SOL vs. perp, employer: +8 years from majority = Age 26

Majority Tolling: Age 18
Discovery Tolling: Liberal (+3 years)

Age of Consent: 16

As of January 1, 2015: Up to Age 40
Before January 1, 2015: Up to Age 28

Deutsch v. Masonic Homes of California, Inc., 80 Cal. Rptr. 3d 368 (Cal.  Ct. App. 2008). http://sol-reform.com/masonic.pdf

2015 Pending Legislation

SB 813
http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0801-0850/sb_813_bill_20160331_amended_sen_v98.htm

Amended in Senate March 31, 2016

Senate Bill No. 813


Introduced by Senator Leyva

(Principal coauthor: Senator Pavley)

(Principal coauthors: Assembly Members Burke, Gipson, and Williams)

(Coauthors: Assembly Members Chávez and Lackey)

January 4, 2016


An act to amend Sectionsbegin delete 680,end delete 799, 801.1, and 803 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 813, as amended, Leyva. Sex offenses: statute of limitations.

Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Under existing law, prosecution for the crimes of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, if committed against a victim who was under 18 years of age, may be commenced at any time prior to the victim’s 40th birthday. Existing law allows prosecution of an offense punishable by death or by imprisonment for life or for life without the possibility of parole, or for the embezzlement of public money, to be commenced at any time.

This bill would allow the prosecution of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration,begin insert that are committed under certain circumstances,end insert as specified, to be commenced at any time. The bill would apply to these crimes committed after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

P2    1

SECTION 1.

Section 680 of the Penal Code is amended to
2read:

3

680.

(a) This section shall be known as and may be cited as
4the “Sexual Assault Victims’ DNA Bill of Rights.”

5(b) The Legislature finds and declares all of the following:

6(1) Deoxyribonucleic acid (DNA) and forensic identification
7analysis is a powerful law enforcement tool for identifying and
8prosecuting sexual assault offenders.

9(2) Existing law requires an adult arrested for or charged with
10a felony and a juvenile adjudicated for a felony to submit DNA
11samples as a result of that arrest, charge, or adjudication.

12(3) Victims of sexual assaults have a strong interest in the
13 investigation and prosecution of their cases.

14(4) Law enforcement agencies have an obligation to victims of
15sexual assaults in the proper handling, retention, and timely DNA
16testing of rape kit evidence or other crime scene evidence and to
17be responsive to victims concerning the developments of forensic
18testing and the investigation of their cases.

19(5) The growth of the Department of Justice’s Cal-DNA
20databank and the national databank through the Combined DNA
21Index System (CODIS) makes it possible for many sexual assault
22perpetrators to be identified after their first offense, provided that
23rape kit evidence is analyzed in a timely manner.

24(6) Timely DNA analysis of rape kit evidence is a core public
25safety issue affecting men, women, and children in the State of
26California. It is the intent of the Legislature, in order to further
27public safety, to encourage DNA analysis of rape kit evidence
28within the time limits imposed by subparagraphs (A) and (B) of
29paragraph (1) of subdivision (f) of Section 803.

30(7) In order to ensure that sexual assault forensic evidence is
31analyzed within the two-year timeframe required by subparagraphs
32(A) and (B) of paragraph (1) of subdivision (f) of Section 803 and
33to ensure the longest possible statute of limitations for sex offenses,
34including sex offenses designated pursuant to those subparagraphs,
35the following should occur:

P3    1(A) A law enforcement agency in whose jurisdiction a sex
2offense specified in Section 261, 261.5, 262, 286, 288a, or 289
3occurred, should do one of the following for any sexual assault
4forensic evidence received by the law enforcement agency on or
5after January 1, 2016:

6(i) Submit sexual assault forensic evidence to the crime lab
7within 20 days after it is booked into evidence.

8(ii) Ensure that a rapid turnaround DNA program is in place to
9submit forensic evidence collected from the victim of a sexual
10assault directly from the medical facility where the victim is
11examined to the crime lab within five days after the evidence is
12obtained from the victim.

