Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2878

Introduced by Assembly Member Gabriel

February 15, 2024

An act to amend Section 829.7 of the Penal Code, relating to code enforcement officers. Sections 801 and 801.5 of the Penal Code, relating to prosecution of offenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 2878, as amended, Gabriel. Code enforcement officers: safety standards. Statute of limitations: Pandemic Unemployment Assistance fraud.
Existing law prescribes the time after the commission of a crime in which a criminal action is required to be commenced, referred to as a statute of limitations. Existing law provides that prosecution for unauthorized use of personal identifying information shall be commenced within 3 years after the commission of the offense. Existing law provides that prosecution for offenses, including grand theft and insurance fraud, shall be commenced within 4 years after discovery of the offense, or within 4 years after completion of the offense, whichever is later.
For offenses involving Pandemic Unemployment Assistance fraud through the Employment Development Department, this bill would extend the statute of limitations for each of the above-described prosecutions to 12 years.

Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified. Existing law requires each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed in their jurisdiction.

This bill would make a technical, nonsubstantive change to this provision.

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

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


SECTION 1.

 Section 801 of the Penal Code is amended to read:

801.
 (a) Except as provided in Sections 799 and 800, 800 and subdivision (b), prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.
(b) Prosecution for any offense described in Section 530.5 involving Pandemic Unemployment Assistance fraud through the Employment Development Department where the offender accessed state unemployment insurance funds between March 19, 2020, and December 31, 2022, shall be commenced within 12 years after commission of the offense.

SEC. 2.

 Section 801.5 of the Penal Code is amended to read:

801.5.
 (a) Notwithstanding Section 801 or any other provision of law, and except as provided in subdivision (b), prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.
(b) Prosecution for any offense described in subdivision (c) of Section 803 involving Pandemic Unemployment Assistance fraud through the Employment Development Department where the offender accessed state unemployment insurance funds between March 19, 2020, and December 31, 2022, shall be commenced within 12 years after discovery of the commission of the offense, or within 12 years after the completion of the offense, whichever is later.

SECTION 1.Section 829.7 of the Penal Code is amended to read:
829.7.

A local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction.