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

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

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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

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BILL NUMBER: SB 951	AMENDED
	BILL TEXT

	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 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. 
   SECTION 1.   SEC. 2.   Section 801.7 is
added to the Penal Code, to read:
   801.7.  Prosecution for conspiracy to commit a crime pursuant to
Section 182 shall be commenced within the time required for the
commencement of prosecution for the underlying crime.