BILL NUMBER: AB 1682	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 14, 2012

   An act to amend Section 801.1 of, and to add Section 801.3 to, the
Penal Code, relating to rape.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1682, as introduced, Portantino. Rape: statute of limitations.
   Existing law defines rape and rape of a spouse and makes each of
those crimes a felony punishable by imprisonment in the state prison
for 3, 6, or 8 years. Existing law requires the prosecution for an
offense punishable by imprisonment for 8 years or more to commence
within 6 years after the commission of the offense. Under existing
law, prosecution for a rape that is alleged to have been committed
when the victim was under 18 years of age may be commenced at any
time prior to the victim's 28th birthday.
   This bill would, instead, allow the commencement of a prosecution
for rape or rape of a spouse at any time after the commission of the
offense.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 801.1 of the Penal Code is amended to read:
   801.1.  (a) Notwithstanding any other limitation of time described
in this chapter, prosecution for a felony offense described in
Section  261,  286, 288, 288.5, 288a, or 289, or
Section 289.5, as enacted by Chapter 293 of the Statutes of 1991
relating to penetration by an unknown object, that is alleged to have
been committed when the victim was under  the age of 18
years   18 years of age  , may be commenced any
time prior to the victim's 28th birthday.
   (b) Notwithstanding any other limitation of time described in this
chapter, if subdivision (a) does not apply, prosecution for a felony
offense described in subdivision (c) of Section 290 shall be
commenced within 10 years after commission of the offense.
  SEC. 2.  Section 801.3 is added to the Penal Code, to read:
   801.3.  Notwithstanding any other limitation of time described in
this chapter, prosecution for a felony offense described in Section
261 or 262 may be commenced at any time after the commission of the
offense.