Amended in Assembly August 4, 2016

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 Section 803 of the Penal Code, relating to wrongful concealment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1088, as amended, Nguyen. Wrongful concealment: statute of limitations.

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.

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.

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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This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 813, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

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

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

P2    1

SECTION 1.  

Section 803 of the Penal Code is amended to
2read:

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.

22(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

23(3) A violation of Section 25540, of any type, or Section 25541
24of the Corporations Code.

P3    1(4) A violation of Section 1090 or 27443 of the Government
2Code.

3(5) Felony welfare fraud or Medi-Cal fraud in violation of
4Section 11483 or 14107 of the Welfare and Institutions Code.

5(6) Felony insurance fraud in violation of Section 548 or 550
6of this code or former Section 1871.1, or Section 1871.4, of the
7Insurance Code.

8(7) A violation of Section 580, 581, 582, 583, or 584 of the
9Business and Professions Code.

10(8) A violation of Section 22430 of the Business and Professions
11Code.

12(9) A violation of Section 103800 of the Health and Safety
13Code.

14(10) A violation of Section 529a.

15(11) A violation of subdivision (d) or (e) of Section 368.

16(d) If the defendant is out of the state when or after the offense
17is committed, the prosecution may be commenced as provided in
18Section 804 within the limitations of time prescribed by this
19chapter, and no time up to a maximum of three years during which
20the defendant is not within the state shall be a part of those
21limitations.

22(e) A limitation of time prescribed in this chapter does not
23commence to run until the offense has been discovered, or could
24have reasonably been discovered, with regard to offenses under
25Division 7 (commencing with Section 13000) of the Water Code,
26under Chapter 6.5 (commencing with Section 25100) of, Chapter
276.7 (commencing with Section 25280) of, or Chapter 6.8
28(commencing with Section 25300) of, Division 20 of, or Part 4
29(commencing with Section 41500) of Division 26 of, the Health
30and Safety Code, or under Section 386, or offenses under Chapter
315 (commencing with Section 2000) of Division 2 of, Chapter 9
32(commencing with Section 4000) of Division 2 of, Section 6126
33of, Chapter 10 (commencing with Section 7301) of Division 3 of,
34or Chapter 19.5 (commencing with Section 22440) of Division 8
35of, the Business and Professions Code.

36(f) (1) Notwithstanding any other limitation of time described
37in this chapter, a criminal complaint may be filed within one year
38of the date of a report to a California law enforcement agency by
39a person of any age alleging that he or she, while under 18 years
40of age, was the victim of a crime described in Section 261, 286,
P4    1288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter
2293 of the Statutes of 1991 relating to penetration by an unknown
3object.

4(2) This subdivision applies only if all of the following occur:

5(A) The limitation period specified in Section 800, 801, or 801.1,
6whichever is later, has expired.

7(B) The crime involved substantial sexual conduct, as described
8in subdivision (b) of Section 1203.066, excluding masturbation
9that is not mutual.

10(C) There is independent evidence that corroborates the victim’s
11allegation. If the victim was 21 years of age or older at the time
12of the report, the independent evidence shall clearly and
13convincingly corroborate the victim’s allegation.

14(3) No evidence may be used to corroborate the victim’s
15allegation that otherwise would be inadmissible during trial.
16Independent evidence does not include the opinions of mental
17health professionals.

18(4) (A) In a criminal investigation involving any of the crimes
19listed in paragraph (1) committed against a child, when the
20applicable limitations period has not expired, that period shall be
21tolled from the time a party initiates litigation challenging a grand
22jury subpoena until the end of the litigation, including any
23associated writ or appellate proceeding, or until the final disclosure
24of evidence to the investigating or prosecuting agency, if that
25disclosure is ordered pursuant to the subpoena after the litigation.

26(B) Nothing in this subdivision affects the definition or
27applicability of any evidentiary privilege.

28(C) This subdivision shall not apply if a court finds that the
29grand jury subpoena was issued or caused to be issued in bad faith.

30(g) (1) Notwithstanding any other limitation of time described
31in this chapter, a criminal complaint may be filed within one year
32of the date on which the identity of the suspect is conclusively
33established by DNA testing, if both of the following conditions
34are met:

35(A) The crime is one that is described in subdivision (c) of
36Section 290.

37(B) The offense was committed prior to January 1, 2001, and
38biological evidence collected in connection with the offense is
39analyzed for DNA type no later than January 1, 2004, or the offense
40was committed on or after January 1, 2001, and biological evidence
P5    1collected in connection with the offense is analyzed for DNA type
2no later than two years from the date of the offense.

3(2) For purposes of this section, “DNA” means deoxyribonucleic
4acid.

5(h) For any crime, the proof of which depends substantially
6upon evidence that was seized under a warrant, but which is
7 unavailable to the prosecuting authority under the procedures
8described in People v. Superior Court (Laff) (2001) 25 Cal.4th
9703, People v. Superior Court (Bauman & Rose) (1995) 37
10Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
11claims of evidentiary privilege or attorney work product, the
12limitation of time prescribed in this chapter shall be tolled from
13the time of the seizure until final disclosure of the evidence to the
14prosecuting authority. Nothing in this section otherwise affects
15the definition or applicability of any evidentiary privilege or
16attorney work product.