13(B) The crime lab should do one of the following for any sexual
14assault forensic evidence received by the crime lab on or after
15January 1, 2016.

16(i) Process sexual assault forensic evidence, create DNA profiles
17when able, and upload qualifying DNA profiles into CODIS as
18soon as practically possible, but no later than 120 days after initially
19receiving the evidence.

20(ii) Transmit the sexual assault forensic evidence to another
21crime lab as soon as practically possible, but no later than 30 days
22after initially receiving the evidence, for processing of the evidence
23for the presence of DNA. If a DNA profile is created, the
24transmitting crime lab should upload the profile into CODIS as
25soon as practically possible, but no longer than 30 days after being
26notified about the presence of DNA.

27(C) This subdivision does not require a lab to test all items of
28forensic evidence obtained in a sexual assault forensic evidence
29examination. A lab is considered to be in compliance with the
30guidelines of this section when representative samples of the
31evidence are processed by the lab in an effort to detect the foreign
32DNA of the perpetrator.

33(D) This section does not require a DNA profile to be uploaded
34into CODIS if the DNA profile does not meet federal guidelines
35regarding the uploading of DNA profiles into CODIS.

36(E) For purposes of this section, a “rapid turnaround DNA
37program” is a program for the training of sexual assault team
38personnel in the selection of representative samples of forensic
39evidence from the victim to be the best evidence, based on the
40medical evaluation and patient history, the collection and
P4    1preservation of that evidence, and the transfer of the evidence
2directly from the medical facility to the crime lab, which is adopted
3pursuant to a written agreement between the law enforcement
4agency, the crime lab, and the medical facility where the sexual
5assault team is based.

6(8) For the purpose of this section, “law enforcement” means
7the law enforcement agency with the primary responsibility for
8investigating an alleged sexual assault.

9(c) (1) Upon the request of a sexual assault victim, the law
10enforcement agency investigating a violation of Section 261, 261.5,
11262, 286, 288a, or 289 may inform the victim of the status of the
12DNA testing of the rape kit evidence or other crime scene evidence
13from the victim’s case. The law enforcement agency may, at its
14discretion, require that the victim’s request be in writing. The law
15enforcement agency may respond to the victim’s request with
16either an oral or written communication, or by email, if an email
17address is available. Nothing in this subdivision requires that the
18law enforcement agency communicate with the victim or the
19victim’s designee regarding the status of DNA testing absent a
20specific request from the victim or the victim’s designee.

21(2) Subject to the commitment of sufficient resources to respond
22to requests for information, sexual assault victims have the
23following rights:

24(A) The right to be informed whether or not a DNA profile of
25the assailant was obtained from the testing of the rape kit evidence
26or other crime scene evidence from their case.

27(B) The right to be informed whether or not the DNA profile
28of the assailant developed from the rape kit evidence or other crime
29scene evidence has been entered into the Department of Justice
30Data Bank of case evidence.

31(C) The right to be informed whether or not there is a match
32between the DNA profile of the assailant developed from the rape
33kit evidence or other crime scene evidence and a DNA profile
34contained in the Department of Justice Convicted Offender DNA
35Data Base, provided that disclosure would not impede or
36compromise an ongoing investigation.

37(3) This subdivision is intended to encourage law enforcement
38agencies to notify victims of information which is in their
39possession. It is not intended to affect the manner of or frequency
P5    1with which the Department of Justice provides this information to
2law enforcement agencies.

3(d) If the law enforcement agency does not analyze DNA
4evidence within six months prior to the time limits established by
5subparagraphs (A) and (B) of paragraph (1) of subdivision (f) of
6Section 803, a victim of a sexual assault offense specified in
7Section 261, 261.5, 262, 286, 288a, or 289 shall be informed, either
8orally or in writing, of that fact by the law enforcement agency.

