Amended in Senate March 28, 2014

Amended in Senate March 25, 2014

Senate Bill No. 951

Introduced by Senator Torres

(Principal coauthor: Assembly Member Rodriguez)

February 6, 2014

An act to add Section 801.7 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete crime end delete begin insert felony end insert to be commenced within the time required for the commencement of prosecution for the underlying crime. 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.

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.  

It is the intent of the Legislature in enacting this
act to abrogate People v. Milstein (2012) 211 Cal.App.4th 1158
to the extent that it holds that prosecution for the crime of
conspiracy to commit a felony must commence within three years.
This measure is not intended to undermine the proposition that the
period of limitation for conspiracy commences to run with the last
overt act committed in furtherance of the conspiracy.

SEC. 2.  

Section 801.7 is added to the Penal Code, to read:

801.7.  

Prosecution for conspiracy to commit a begin delete crime end delete begin insert felony end insert
pursuant to Section 182 shall be commenced within the time
required for the commencement of prosecution for the underlying
crime.