BILL NUMBER: AB 579AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 11, 2013 AMENDED IN ASSEMBLY MARCH 14, 2013 INTRODUCED BY Assembly Member Melendez FEBRUARY 20, 2013 An act to add Section 801.3 to the Penal Code, relating to sex offenses. LEGISLATIVE COUNSEL'S DIGEST AB 579, as amended, Melendez. Sex offenses against children. Existing law generally requires that prosecution for a felony be commenced within 3 years, and if that felony is punishable by imprisonment for 8 years or more, generally be commenced within 6 years. Existing law provides that a prosecution for a felony offense for certain sex offenses against a minor may be commenced any time prior to the victim's 28th birthday or within 10 years after commission of the offense, as specified. This bill would provide that, except as specified, a prosecution may be commenced at any time prior to the victim's 28th birthday, or within the period and under the circumstances specified under other provisions of law, if applicable, whichever occurs later, for any violation of specified criminal offenses, including harboring a principal to a felony, intimidating a witness , and conspiring to obstruct justice, if those offenses relate to a violation of various sex offenses, including rape and sodomy, in which the victim was a minor and the violation involved substantial sexual conduct. The bill would also define the term "victim" for purposes of these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 801.3 is added to the Penal Code, to read: 801.3. (a) Notwithstanding any other limitation of time prescribed in this chapter, prosecution for any offense described in subdivision (b) may be commenced at any time prior to the victim' s 28th birthday, or within the period and under the circumstances described in subdivision (f) or (g) of Section 803, if applicable, whichever occurs later . (b) This section applies to the following offenses: (1) Any violation of Section 33 by a person described in Section 32, in which the person harbors, conceals, or aids any principal to a felony violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (2) Any violation of Section 136.1, if the victim or witness was a victim of, or a witness to, any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (3) Any violation of Section 139 in which the credible threat is against the victim of, immediate family member of the victim of , or witness to, any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (4) Any violation of Section 140 in which the force or threat to use force against a witness or victim involves a witness to, or victim of, any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (5) Any violation of Section 153 in which the crime compounded or concealed is any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (6) Any violation of Section 132 in which the book, paper, document, record, or other instrument in writing forged or fraudulently altered or antedated relates to evidence of a violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (7) Any conspiracy to obstruct justice, in violation of paragraph (5) of subdivision (a) of Section 182, in which the conspiracy to obstruct justice involves obstruction of any investigation or trial for any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which the victim was a minor and in which the violation involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding mutual masturbation. (c) As used in this section, "victim" means the victim of any violation of Section 261, 286, 288, 288.5, 288a, or 289 in which he or she was a minor at the time of the offense and the offense involved substantial sexual conduct, as described in Section 1203.066, excluding mutual masturbation.