9(e) If the law enforcement agency intends to destroy or dispose
10of rape kit evidence or other crime scene evidence from an
11unsolved sexual assault case prior to the expiration of the statute
12of limitations as set forth in Section 803, a victim of a violation
13of Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
14notification by the law enforcement agency of that intention.

15(f) Written notification under subdivision (d) or (e) shall be
16made at least 60 days prior to the destruction or disposal of the
17rape kit evidence or other crime scene evidence from an unsolved
18sexual assault case where the election not to analyze the DNA or
19 the destruction or disposal occurs prior to the expiration of the
20statute of limitations specified in subdivision (f) of Section 803.

21(g) A sexual assault victim may designate a sexual assault victim
22advocate, or other support person of the victim’s choosing, to act
23as a recipient of the above information required to be provided by
24this section.

25(h)  It is the intent of the Legislature that a law enforcement
26agency responsible for providing information under subdivision
27(c) do so in a timely manner and, upon request of the victim or the
28victim’s designee, advise the victim or the victim’s designee of
29any significant changes in the information of which the law
30enforcement agency is aware. In order to be entitled to receive
31notice under this section, the victim or the victim’s designee shall
32keep appropriate authorities informed of the name, address,
33telephone number, and email address of the person to whom the
34information should be provided, and any changes of the name,
35address, telephone number, and email address, if an email address
36is available.

37(i) A defendant or person accused or convicted of a crime against
38the victim shall have no standing to object to any failure to comply
39with this section. The failure to provide a right or notice to a sexual
P6    1assault victim under this section may not be used by a defendant
2to seek to have the conviction or sentence set aside.

3(j) The sole civil or criminal remedy available to a sexual assault
4victim for a law enforcement agency’s failure to fulfill its
5responsibilities under this section is standing to file a writ of
6 mandamus to require compliance with subdivision (d) or (e).

end delete

7

begin deleteSEC. 2.end delete
8
begin insertSECTION 1.end insert

Section 799 of the Penal Code is amended to read:

9

799.

(a) Prosecution for an offense punishable by death or by
10imprisonment in the state prison for life or for life without the
11possibility of parole, or for the embezzlement of public money,
12may be commenced at any time.

begin delete

13(b) Prosecution for a felony offense described in Section 261,
14286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by
15Chapter 293 of the Statutes of 1991 relating to penetration by an
16unknown object, may be commenced at any time. This subdivision
17applies to crimes that were committed on or after January 1, 2017,
18and to crimes for which the statute of limitations that was in effect
19prior to January 1, 2017, has not run as of January 1, 2017.

end delete begin insert

20
(b) (1) Prosecution for a felony offense described in paragraph
21(1), (2), (3), (4), (6) or (7) of subdivision (a) of Section 261,
22paragraph (1), (2), (3), (4), or (5) of subdivision (a) of Section
23262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or
24subdivision (d), (f), (g), (i), or (k) of, Section 286, subdivision (a)
25of Section 288 involving substantial sexual conduct as defined by
26in subdivision (b) of Section 1203.066, subdivision (b) of Section
27288, Section 288.5, paragraph (2) or (3) of subdivision (c) of, or
28subdivision (d), (f), (g), (i), or (k) of, Section 288a, or subdivision
29(a), (b), (d), (e), or (g) of Section 289 may be commenced at any
30time.

end insertbegin insert

31
(2) This subdivision applies to crimes that were committed on
32or after January 1, 2017, and to crimes for which the statute of
33limitations that was in effect prior to January 1, 2017, has not run
34as of January 1, 2017.

end insert

35(c) This section shall apply in any case in which the defendant
36was a minor at the time of the commission of the offense and the
37prosecuting attorney could have petitioned the court for a fitness
38hearing pursuant to Section 707 of the Welfare and Institutions
39Code.

40begin insert

begin insertSEC. 2.end insert

end insertbegin insertSection 801.1 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

P7    1

801.1.