17(i) Notwithstanding any other limitation of time described in
18this chapter, a criminal complaint may be filed within one year of
19the date on which a hidden recording is discovered related to a
20violation of paragraph (2) or (3) of subdivision (j) of Section 647.

21(j) Notwithstanding any other limitation of time described in
22this chapter, if a person flees the scene of an accident that caused
23death or permanent, serious injury, as defined in subdivision (d)
24of Section 20001 of the Vehicle Code, a criminal complaint brought
25pursuant to paragraph (2) of subdivision (b) of Section 20001 of
26the Vehicle Code may be filed within the applicable time period
27described in Section 801 or 802 or one year after the person is
28initially identified by law enforcement as a suspect in the
29commission of the offense, whichever is later, but in no case later
30than six years after the commission of the offense.

31(k) Notwithstanding any other limitation of time described in
32this chapter, if a person flees the scene of an accident, a criminal
33complaint brought pursuant to paragraph (1) or (2) of subdivision
34(c) of Section 192 may be filed within the applicable time period
35described in Section 801 or 802, or one year after the person is
36initially identified by law enforcement as a suspect in the
37commission of that offense, whichever is later, but in no case later
38than six years after the commission of the offense.

39(l) A limitation of time prescribed in this chapter does not
40commence to run until the discovery of an offense involving the
P6    1offering or giving of a bribe to a public official or public employee,
2including, but not limited to, a violation of Section 67, 67.5, 85,
392, or 165, or Section 35230 or 72530 of the Education Code.

4(m) Notwithstanding any other limitation of time prescribed in
5this chapter, if a person actively conceals or attempts to conceal
6an accidental death in violation of Section 152, a criminal
7complaint may be filed within one year after the person is initially
8identified by law enforcement as a suspect in the commission of
9that offense.

10begin insert

begin insertSEC. 1.5.end insert  

end insert

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

11

803.  

(a) Except as provided in this section, a limitation of time
12prescribed in this chapter is not tolled or extended for any reason.

13(b) No time during which prosecution of the same person for
14the same conduct is pending in a court of this state is a part of a
15limitation of time prescribed in this chapter.

16(c) A limitation of time prescribed in this chapter does not
17commence to run until the discovery of an offense described in
18this subdivision. This subdivision applies to an offense punishable
19by imprisonment in the state prison or imprisonment pursuant to
20subdivision (h) of Section 1170, a material element of which is
21fraud or breach of a fiduciary obligation, the commission of the
22crimes of theft or embezzlement upon an elder or dependent adult,
23or the basis of which is misconduct in office by a public officer,
24employee, or appointee, including, but not limited to, the following
25offenses:

26(1) Grand theft of any type, forgery, falsification of public
27records, or acceptance of, or asking, receiving, or agreeing to
28receive, a bribe, by a public official or a public employee,
29including, but not limited to, a violation of Section 68, 86, or 93.

30(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

31(3) A violation of Section 25540, of any type, or Section 25541
32of the Corporations Code.

33(4) A violation of Section 1090 or 27443 of the Government
34Code.

35(5) Felony welfare fraud or Medi-Cal fraud in violation of
36Section 11483 or 14107 of the Welfare and Institutions Code.

37(6) Felony insurance fraud in violation of Section 548 or 550
38of this code or former Section 1871.1, or Section 1871.4, of the
39Insurance Code.

P7    1(7) A violation of Section 580, 581, 582, 583, or 584 of the
2Business and Professions Code.

3(8) A violation of Section 22430 of the Business and Professions
4Code.

5(9) A violation of Section 103800 of the Health and Safety
6Code.

7(10) A violation of Section 529a.

8(11) A violation of subdivision (d) or (e) of Section 368.

9(d) If the defendant is out of the state when or after the offense
10is committed, the prosecution may be commenced as provided in
11Section 804 within the limitations of time prescribed by this
12chapter, and no time up to a maximum of three years during which
13the defendant is not within the state shall be a part of those
14limitations.

15(e) A limitation of time prescribed in this chapter does not
16commence to run until the offense has been discovered, or could
17have reasonably been discovered, with regard to offenses under
18Division 7 (commencing with Section 13000) of the Water Code,
19under Chapter 6.5 (commencing with Section 25100) of, Chapter
206.7 (commencing with Section 25280) of, or Chapter 6.8
21(commencing with Section 25300) of, Division 20 of, or Part 4
22(commencing with Section 41500) of Division 26 of, the Health
23and Safety Code, or under Section 386, or offenses under Chapter
245 (commencing with Section 2000) of Division 2 of, Chapter 9
25(commencing with Section 4000) of Division 2 of, Section 6126
26of, Chapter 10 (commencing with Section 7301) of Division 3 of,
27or Chapter 19.5 (commencing with Section 22440) of Division 8
28of, the Business and Professions Code.

