CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2014Introduced by Assembly Member MaienscheinJanuary 29, 2020 An act to amend Section 335.1 of the Code of Civil Procedure, and to amend Section 801 of the Penal Code, relating to medical misconduct. LEGISLATIVE COUNSEL'S DIGESTAB 2014, as introduced, Maienschein. Medical misconduct: misuse of sperm, ova, or embryos.Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form. Existing law additionally makes it a felony for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Existing law requires, except in specified cases, that prosecution for a felony be commenced within 3 years after the commission of the offense.This bill would authorize prosecution for those crimes involving the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years after the discovery of the offense. The bill would apply that 3-year statute of limitations to those crimes that are committed on or after January 1, 2021, and to those crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced within 2 years.This bill would authorize a civil action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect by the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years of the discovery of the wrongful act or neglect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 335.1 of the Code of Civil Procedure is amended to read:335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.SEC. 2. Section 801 of the Penal Code is amended to read:801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2014Introduced by Assembly Member MaienscheinJanuary 29, 2020 An act to amend Section 335.1 of the Code of Civil Procedure, and to amend Section 801 of the Penal Code, relating to medical misconduct. LEGISLATIVE COUNSEL'S DIGESTAB 2014, as introduced, Maienschein. Medical misconduct: misuse of sperm, ova, or embryos.Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form. Existing law additionally makes it a felony for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Existing law requires, except in specified cases, that prosecution for a felony be commenced within 3 years after the commission of the offense.This bill would authorize prosecution for those crimes involving the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years after the discovery of the offense. The bill would apply that 3-year statute of limitations to those crimes that are committed on or after January 1, 2021, and to those crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced within 2 years.This bill would authorize a civil action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect by the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years of the discovery of the wrongful act or neglect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2014
Introduced by Assembly Member MaienscheinJanuary 29, 2020
Introduced by Assembly Member Maienschein
January 29, 2020
An act to amend Section 335.1 of the Code of Civil Procedure, and to amend Section 801 of the Penal Code, relating to medical misconduct.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2014, as introduced, Maienschein. Medical misconduct: misuse of sperm, ova, or embryos.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form. Existing law additionally makes it a felony for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Existing law requires, except in specified cases, that prosecution for a felony be commenced within 3 years after the commission of the offense.This bill would authorize prosecution for those crimes involving the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years after the discovery of the offense. The bill would apply that 3-year statute of limitations to those crimes that are committed on or after January 1, 2021, and to those crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced within 2 years.This bill would authorize a civil action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect by the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years of the discovery of the wrongful act or neglect.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form. Existing law additionally makes it a felony for anyone to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient. Existing law requires, except in specified cases, that prosecution for a felony be commenced within 3 years after the commission of the offense.
This bill would authorize prosecution for those crimes involving the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years after the discovery of the offense. The bill would apply that 3-year statute of limitations to those crimes that are committed on or after January 1, 2021, and to those crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
Existing law requires a civil action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another to be commenced within 2 years.
This bill would authorize a civil action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect by the unlawful use or implantation of sperm, ova, or embryos to be commenced within 3 years of the discovery of the wrongful act or neglect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 335.1 of the Code of Civil Procedure is amended to read:335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.SEC. 2. Section 801 of the Penal Code is amended to read:801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 335.1 of the Code of Civil Procedure is amended to read:335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.
SECTION 1. Section 335.1 of the Code of Civil Procedure is amended to read:
### SECTION 1.
335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.
335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.
335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.
335.1. (a) Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
(b) Notwithstanding subdivision (a), an action for assault, battery, or injury to, or for the death of, an individual caused by a wrongful act or neglect described by Section 367g of the Penal Code shall be commenced within three years of the discovery of the wrongful act or neglect.
SEC. 2. Section 801 of the Penal Code is amended to read:801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
SEC. 2. Section 801 of the Penal Code is amended to read:
### SEC. 2.
801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
801. (a) Except as provided in subdivision (b) and Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.
(b) (1) Prosecution for a violation of Section 367g shall be commenced within three years after the discovery of the commission of the offense.
(2) This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.