(a) (1) Notwithstanding any other limitation of time
2described in this chapter, prosecution for a felony offense described
3in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5,
4as enacted by Chapter 293 of the Statutes of 1991 relating to
5penetration by an unknown object, that is alleged to have been
6committed when the victim was under 18 years of age, may be
7commenced any time prior to the victim’s 40th birthday.

8(2) Paragraph (1) shall only apply to crimes that were committed
9on or after January 1, 2015, or for which the statute of limitations
10that was in effect prior to January 1, 2015, has not run as of January
111, 2015.

12(b) Notwithstanding any other limitation of time described in
13this chapter, ifbegin insert eitherend insert subdivision (a)begin insert of this section or subdivision
14(b) of Section 799end insert
does not apply, prosecution for a felony offense
15described in subdivision (c) of Section 290 shall be commenced
16within 10 years after commission of the offense.

17begin insert

begin insertSEC. 3.end insert

end insertbegin insertSection 803 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

18

803.

(a) Except as provided in this section, a limitation of time
19prescribed in this chapter is not tolled or extended for any reason.

20(b) No time during which prosecution of the same person for
21the same conduct is pending in a court of this state is a part of a
22limitation of time prescribed in this chapter.

23(c) A limitation of time prescribed in this chapter does not
24commence to run until the discovery of an offense described in
25this subdivision. This subdivision applies to an offense punishable
26by imprisonment in the state prison or imprisonment pursuant to
27subdivision (h) of Section 1170, a material element of which is
28fraud or breach of a fiduciary obligation, the commission of the
29crimes of theft or embezzlement upon an elder or dependent adult,
30or the basis of which is misconduct in office by a public officer,
31employee, or appointee, including, but not limited to, the following
32offenses:

33(1) Grand theft of any type, forgery, falsification of public
34records, or acceptance of, or asking, receiving, or agreeing to
35receive, a bribe, by a public official or a public employee,
36including, but not limited to, a violation of Section 68, 86, or 93.

37(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

38(3) A violation of Section 25540, of any type, or Section 25541
39of the Corporations Code.

P8    1(4) A violation of Section 1090 or 27443 of the Government
2Code.

3(5) Felony welfare fraud or Medi-Cal fraud in violation of
4Section 11483 or 14107 of the Welfare and Institutions Code.

5(6) Felony insurance fraud in violation of Section 548 or 550
6of this code or former Section 1871.1, or Section 1871.4, of the
7Insurance Code.

8(7) A violation of Section 580, 581, 582, 583, or 584 of the
9Business and Professions Code.

10(8) A violation of Section 22430 of the Business and Professions
11Code.

12(9) A violation of Section 103800 of the Health and Safety
13Code.

14(10) A violation of Section 529a.

15(11) A violation of subdivision (d) or (e) of Section 368.

16(d) If the defendant is out of the state when or after the offense
17is committed, the prosecution may be commenced as provided in
18Section 804 within the limitations of time prescribed by this
19chapter, and no time up to a maximum of three years during which
20the defendant is not within the state shall be a part of those
21limitations.

22(e) A limitation of time prescribed in this chapter does not
23commence to run until the offense has been discovered, or could
24have reasonably been discovered, with regard to offenses under
25Division 7 (commencing with Section 13000) of the Water Code,
26under Chapter 6.5 (commencing with Section 25100) of, Chapter
276.7 (commencing with Section 25280) of, or Chapter 6.8
28(commencing with Section 25300) of, Division 20 of, or Part 4
29(commencing with Section 41500) of Division 26 of, the Health
30and Safety Code, or under Section 386, or offenses under Chapter
315 (commencing with Section 2000) of Division 2 of, Chapter 9
32(commencing with Section 4000) of Division 2 of, Section 6126
33of, Chapter 10 (commencing with Section 7301) of Division 3 of,
34or Chapter 19.5 (commencing with Section 22440) of Division 8
35of, the Business and Professions Code.

