Bill Text: CA SB1088 | 2015-2016 | Regular Session | Enrolled
Bill Title: Wrongful concealment: statute of limitations.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1088 Detail]
Download: California-2015-SB1088-Enrolled.html
BILL NUMBER: SB 1088 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senators Nguyen and Bates
(Coauthors: Senators Fuller, Galgiani, and Nielsen)
(Coauthors: Assembly Members Brough and Wagner)
FEBRUARY 17, 2016
An act to amend Section 803 of the Penal Code, relating to
wrongful concealment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1088, Nguyen. Wrongful concealment: statute of limitations.
Existing law makes it a misdemeanor for a person who has knowledge
of an accidental death to actively conceal or attempt to conceal
that death. Existing law provides that the punishment for that
offense is imprisonment in a county jail for not more than one year,
or by a fine of not less than $1,000 nor more than $10,000, or by
both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute
crimes. Except as otherwise specified, prosecution for an offense
that is not punishable by death or imprisonment in the state prison
is required to be commenced within one year after commission of the
offense. Existing law provides that for certain offenses, the
prescribed limitation of time does not commence to run until the
discovery of the offense. Existing law also provides that for other
offenses, the criminal complaint may be filed within one year after
the person is initially identified by law enforcement as a suspect in
the commission of the crime, as specified.
This bill would provide that for the offense of actively
concealing or attempting to conceal an accidental death, as described
above, a criminal complaint may be filed within one year after the
person is initially identified by law enforcement as a suspect in the
commission of the offense.
This bill would incorporate changes to Section 803 of the Penal
Code proposed by both this bill and SB 813, which would become
operative only if both bills are enacted and become effective on or
before January 1, 2017, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 803 of the Penal Code is amended to read:
803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison or imprisonment pursuant to
subdivision (h) of Section 1170, a material element of which is fraud
or breach of a fiduciary obligation, the commission of the crimes of
theft or embezzlement upon an elder or dependent adult, or the basis
of which is misconduct in office by a public officer, employee, or
appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of, or asking, receiving, or agreeing to
receive, a bribe, by a public official or a public employee,
including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under 18 years of
age, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of
the Statutes of 1991 relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
(C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
(3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
(4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
(B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
(A) The crime is one that is described in subdivision (c) of
Section 290.
(B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
(2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.
(i) Notwithstanding any other limitation of time described in this
chapter, a criminal complaint may be filed within one year of the
date on which a hidden recording is discovered related to a violation
of paragraph (2) or (3) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident that caused
death or permanent, serious injury, as defined in subdivision (d) of
Section 20001 of the Vehicle Code, a criminal complaint brought
pursuant to paragraph (2) of subdivision (b) of Section 20001 of the
Vehicle Code may be filed within the applicable time period described
in Section 801 or 802 or one year after the person is initially
identified by law enforcement as a suspect in the commission of the
offense, whichever is later, but in no case later than six years
after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident, a criminal
complaint brought pursuant to paragraph (1) or (2) of subdivision (c)
of Section 192 may be filed within the applicable time period
described in Section 801 or 802, or one year after the person is
initially identified by law enforcement as a suspect in the
commission of that offense, whichever is later, but in no case later
than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense involving the
offering or giving of a bribe to a public official or public
employee, including, but not limited to, a violation of Section 67,
67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education
Code.
(m) Notwithstanding any other limitation of time prescribed in
this chapter, if a person actively conceals or attempts to conceal an
accidental death in violation of Section 152, a criminal complaint
may be filed within one year after the person is initially identified
by law enforcement as a suspect in the commission of that offense.
SEC. 1.5. Section 803 of the Penal Code is amended to read:
803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison or imprisonment pursuant to
subdivision (h) of Section 1170, a material element of which is fraud
or breach of a fiduciary obligation, the commission of the crimes of
theft or embezzlement upon an elder or dependent adult, or the basis
of which is misconduct in office by a public officer, employee, or
appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of, or asking, receiving, or agreeing to
receive, a bribe, by a public official or a public employee,
including, but not limited to, a violation of Section 68, 86, or 93.
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(11) A violation of subdivision (d) or (e) of Section 368.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
(f) (1) Notwithstanding any other limitation of time described in
this chapter, if subdivision (b) of Section 799 does not apply, a
criminal complaint may be filed within one year of the date of a
report to a California law enforcement agency by a person of any age
alleging that he or she, while under 18 years of age, was the victim
of a crime described in Section 261, 286, 288, 288a, 288.5, or 289,
or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991
relating to penetration by an unknown object.
(2) This subdivision applies only if all of the following occur:
(A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
(B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
(C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
(3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
(4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
(B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
(C) This subdivision shall not apply if a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
(g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
(A) The crime is one that is described in subdivision (c) of
Section 290.
(B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
(2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
(h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.
(i) Notwithstanding any other limitation of time described in this
chapter, a criminal complaint may be filed within one year of the
date on which a hidden recording is discovered related to a violation
of paragraph (2) or (3) of subdivision (j) of Section 647.
(j) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident that caused
death or permanent, serious injury, as defined in subdivision (d) of
Section 20001 of the Vehicle Code, a criminal complaint brought
pursuant to paragraph (2) of subdivision (b) of Section 20001 of the
Vehicle Code may be filed within the applicable time period described
in Section 801 or 802 or one year after the person is initially
identified by law enforcement as a suspect in the commission of the
offense, whichever is later, but in no case later than six years
after the commission of the offense.
(k) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident, a criminal
complaint brought pursuant to paragraph (1) or (2) of subdivision (c)
of Section 192 may be filed within the applicable time period
described in Section 801 or 802, or one year after the person is
initially identified by law enforcement as a suspect in the
commission of that offense, whichever is later, but in no case later
than six years after the commission of the offense.
(l) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense involving the
offering or giving of a bribe to a public official or public
employee, including, but not limited to, a violation of Section 67,
67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education
Code.
(m) Notwithstanding any other limitation of time prescribed in
this chapter, if a person actively conceals or attempts to conceal an
accidental death in violation of Section 152, a criminal complaint
may be filed within one year after the person is initially identified
by law enforcement as a suspect in the commission of that offense.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 803 of the Penal Code proposed by both this bill and Senate
Bill 813. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2) each
bill amends Section 803 of the Penal Code, and (3) this bill is
enacted after Senate Bill 813, in which case Section 1 of this bill
shall not become operative.
