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AB-1247 Criminal procedure: limitations of actions.(2021-2022)

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Date Published: 09/23/2021 02:00 PM
AB1247:v96#DOCUMENT

Assembly Bill No. 1247
CHAPTER 206

An act to add Section 801.7 to the Penal Code, relating to criminal procedure.

[ Approved by Governor  September 22, 2021. Filed with Secretary of State  September 22, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1247, Chau. Criminal procedure: limitations of actions.
Existing law establishes various crimes relating to computer services and systems, including, among others, knowingly and without permission accessing or causing to be accessed any computer, computer system, or computer network. Existing law requires that prosecution for a felony violation of these crimes be commenced within 3 years after the commission of the offense.
This bill would instead require the prosecution for a felony violation of those computer-related crimes to be commenced within 3 years after discovery of the commission of the offense, or within 3 years after the offense could have reasonably been discovered, and would require the filing of a criminal complaint within 6 years of the commission of the offense. The bill would apply that 3-year statute of limitations to crimes that are committed on or after January 1, 2022, and to crimes for which the statute of limitations that was in effect prior to January 1, 2022, has not run as of January 1, 2022.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

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

801.7.
 (a) Notwithstanding Section 801 or any other law, prosecution for a felony offense described in Section 502 shall be commenced within three years after discovery of the commission of the offense, or within three years after the offense could have reasonably been discovered, provided, however, that in any case a complaint shall not be filed more than six years after the commission of the offense.
(b) This section applies to crimes that are committed on or after January 1, 2022, and to crimes for which the statute of limitations that was in effect prior to January 1, 2022, has not elapsed as of January 1, 2022.