Sex offenses: statute of limitations.
Summary
Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Under existing law, prosecution for the crimes of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, if committed against a victim who was under 18 years of age, may be commenced at any time prior to the victim's 40th birthday. Existing law allows prosecution of an offense punishable by death or by imprisonment for life or for life without the possibility of parole, or for the embezzlement of public money, to be commenced at any time. This bill would allow the prosecution of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, that are committed under certain circumstances, as specified, to be commenced at any time. The bill would apply to these crimes committed after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 1088, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2016
Committee Review
Aug 2016
Senate Passage
Jun 2016
Assembly Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Jan 4, 2016
Signed Sep 28, 2016
Floor votes · Senate Jun 1, 2016 · Assembly Aug 18, 2016
How they voted
28–0
Passed · 5 other
Total votes 33
Jun 1, 2016
D
Democratic23
82% Yea
R
Republican10
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
6
Committee
7
Amendments
1
Sep 28, 2016
Signed into law
Approved by the Governor.
legislature
Aug 30, 2016
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5526.) Ordered to engrossing and enrolling.
upper
Aug 30, 2016
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 18, 2016
Assembly · Passed
Assembly Vote: pass (69-0-2)
assembly
Jun 22, 2016
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 0.) (June 21).
lower
Jun 9, 2016
Committee
Referred to Com. on PUB. S.
lower
Jun 1, 2016
Senate · Passed
Senate Vote: pass (28-0-5)
senate
May 27, 2016
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 3997.) (May 27).
upper
Apr 13, 2016
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3521.) (April 12). Re-referred to Com. on APPR.
upper
Mar 31, 2016
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Jan 28, 2016
Committee
Referred to Coms. on PUB. S. and APPR.
upper
Jan 4, 2016
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 14 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Connie M. Leyva
DDemocratic
Co
Anthony Cannella
RRepublican
Co
Autumn R. Burke
DDemocratic
Co
DW
Das Williams
DDemocratic
Co
Fran Pavley
DDemocratic
Co
Jean Fuller
RRepublican
Co
Jim Beall
DDemocratic
Co
Jim Nielsen
RRepublican
Co
Joel Anderson
RRepublican
Co
John M. W. Moorlach
RRepublican
Co
Marty Block
DDemocratic
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