Bill Text: CA SB308 | 2011-2012 | Regular Session | Introduced

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Bill Title: Crime.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB308 Detail]

Download: California-2011-SB308-Introduced.html

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BILL NUMBER: SB 308	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        FEBRUARY 14, 2011

   An act to amend Section 799 of the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 308, as introduced, Cannella. Crime.
   Existing law provides that an accessory to a crime is punishable
by a fine not exceeding $5,000, imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison. Existing
law provides that prosecution for an offense punishable by
imprisonment in the state prison shall be commenced within 3 years
after commission of the offense and that prosecution for an offense
not punishable by death or imprisonment in the state prison shall be
commenced within one year after commission of the offense.
   Existing law provides that prosecution for murder may be commenced
at any time.
   This bill would provide that prosecution of an accessory to murder
may be commenced within 10 years after commission of the offense.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 799 of the Penal Code is amended to read:
   799.  Prosecution for an offense punishable by death or by
imprisonment in the state prison for life or for life without the
possibility of parole, or for the embezzlement of public money, may
be commenced at any time.
   This section shall apply in any case in which the defendant was a
minor at the time of the commission of the offense and the
prosecuting attorney could have petitioned the court for a fitness
hearing pursuant to Section 707 of the Welfare and Institutions Code.

   Notwithstanding Sections 801 and 802, prosecution of an accessory
to murder shall be commenced within 10 years after commission of the
offense.