36(f) (1) Notwithstanding any other limitation of time described
37in this chapter,begin insert if subdivision (b) of Section 799 does not apply,end insert a
38criminal complaint may be filed within one year of the date of a
39report to a California law enforcement agency by a person of any
40age alleging that he or she, while under 18 years of age, was the
P9    1victim of a crime described in Section 261, 286, 288, 288a, 288.5,
2or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes
3of 1991 relating to penetration by an unknown object.

4(2) This subdivision applies only if all of the following occur:

5(A) The limitation period specified in Section 800, 801, or 801.1,
6whichever is later, has expired.

7(B) The crime involved substantial sexual conduct, as described
8in subdivision (b) of Section 1203.066, excluding masturbation
9that is not mutual.

10(C) There is independent evidence that corroborates the victim’s
11allegation. If the victim was 21 years of age or older at the time
12of the report, the independent evidence shall clearly and
13convincingly corroborate the victim’s allegation.

14(3) No evidence may be used to corroborate the victim’s
15allegation that otherwise would be inadmissible during trial.
16Independent evidence does not include the opinions of mental
17health professionals.

18(4) (A) In a criminal investigation involving any of the crimes
19listed in paragraph (1) committed against a child, when the
20applicable limitations period has not expired, that period shall be
21tolled from the time a party initiates litigation challenging a grand
22jury subpoena until the end of the litigation, including any
23associated writ or appellate proceeding, or until the final disclosure
24of evidence to the investigating or prosecuting agency, if that
25disclosure is ordered pursuant to the subpoena after the litigation.

26(B) Nothing in this subdivision affects the definition or
27applicability of any evidentiary privilege.

28(C) This subdivision shall not apply if a court finds that the
29grand jury subpoena was issued or caused to be issued in bad faith.

30(g) (1) Notwithstanding any other limitation of time described
31in this chapter, a criminal complaint may be filed within one year
32of the date on which the identity of the suspect is conclusively
33established by DNA testing, if both of the following conditions
34are met:

35(A) The crime is one that is described in subdivision (c) of
36Section 290.

37(B) The offense was committed prior to January 1, 2001, and
38biological evidence collected in connection with the offense is
39analyzed for DNA type no later than January 1, 2004, or the offense
40was committed on or after January 1, 2001, and biological evidence
P10   1collected in connection with the offense is analyzed for DNA type
2no later than two years from the date of the offense.

3(2) For purposes of this section, “DNA” means deoxyribonucleic
4acid.

5(h) For any crime, the proof of which depends substantially
6upon evidence that was seized under a warrant, but which is
7unavailable to the prosecuting authority under the procedures
8described in People v. Superior Court (Laff) (2001) 25 Cal.4th
9703, People v. Superior Court (Bauman & Rose) (1995) 37
10Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
11claims of evidentiary privilege or attorney work product, the
12limitation of time prescribed in this chapter shall be tolled from
13the time of the seizure until final disclosure of the evidence to the
14prosecuting authority. Nothing in this section otherwise affects
15the definition or applicability of any evidentiary privilege or
16attorney work product.

17(i) Notwithstanding any other limitation of time described in
18this chapter, a criminal complaint may be filed within one year of
19the date on which a hidden recording is discovered related to a
20violation of paragraph (2) or (3) of subdivision (j) of Section 647.

21(j) Notwithstanding any other limitation of time described in
22this chapter, if a person flees the scene of an accident that caused
23death or permanent, serious injury, as defined in subdivision (d)
24of Section 20001 of the Vehicle Code, a criminal complaint brought
25pursuant to paragraph (2) of subdivision (b) of Section 20001 of
26the Vehicle Code may be filed within the applicable time period
27 described in Section 801 or 802 or one year after the person is
28initially identified by law enforcement as a suspect in the
29commission of the offense, whichever is later, but in no case later
30than six years after the commission of the offense.

