BILL ANALYSIS �
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THIRD READING
Bill No: SB 926
Author: Beall (D) and Lara (D), et al.
Amended: 3/17/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/29/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 7-0, 05/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Child sex crimes: statute of limitations
SOURCE : Author
DIGEST : This bill extends one of the statutory limitation
periods for prosecuting sex crimes committed when a victim was
under the age of 18, from any time up to the victim's 28th
birthday to any time up to the victim's 40th birthday.
ANALYSIS :
Existing law:
1.Provides that the prosecution for a felony sex offense subject
to mandatory sex offender registration, as specified, must be
commenced within 10 years after commission of the offense.
2.Provides that the prosecution for inducing a minor to pose in
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connection with the production of a representation of sexual
activity involving a minor must be commenced within 10 years
of the date of production of the pornographic material.
3.Authorizes a criminal complaint to be filed in specified child
sex crime cases as follows:
A. If the crime is alleged to have been committed against a
person when that person was under the age of 18,
prosecution may commence any time up to the victim's 28th
birthday.
B. Within one year of the date a person of any age reports
to a California law enforcement agency that he/she, while
under the age of 18 years, was a victim of a sex crime, as
specified, if all of the following occur:
(1) The limitation period has expired;
(2) The crime involved substantial sexual conduct, as
specified, excluding masturbation that is not mutual; and
(3) There is independent evidence that corroborates the
victim's allegation. If the victim was 21 years of age
or older at the time of the report, the independent
evidence shall clearly and convincingly corroborate the
victim's allegation.
A. Within one year of the date on which the identity of the
suspect is conclusively established by deoxyribonucleic
acid (DNA) testing, if both of the following conditions are
met:
(1) The crime is one that is subject to mandatory sex
offender registration, as specified.
(2) The offense was committed prior to January 1, 2001,
and biological evidence collected in connection with the
offense is analyzed for DNA type no later than January 1,
2004, or the offense was committed on or after January 1,
2001, and biological evidence collected in connection
with the offense is analyzed for DNA type no later than
two years from the date of the offense.
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This bill:
1.Increases the base period for prosecuting a sex crime against
a victim under the age of 18, from any time up to the victim's
28th birthday, to any time up to the victim's 40th birthday.
2.Provides that the provisions shall only apply to crimes that
were committed on or after January 1, 2015, or for which the
statute of limitations that was in effect prior to January 1,
2015, has not run out as of January 1, 2015.
NOTE: See the Senate Public Safety Committee analysis for a
detailed background of the bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Potentially significant future state costs (General Fund) for
new commitments to state prison that otherwise would not have
occurred in the absence of the extended statute of
limitations. The Department of Corrections and Rehabilitation
statistics indicate an average of 1,700 commitments annually
to state prison for the specified sex offenses with an average
length of stay exceeding 10 years. Five to 10 additional
prison commitments per year after 10 years would increase
state costs in excess of $1.5 million to $3.1 million
annually.
Potentially significant ongoing increase in state court costs
(Trial Court Trust Fund) to the extent the extension of the
statute of limitations for prosecution for specified felony
sex offenses results in additional criminal actions.
SUPPORT : (Verified 5/23/14)
American Association for Marriage and Family Therapy
California Police Chiefs Association
California Protective Parents Association
Child Abuse Listening Mediation
Child Abuse Prevention Center
Consumer Attorneys of California
Crime Victims United of California
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Incest Survivors' Speaker Bureau
National Safe Child Coalition
Restorative Justice International
Santa Clara County District Attorney
OPPOSITION : (Verified 5/23/14)
California Attorneys for Criminal Justice
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The California Police Chiefs
Association, Inc. states, "Well documented medical literature
demonstrates a high percentage of victims of childhood sexual
abuse, suffer from post-traumatic stress disorder. The disorder
can cause memory loss or impairment, especially in childhood
sexual abuse victims. The memory loss can seriously effect when
the victim is able to report, if ever. Studies show that the
victims that do not report their abuse do so later in their life
when their memories have become clearer and they are emotionally
ready to do so, a complex process that may take them well into
their 40's and 50's."
ARGUMENTS IN OPPOSITION : Legal Services for Prisoners with
Children states, "We do not believe that increasing statutes of
limitations is an efficient option in addressing crime. Indeed,
if the victim was 18 or under at the time of the crime, and the
offender could be prosecuted until the victim turns 40, then
crimes could be prosecuted more than 22 years later, which would
raise several issues. Although suffering for the victim is a
life-long burden that we do not want to minimize, we strongly
believe in rehabilitation and redemption for all individuals.
This bill would extend the time within which offenders could be
caught back in the criminal justice system, making it almost
impossible for them to build new life and erase their efforts to
divert from their past criminal path, no matter how old the
crime is and who they became years after.
JG:e 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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