Senate Bill No. 950

Introduced by Senator Torres

February 6, 2014

An act to amend Section 803 of the Penal Code, relating to bribery.

LEGISLATIVE COUNSEL’S DIGEST

SB 950, as introduced, Torres. Bribery: statute of limitations: tolling.

Existing law establishes limitations on the time for commencing criminal actions, with certain exceptions. Under existing law the limitation of time prescribed for certain specified crimes, including the acceptance of a bribe by a public official or public employee, does not commence to run until the discovery of the offense.

This bill would likewise toll the limitation on the time for commencing criminal actions until the discovery of an offense of giving or offering a bribe to a public official or public employee.

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

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

SECTION 1.  

Section 803 of the Penal Code is amended to
read:

803.  

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

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

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

(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.

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

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

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

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

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

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

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

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

(10) A violation of Section 529a.

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

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

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

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

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

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

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

(C) 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.

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

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

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

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

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

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

(B) 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.

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

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

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

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

begin insert

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

end insert