31(k) Notwithstanding any other limitation of time described in
32this chapter, if a person flees the scene of an accident, a criminal
33complaint brought pursuant to paragraph (1) or (2) of subdivision
34(c) of Section 192 may be filed within the applicable time period
35described in Section 801 or 802, or one year after the person is
36initially identified by law enforcement as a suspect in the
37commission of that offense, whichever is later, but in no case later
38than six years after the commission of the offense.

39(l) A limitation of time prescribed in this chapter does not
40commence to run until the discovery of an offense involving the
P11   1offering or giving of a bribe to a public official or public employee,
2including, but not limited to, a violation of Section 67, 67.5, 85,
392, or 165, or Section 35230 or 72530 of the Education Code.

begin delete

4

SEC. 3.

Section 801.1 of the Penal Code is amended to read:

5

801.1.

Notwithstanding any other limitation of time described
6in this chapter, if subdivision (b) of Section 799 does not apply,
7prosecution for a felony offense described in subdivision (c) of
8Section 290 shall be commenced within 10 years after commission
9of the offense.
10

11

SEC. 4.

Section 803 of the Penal Code is amended to read:

12

803.

(a) Except as provided in this section, a limitation of time
13prescribed in this chapter is not tolled or extended for any reason.

14(b) No time during which prosecution of the same person for
15the same conduct is pending in a court of this state is a part of a
16limitation of time prescribed in this chapter.

17(c) A limitation of time prescribed in this chapter does not
18commence to run until the discovery of an offense described in
19this subdivision. This subdivision applies to an offense punishable
20by imprisonment in the state prison or imprisonment pursuant to
21subdivision (h) of Section 1170, a material element of which is
22fraud or breach of a fiduciary obligation, the commission of the
23crimes of theft or embezzlement upon an elder or dependent adult,
24or the basis of which is misconduct in office by a public officer,
25employee, or appointee, including, but not limited to, the following
26offenses:

27(1) Grand theft of any type, forgery, falsification of public
28records, or acceptance of, or asking, receiving, or agreeing to
29receive, a bribe, by a public official or a public employee,
30including, but not limited to, a violation of Section 68, 86, or 93.

31(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.

32(3) A violation of Section 25540, of any type, or Section 25541
33of the Corporations Code.

34(4) A violation of Section 1090 or 27443 of the Government
35Code.

36(5) Felony welfare fraud or Medi-Cal fraud in violation of
37Section 11483 or 14107 of the Welfare and Institutions Code.

P12   1(6) Felony insurance fraud in violation of Section 548 or 550
2of this code or former Section 1871.1, or Section 1871.4, of the
3Insurance Code.

4(7) A violation of Section 580, 581, 582, 583, or 584 of the
5Business and Professions Code.

6(8) A violation of Section 22430 of the Business and Professions
7Code.

8(9) A violation of Section 103800 of the Health and Safety
9Code.

10(10) A violation of Section 529a.

11(11) A violation of subdivision (d) or (e) of Section 368.

12(d) If the defendant is out of the state when or after the offense
13is committed, the prosecution may be commenced as provided in
14Section 804 within the limitations of time prescribed by this
15chapter, and no time up to a maximum of three years during which
16the defendant is not within the state shall be a part of those
17limitations.

18(e) A limitation of time prescribed in this chapter does not
19commence to run until the offense has been discovered, or could
20have reasonably been discovered, with regard to offenses under
21Division 7 (commencing with Section 13000) of the Water Code,
22under Chapter 6.5 (commencing with Section 25100) of, Chapter
236.7 (commencing with Section 25280) of, or Chapter 6.8
24(commencing with Section 25300) of, Division 20 of, or Part 4
25(commencing with Section 41500) of Division 26 of, the Health
26and Safety Code, or under Section 386, or offenses under Chapter
275 (commencing with Section 2000) of Division 2 of, Chapter 9
28(commencing with Section 4000) of Division 2 of, Section 6126
29of, Chapter 10 (commencing with Section 7301) of Division 3 of,
30or Chapter 19.5 (commencing with Section 22440) of Division 8
31of, the Business and Professions Code.

