AB 2758

Introduced by Assembly Member Addis
 An act to amend Section 801.1 of the Penal Code, relating to criminal procedure.
criminal procedure
Criminal procedure: statute of limitations.
Existing law requires, except in specified cases, that prosecution for an offense punishable by imprisonment in the state prison or pursuant to a specified statute be commenced within 3 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age to be punished by imprisonment in the state prison or in a county jail for not more than one year.
Existing law requires specified felony sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victim’s 40th birthday when the crime was committed on or after January 1, 2015, or for which the previous statute of limitations has not run as of January 1,
		2015.
This bill would make a technical, nonsubstantive change to those provisions.
The people of the State of California do enact as follows:
SECTION 1.
Section 801.1 of the
Penal Code
 is amended to read:
801.1.
(a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced before the victim’s 40th birthday.
(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for
				  which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.
(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.
(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.