Bill Text: CA SB951 | 2013-2014 | Regular Session | Amended

California Senate Bill 951 (Prior Session Legislation)

Bill Title: Statute of limitations: conspiracy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB951 Detail]

Download: California-2013-SB951-Amended.html

BILL NUMBER: SB 951	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2014
	AMENDED IN SENATE  MARCH 25, 2014

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
 crime   felony  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  crime
  felony  pursuant to Section 182 shall be
commenced within the time required for the commencement of
prosecution for the underlying crime.