Medical misconduct: misuse of sperm, ova, or embryos: statute of limitations.

Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo provider's signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Except in specified cases, existing law requires that prosecution for a felony be commenced within 3 years after the commission of the offense. This bill would instead require a criminal complaint for those crimes involving the unlawful use or implantation of sperm, ova, or embryos be filed within one year after the discovery of the offense or within one year after the offense could have reasonably been discovered. The bill would apply that one-year statute of limitations to those crimes that are committed on or after January 1, 2021, and to those crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.