Bill Text: CA AB2295 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes: commencement of prosecution.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 825, Statutes of 2024. [AB2295 Detail]

Download: California-2023-AB2295-Amended.html

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Amended  IN  Assembly  April 25, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2295

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Introduced by Assembly Member Addis
(Coauthors: Assembly Members Pellerin, Petrie-Norris, and Sanchez)
(Coauthor: Senator Min)

February 12, 2024

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An act to amend Section 801.1 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2295, as amended, Addis. Crimes: commencement of prosecution.

Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victim’s 40th birthday.

This bill would allow the prosecution of these specified sex offenses to be commenced at any time, as specified. on or after the victim’s 40th birthday if specified conditions are met, including, among other things, if the criminal complaint is filed within one year of the date of a report to a California law enforcement agency and there is independent evidence that clearly and convincingly corroborates the victim’s allegation.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 801.1 of the Penal Code is amended to read:

801.1.

 (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday.

(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.

(3) (A) Notwithstanding paragraphs (1) and (2), prosecution for crimes described in paragraph (1) may also be commenced on or after the victim’s 40th birthday for crimes that were committed on or after January 1, 2025, or for which the statute of limitations that was in effect prior to January 1, 2025, has not run as of January 1, 2025.

(B) This paragraph applies only if all of the following occur:

(i) The limitation period specified in Section 800 or 801, whichever is later, has expired.

(ii) The criminal complaint is filed within one year of the date of a report to a California law enforcement agency by a person.

(iii) The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066.

(iv) There is independent evidence that clearly and convincingly corroborates the victim’s allegation.

(C) If the requirements in paragraph (B) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.

(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.