of Division 26 of, the Health
33and Safety Code, or under Section 386, or offenses under Chapter
345 (commencing with Section 2000) of Division 2 of, Chapter 9
35(commencing with Section 4000) of Division 2 of, Section 6126
36of, Chapter 10 (commencing with Section 7301) of Division 3 of,
37or Chapter 19.5 (commencing with Section 22440) of Division 8
38of, the Business and Professions Code.

39(f) (1) Notwithstanding any other limitation of time described
40in this chapter, a criminal complaint may be filed within one year
P4    1of the date of a report to a California law enforcement agency by
2a person of any age alleging that he or she, while under 18 years
3of age, was the victim of a crime described in Section 261, 286,
4288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter
5293 of the Statutes of 1991 relating to penetration by an unknown
6object.

7(2) This subdivision applies only if all of the following occur:

8(A) The limitation period specified in Section 800, 801, or 801.1,
9whichever is later, has expired.

10(B) The crime involved substantial sexual conduct, as described
11in subdivision (b) of Section 1203.066, excluding masturbation
12that is not mutual.

13(C) There is independent evidence that corroborates the victim’s
14allegation. If the victim was 21 years of age or older at the time
15of the report, the independent evidence shall clearly and
16convincingly corroborate the victim’s allegation.

17(3) No evidence may be used to corroborate the victim’s
18allegation that otherwise would be inadmissible during trial.
19Independent evidence does not include the opinions of mental
20health professionals.

21(4) (A) In a criminal investigation involving any of the crimes
22listed in paragraph (1) committed against a child, when the
23applicable limitations period has not expired, that period shall be
24tolled from the time a party initiates litigation challenging a grand
25jury subpoena until the end of the litigation, including any
26associated writ or appellate proceeding, or until the final disclosure
27of evidence to the investigating or prosecuting agency, if that
28disclosure is ordered pursuant to the subpoena after the litigation.

29(B) Nothing in this subdivision affects the definition or
30applicability of any evidentiary privilege.

31(C) This subdivision shall not apply if a court finds that the
32grand jury subpoena was issued or caused to be issued in bad faith.

33(g) (1) Notwithstanding any other limitation of time described
34in this chapter, a criminal complaint may be filed within one year
35of the date on which the identity of the suspect is conclusively
36established by DNA testing, if both of the following conditions
37are met:

38(A) The crime is one that is described in subdivision (c) of
39Section 290.

P5    1(B) The offense was committed prior to January 1, 2001, and
2biological evidence collected in connection with the offense is
3analyzed for DNA type no later than January 1, 2004, or the offense
4was committed on or after January 1, 2001, and biological evidence
5collected in connection with the offense is analyzed for DNA type
6no later than two years from the date of the offense.

7(2) For purposes of this section, “DNA” means deoxyribonucleic
8acid.

9(h) For any crime, the proof of which depends substantially
10upon evidence that was seized under a warrant, but which is
11 unavailable to the prosecuting authority under the procedures
12described in People v. Superior Court (Laff) (2001) 25 Cal.4th
13703, People v. Superior Court (Bauman & Rose) (1995) 37
14Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
15claims of evidentiary privilege or attorney work product, the
16limitation of time prescribed in this chapter shall be tolled from
17the time of the seizure until final disclosure of the evidence to the
18prosecuting authority. Nothing in this section otherwise affects
19the definition or applicability of any evidentiary privilege or
20attorney work product.

21(i) Notwithstanding any other limitation of time described in
22this chapter, a criminal complaint may be filed within one year of
23the date on which a hidden recording is discovered related to a
24violation of paragraph (2) or (3) of subdivision (j) of Section 647.

25(j) Notwithstanding any other limitation of time described in
26this chapter, if a person flees the scene of an accident that caused
27death or permanent, serious injury, as defined in subdivision (d)
28of Section 20001 of the Vehicle Code, a criminal complaint brought
29pursuant to paragraph (2) of subdivision (b) of Section 20001 of
30the Vehicle Code may be filed within the applicable time period
31described in Section 801 or 802 or one year after the person is
32initially identified by law enforcement as a suspect in the
33commission of the offense, whichever is later, but in no case later
34than six years after the commission of the offense.

35(k) Notwithstanding any other limitation of time described in
36this chapter, if a person flees the scene of an accident, a criminal
37complaint brought pursuant to paragraph (1) or (2) of subdivision
38(c) of Section 192 may be filed within the applicable time period
39described in Section 801 or 802, or one year after the person is
40initially identified by law enforcement as a suspect in the
P6    1commission of that offense, whichever is later, but in no case later
2than six years after the commission of the offense.

3(l) A limitation of time prescribed in this chapter does not
4commence to run until the discovery of an offense involving the
5offering or giving of a bribe to a public official or public employee,
6including, but not limited to, a violation of Section 67, 67.5, 85,
792, or 165, or Section 35230 or 72530 of the Education Code.

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(m) Notwithstanding any other limitation of time prescribed in
9this chapter, if a person actively conceals or attempts to conceal
10an accidental death in violation of Section 152, a criminal
11complaint may be filed within one year after the person is initially
12identified by law enforcement as a suspect in the commission of
13that offense.

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SECTION 1.  

Section 152 of the Penal Code is amended to
15read:

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152.  

(a) (1) A person who, having knowledge of an accidental
17death, actively conceals or attempts to conceal that death, is guilty
18of a misdemeanor or a felony punishable as follows:

19(2) If a misdemeanor, by imprisonment in a county jail for not
20more than one year, or by a fine of not less than one thousand
21dollars ($1,000) nor more than ten thousand dollars ($10,000), or
22by both that fine and imprisonment.

23(3) If a felony, by imprisonment pursuant to subdivision (h) of
24Section 1170, or by a fine of not less than one thousand dollars
25($1,000) nor more than ten thousand dollars ($10,000), or by both
26that fine and imprisonment.

27(b) For purposes of this section, a person who “actively
28conceals” an accidental death means a person who does any of the
29following:

30(1) Performs an overt act that conceals the body or directly
31impedes the ability of authorities or family members to discover
32the body.

33(2) Directly destroys or suppresses evidence of the actual
34physical body of the deceased, including, but not limited to, bodily
35fluids or tissues.

36(3) Destroys or suppresses the actual physical instrumentality
37of death.

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SEC. 2.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P7    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.

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