29(f) (1) Notwithstanding any other limitation of time described
30in this chapter,begin insert if subdivision (b) of Section 799 does not apply,end insert a
31criminal complaint may be filed within one year of the date of a
32report to a California law enforcement agency by a person of any
33age alleging that he or she, while under 18 years of age, was the
34victim of a crime described in Section 261, 286, 288, 288a, 288.5,
35or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes
36of 1991 relating to penetration by an unknown object.

37(2) This subdivision applies only if all of the following occur:

38(A) The limitation period specified in Section 800, 801, or 801.1,
39whichever is later, has expired.

P8    1(B) The crime involved substantial sexual conduct, as described
2in subdivision (b) of Section 1203.066, excluding masturbation
3that is not mutual.

4(C) There is independent evidence that corroborates the victim’s
5allegation. If the victim was 21 years of age or older at the time
6of the report, the independent evidence shall clearly and
7convincingly corroborate the victim’s allegation.

8(3) No evidence may be used to corroborate the victim’s
9allegation that otherwise would be inadmissible during trial.
10Independent evidence does not include the opinions of mental
11health professionals.

12(4) (A) In a criminal investigation involving any of the crimes
13listed in paragraph (1) committed against a child, when the
14applicable limitations period has not expired, that period shall be
15tolled from the time a party initiates litigation challenging a grand
16jury subpoena until the end of the litigation, including any
17associated writ or appellate proceeding, or until the final disclosure
18of evidence to the investigating or prosecuting agency, if that
19disclosure is ordered pursuant to the subpoena after the litigation.

20(B) Nothing in this subdivision affects the definition or
21applicability of any evidentiary privilege.

22(C) This subdivision shall not apply if a court finds that the
23grand jury subpoena was issued or caused to be issued in bad faith.

24(g) (1) Notwithstanding any other limitation of time described
25in this chapter, a criminal complaint may be filed within one year
26of the date on which the identity of the suspect is conclusively
27established by DNA testing, if both of the following conditions
28are met:

29(A) The crime is one that is described in subdivision (c) of
30Section 290.

31(B) The offense was committed prior to January 1, 2001, and
32biological evidence collected in connection with the offense is
33analyzed for DNA type no later than January 1, 2004, or the offense
34was committed on or after January 1, 2001, and biological evidence
35collected in connection with the offense is analyzed for DNA type
36no later than two years from the date of the offense.

37(2) For purposes of this section, “DNA” means deoxyribonucleic
38acid.

39(h) For any crime, the proof of which depends substantially
40upon evidence that was seized under a warrant, but which is
P9    1unavailable to the prosecuting authority under the procedures
2described in People v. Superior Court (Laff) (2001) 25 Cal.4th
3703, People v. Superior Court (Bauman & Rose) (1995) 37
4Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
5claims of evidentiary privilege or attorney work product, the
6limitation of time prescribed in this chapter shall be tolled from
7the time of the seizure until final disclosure of the evidence to the
8prosecuting authority. Nothing in this section otherwise affects
9the definition or applicability of any evidentiary privilege or
10attorney work product.

11(i) Notwithstanding any other limitation of time described in
12this chapter, a criminal complaint may be filed within one year of
13the date on which a hidden recording is discovered related to a
14violation of paragraph (2) or (3) of subdivision (j) of Section 647.

15(j) Notwithstanding any other limitation of time described in
16this chapter, if a person flees the scene of an accident that caused
17death or permanent, serious injury, as defined in subdivision (d)
18of Section 20001 of the Vehicle Code, a criminal complaint brought
19pursuant to paragraph (2) of subdivision (b) of Section 20001 of
20the Vehicle Code may be filed within the applicable time period
21described in Section 801 or 802 or one year after the person is
22initially identified by law enforcement as a suspect in the
23commission of the offense, whichever is later, but in no case later
24than six years after the commission of the offense.

25(k) Notwithstanding any other limitation of time described in
26this chapter, if a person flees the scene of an accident, a criminal
27complaint brought pursuant to paragraph (1) or (2) of subdivision
28(c) of Section 192 may be filed within the applicable time period
29described in Section 801 or 802, or one year after the person is
30initially identified by law enforcement as a suspect in the
31commission of that offense, whichever is later, but in no case later
32than six years after the commission of the offense.

33(l) A limitation of time prescribed in this chapter does not
34commence to run until the discovery of an offense involving the
35offering or giving of a bribe to a public official or public employee,
36including, but not limited to, a violation of Section 67, 67.5, 85,
3792, or 165, or Section 35230 or 72530 of the Education Code.

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38
(m) Notwithstanding any other limitation of time prescribed in
39this chapter, if a person actively conceals or attempts to conceal
40an accidental death in violation of Section 152, a criminal
P10   1complaint may be filed within one year after the person is initially
2identified by law enforcement as a suspect in the commission of
3that offense.

end insert
4begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
5Section 803 of the Penal Code proposed by both this bill and Senate
6Bill 813. It shall only become operative if (1) both bills are enacted
7and become effective on or before January 1, 2017, (2) each bill
8amends Section 803 of the Penal Code, and (3) this bill is enacted
9after Senate Bill 813, in which case Section 1 of this bill shall not
10become operative.

end insert


O

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