Enrolled September 08, 2021 Passed IN Senate September 03, 2021 Passed IN Assembly June 01, 2021 Amended IN Assembly May 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1247Introduced by Assembly Member ChauFebruary 19, 2021 An act to add Section 801.7 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 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. 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 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.
Enrolled September 08, 2021 Passed IN Senate September 03, 2021 Passed IN Assembly June 01, 2021 Amended IN Assembly May 24, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1247Introduced by Assembly Member ChauFebruary 19, 2021 An act to add Section 801.7 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Enrolled September 08, 2021 Passed IN Senate September 03, 2021 Passed IN Assembly June 01, 2021 Amended IN Assembly May 24, 2021
Enrolled September 08, 2021
Passed IN Senate September 03, 2021
Passed IN Assembly June 01, 2021
Amended IN Assembly May 24, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1247
Introduced by Assembly Member ChauFebruary 19, 2021
Introduced by Assembly Member Chau
February 19, 2021
An act to add Section 801.7 to the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## 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.
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.
## Digest Key
## Bill Text
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.
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 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.
SECTION 1. Section 801.7 is added to the Penal Code, to read:
### SECTION 1.
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.
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.
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.
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.