SB 951, as amended, Torres. Statute of limitations: conspiracy.
Existing law requires that prosecutions for specified offenses begin within a prescribed period of time based on the term of the sentence for the crime. Under existing law, conspiracy to commit a crime is punishable as a felony, as prescribed, but in most cases in the same manner as is provided for punishment of the underlying felony.
This bill would require a prosecution for conspiracy to commit a crime to be commenced within the time required for the commencement of prosecution for the underlying crime.begin insert The bill would also specify the intent of the Legislature that the measure abrogate a prior judicial holding that prosecution for the crime of conspiracy to commit a felony must commence within 3 years.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this
2act to abrogate People v. Milstein (2012) 211 Cal.App.4th 1158
3to the extent that it holds that prosecution for the crime of
4conspiracy to commit a felony must commence within three years.
P2 1This measure is not intended to undermine the proposition that
2the period of limitation for conspiracy commences to run with the
3last overt act committed in furtherance of the conspiracy.
Section 801.7 is added to the Penal Code, to read:
Prosecution for conspiracy to commit a crime pursuant
7to Section 182 shall be commenced within the time required for
8the commencement of prosecution for the underlying crime.
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