32(f) (1) Notwithstanding any other limitation of time described
33in this chapter, a criminal complaint may be filed within one year
34of the date on which the identity of the suspect is conclusively
35established by DNA testing, if both of the following conditions
36are met:

37(A) The crime is one that is described in subdivision (c) of
38Section 290.

39(B) The offense was committed prior to January 1, 2001, and
40biological evidence collected in connection with the offense is
P13   1analyzed for DNA type no later than January 1, 2004, or the offense
2was committed on or after January 1, 2001, and biological evidence
3collected in connection with the offense is analyzed for DNA type
4no later than two years from the date of the offense.

5(2) For purposes of this section, “DNA” means deoxyribonucleic
6acid.

7(g) For any crime, the proof of which depends substantially
8upon evidence that was seized under a warrant, but which is
9unavailable to the prosecuting authority under the procedures
10described in People v. Superior Court (Laff) (2001) 25 Cal.4th
11703, People v. Superior Court (Bauman & Rose) (1995) 37
12Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to
13claims of evidentiary privilege or attorney work product, the
14limitation of time prescribed in this chapter shall be tolled from
15the time of the seizure until final disclosure of the evidence to the
16prosecuting authority. Nothing in this section otherwise affects
17the definition or applicability of any evidentiary privilege or
18attorney work product.

19(h) Notwithstanding any other limitation of time described in
20this chapter, a criminal complaint may be filed within one year of
21the date on which a hidden recording is discovered related to a
22violation of paragraph (2) or (3) of subdivision (j) of Section 647.

23(i) Notwithstanding any other limitation of time described in
24this chapter, if a person flees the scene of an accident that caused
25death or permanent, serious injury, as defined in subdivision (d)
26of Section 20001 of the Vehicle Code, a criminal complaint brought
27pursuant to paragraph (2) of subdivision (b) of Section 20001 of
28the Vehicle Code may be filed within the applicable time period
29described in Section 801 or 802 or one year after the person is
30initially identified by law enforcement as a suspect in the
31commission of the offense, whichever is later, but in no case later
32than six years after the commission of the offense.

33(j) A limitation of time prescribed in this chapter does not
34commence to run until the discovery of an offense involving the
35offering or giving of a bribe to a public official or public employee,
36including, but not limited to, a violation of Section 67, 67.5, 85,
3792, or 165, or Section 35230 or 72530 of the Education Code.

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Professor Marci A. Hamilton Testimony

The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse: The bishops are fond of saying SB131 is unconstitutional.  That is untrue, and here is my analysis.


Professor Marci A. Hamilton Testimony

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CALIFORNIA ACTION ALERT

CA residents-- SOL reform can happen w your help! Please sign the petition and if your case was blocked by an expired SOL, tell your story on Facebook.
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LAT had wool pulled over their eyes Should have read the brief: 1. RFRA did not pass unanimously. It was unanimous consent. Fn xx 2. RFRA does not impose a prior standard but rather makes one up out of whole cloth Pg. xx (Where we Cite croson) 3. Congress does not have the power to overrule the Supreme Court or to give benefits solely to religious actors. Let's have this debate based on facts rather than the religious lobbyists' talking points.
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Who cares?

SACRAMENTO, CA - Is the state of California waging a war against…
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Go CA!

The CA Senate Appropriations Committee passed SB 131, the Child…
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Unjust SOL in CA

MARTINEZ -- The civil case of Kristen Cunnane against the Moraga…

Jeffrey R. Dion
Deputy Executive Director
National Center for Victims of Crime

Director
National Crime Victim Bar Association
2000 M ST, NW Ste 480
Washington, DC 20036
(202) 467-8717
www.victimbar.org

An affiliate of the National Center for Victims of Crime
www.VictimsOfCrime.org
Survivors Network of those Abused by Priests: California