BILL ANALYSIS �
SB 926
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 926 (Beall) - As Amended: March 17, 2014
Policy Committee: Public
SafetyVote:6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill extends the criminal statute of limitation for
specified crimes of childhood sexual abuse from a victim's 28th
birthday until the victim's 40th birthday when the victim was
under 18 years of age.
The extended tolling provisions apply only to crimes committed
on or after January 1, 2015, or for which the statute of
limitations that was in effect before January 1, 2015 has not
expired as of that date.
FISCAL EFFECT
Unknown, potentially significant annual GF costs, in the range
of $8 million, for increased state prison commitments.
In 2013, 1,556 persons were committed to state prison for the
offenses covered by this bill (rape, sodomy, lewd or lascivious
acts, oral copulation, continuous sexual abuse of a child, and
sexual penetration). It cannot be determined how many
additional commitments might result from an extended statute of
limitations. If, however, there was a 1% increase in commitments
many years in the future - for example, pursuant to this bill,
the case of a seven-year-old abused in 2015 could commence as
late as 2048, rather than 2036 - with an average time served of
eight years, by 2044, there could be an additional 128 persons
in state prison, at a current per capita cost of about $8
million.
COMMENTS
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1)Rationale . The author and proponents contend the statute of
limitations on childhood sexual abuse should be extended to
account for repressed memories and post-trauma stress
disorder.
According to the author, "Well documented medical research
shows that victims of these horrible crimes suffer from
P.T.S.D. and severe memory loss. With the psychological damage
caused of child sex abuse coupled with the high rates of
recidivism found in sexual predators, there is a real need to
expand the time survivors of these horrible crimes may come
forward and file a complaint with law enforcement.
"The current law favors the abuser by letting the time run out
to file a criminal complaint before the victim of the abuse is
ready. This potentially has serious public safety
consequences by letting sexual predators wait out the clock
and the chain of abuse continues. States like Illinois and
Florida have eliminated the statute of limitations, while New
York, Iowa and Pennsylvania seek reform as well. It is time
for California to reform its laws too."
2)Current Statute of Limitations Law .
a) There is no statute of limitations for capital crimes
punishable by death or by imprisonment in the state prison
for life.
b) Prosecution for crimes punishable by eight years or
more, unless specified otherwise, must be commenced within
six years of the offense.
c) Prosecution for felonies punishable by less than eight
years must be commenced within three years of the offense.
d) Prosecution for a felony offense requiring sex offender
registration must be commenced within 10 years of the
offense.
e) For specified sex crimes committed when the victim was
under 18, prosecution may be commenced any time prior to
the victim's 28th birthday.
f) A criminal complaint may be filed within one year after
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a report to law enforcement that a person was the victim of
a sexual offense while under the age of 18 years. To file
such a complaint, the applicable limitation period must
have expired and the alleged crime must have involved
substantial sexual conduct corroborated by evidence, as
specified.
g) A criminal complaint may also be filed within one year
of the date on which the identity of the suspect is
conclusively established by DNA testing under specified
conditions.
h) The statute of limitations for a civil action based on
childhood sexual abuse is eight years after the date the
plaintiff attains the age of majority (26), or within three
years of the date the plaintiff discovers or reasonably
should have discovered that psychological injury or illness
occurring after the age of majority was caused by the
sexual abuse (delayed discovery), whichever period expires
later.
3)Statutes of limitations protect the accused from stale
evidence and fading memories . Statutes of limitations also
impose priority upon investigations and prosecutions and serve
to guard against delays.
As noted in the Assembly Public Safety Committee analysis,
these principals are reflected in court decisions. The United
States Supreme Court has stated that statutes of limitations
are the primary guarantee against bringing overly stale
criminal charges. (United States v. Ewell (1966) 383 U.S.
116, 122.) There is a measure of predictability provided by
specifying a limit beyond which there is an irrebuttable
presumption that a defendant's right to a fair trial would be
prejudiced. Such laws reflect legislative assessments of
relative interests of the state and the defendant in
administering and receiving justice.
4)Support includes law enforcement, the CA Coalition Against
Sexual Assault, and victims organizations. According to the
Consumer Attorneys of California, "Sexual offenders should not
be allowed to escape prosecution because their victims suffer
such irreparable physical and mental damage that they are
unable to alert the authorities within the requisite statute
of limitations. SB 926 extends the statute of limitations for
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adult survivors from age 28 to age 40, allowing these victims
to have additional time to recognize and understand their
psychological trauma so they can seek prosecution. This
extension of the statute of limitations is necessary as
medical research now acknowledges that trauma suffered by
victims of childhood sex abuse can result in memory loss,
which severely affects the victim's ability to report this
crime."
5)Opposition is primarily from the defense bar. According to the
CA Attorneys for Criminal Justice, "?California has already
recently addressed the specific issues surrounding delayed
disclosure of sex crimes by minor victims. In 2005, SB 111
(Alquist) created the window that allows specified sex
offenses alleged to have been committed when the victim was
under the age of 18 to be commenced any time prior to the
victim's 28th birthday. This provision went into effect
January 1, 2006. There is little evidence that this provision
is ineffective.
"Additionally, current law already provides for an extension of
the statute of limitations in specified circumstances. For
example, a prosecution may commence within one year following
the identity of an accused through DNA, even if the 10 year
statute of limitations has long expired.
"Finally, Penal Code, � 803(f) provides that a number of sex
crimes committed against minor victims may be brought 'within
one year of the date of a report to a California law
enforcement agency by a person of any age' provided that
independent evidence clearly and convincingly corroborates the
victim's allegation.
6)Related Legislation .
a) SB 924 (Beall), 2014, which extends the civil statute of
limitations involving child sexual abuse occurring after
January 1, 2015, until the plaintiff reaches 40 years of age,
is pending on this committee's Suspense File.
a) SB 131 (Beall), 2013, which extended the statute of
limitations for civil claims based on childhood sexual
abuse, was vetoed.
b) AB 1628 (Beall), 2012, which extended the statute of
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limitations for civil claims based on childhood sexual
abuse, was held on this committee's Suspense File.
c) SB 46 (Alquist), 2009, which eliminated the statute of
limitations for specified sex crimes, failed passage in the
Senate Public Safety Committee.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081