California Assembly Bill AB1682 Introduced / Bill

 BILL NUMBER: AB 1682INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Portantino FEBRUARY 14, 2012 An act to amend Section 801.1 of, and to add Section 801.3 to, the Penal Code, relating to rape. LEGISLATIVE COUNSEL'S DIGEST AB 1682, as introduced, Portantino. Rape: statute of limitations. Existing law defines rape and rape of a spouse and makes each of those crimes a felony punishable by imprisonment in the state prison for 3, 6, or 8 years. Existing law requires the prosecution for an offense punishable by imprisonment for 8 years or more to commence within 6 years after the commission of the offense. Under existing law, prosecution for a rape that is alleged to have been committed when the victim was under 18 years of age may be commenced at any time prior to the victim's 28th birthday. This bill would, instead, allow the commencement of a prosecution for rape or rape of a spouse at any time after the 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 801.1 of the Penal Code is amended to read: 801.1. (a) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section  261,  286, 288, 288.5, 288a, or 289, 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  the age of 18 years   18 years of age  , may be commenced any time prior to the victim's 28th birthday. (b) Notwithstanding any other limitation of time described in this chapter, if subdivision (a) 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. SEC. 2. Section 801.3 is added to the Penal Code, to read: 801.3. Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261 or 262 may be commenced at any time after the commission of the offense.