BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 950|
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THIRD READING
Bill No: SB 950
Author: Torres (D)
Amended: 3/20/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/1/14
AYES: Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Bribery: statute of limitations: tolling
SOURCE : Author
DIGEST : This bill tolls, until the discovery of the offense,
the statute of limitations for offering a bribe to a public
official or for asking, receiving, or agreeing to receive a
bribe by a public official.
ANALYSIS :
Existing law:
1.Provides that every person who gives or offers any bribe to
any executive officer in this state, with intent to influence
him in respect to any act, decision, vote, opinion, or other
proceeding as such officer, is punishable by imprisonment in
the state prison for two, three or four years, and is
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disqualified from holding any office in this state.
2.Provides that every person who gives or offers as a bribe to
any ministerial officer, employee, or appointee of the State
of California, county or city therein, or political
subdivision thereof, any thing the theft of which would be
petty theft is guilty of a misdemeanor. If the theft of the
thing given or offered would be grand theft, the offense is a
felony.
3.Provides that every person who gives or offers to give a bribe
to any member of the Legislature, any member of the
legislative body of a city, county, city and county, school
district, or other special district, or to another person for
the member or attempts by menace, deceit, suppression of
truth, or any corrupt means, to influence a member in giving
or withholding his/her vote, or in not attending the house or
any committee of which he/she is a member is guilty of a
felony.
4.Provides that every person who gives or offers to give a bribe
to any judicial officer, juror, referee, arbitrator, or
umpire, or to any person who may be authorized by law to hear
or determine any question of controversy, with intent to
influence his vote, opinion, or decision upon any matter or
question which is or maybe brought before him for decision, is
a felony.
5.Provides that prosecution for an offense punishable by death
or life without the possibility of parole, or for embezzling
public money, may be commenced at any time.
6.Provides that offering of any valuable thing to any member of
the governing board of any school district, with the intent to
influence his action in regard to the granting of any
teacher's certificate, the appointment of any teacher,
superintendent, or other officer or employee, the adoption of
any textbook, or the making of any contract to which the board
of which he is a member is a party, or the acceptance by any
member of the governing board of any valuable thing, with
corrupt intent, is a misdemeanor.
7.Provides that the offering of any valuable thing to any member
of the governing board of any community college district, with
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the intent to influence his/her action in regard to the
granting of any instructor's certificate, the appointment of
any instructor, superintendent, or other officer or employee,
the adoption of any textbook, or the making of any contract to
which the board of which he/she is a member is a party, or the
acceptance by any member of the governing board of any
valuable thing, with corrupt intent, is a misdemeanor.
Provides that for specified offenses the statute of
limitations does not commence to run until the discovery of
the offense. These offenses include: grand theft; forgery;
perjury; filing false reports; money laundering; conflict of
interest; fraud against an elder; insurance fraud; medical
fraud; and acceptance of a bribe by a public official or a
public employee.
This bill:
1.Tolls the limitation until discovery of an action for a crime
of asking, receiving, or agreeing to receive a bribe by a
public official or a public employee.
2.Tolls the statute of limitations until the discovery of an
offense of giving or offering a bribe to a public official or
a public employee.
Comments
According to the author, "Senate Bill 950 tolls the statute of
limitations for giving or offering a bribe to a public official
or public employee. California's bribery laws are in need of
updating. As local governments struggle to stay out of the red
during challenging economic times and avoid bankruptcy,
California residents are entitled to equip prosecutors with all
necessary charging tools to prevent, pursue and prosecute the
theft of public funds or bribery of public officials. Current
law establishes statute of limitations for commencing criminal
actions for certain crimes, including the acceptance of a bribe
by a public official or public employee."
Related Legislation
SB 951 (Torres) provides that prosecution for conspiracy shall
be commenced within the time required for the commencement of
prosecution for the underlying crime.
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SB 952 (Torres) prohibits an individual from aiding or abetting
a public officer or person in violating existing governmental
conflict of interest codes and extends existing penalties to
also apply to the individual who willfully aids or abets, as
specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee:
Future state costs potentially in excess of $150,000 (General
Fund) for new commitments to state prison that otherwise would
not have occurred in the absence of the tolling and extension
of the statute of limitations for specified offenses.
Potential increase in state court costs in excess of $100,000
(General Fund*) to the extent the tolling and extension of the
statute of limitations for prosecution of specified offenses
results in additional criminal actions.
*Trial Court Trust Fund
SUPPORT : (Verified 5/23/14)
California District Attorneys Association
JG:nk 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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