Bill Text

Bill Information


PDF |Add To My Favorites | print page

SB-951 Statute of limitations: conspiracy.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB951:v97#DOCUMENT

Amended  IN  Senate  March 28, 2014
Amended  IN  Senate  March 25, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 951


Introduced by Senator Torres
(Principal coauthor: Assembly Member Rodriguez)

February 06, 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 felony 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   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.

SEC. 2.

 Section 801.7 is added to the Penal Code, to read:

801.7.
 Prosecution for conspiracy to commit a crime felony pursuant to Section 182 shall be commenced within the time required for the commencement of prosecution for the underlying crime.