California 2021-2022 Regular Session

California Assembly Bill AB1247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	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 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.
	1	+	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.
2	2
3		-	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 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
	3	+	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
4	4
5		-	Assembly ~~Bill No.~~ ~~1247 CHAPTER 206~~
	5	+	Enrolled September 08, 2021 Passed IN Senate September 03, 2021 Passed IN Assembly June 01, 2021 Amended IN Assembly May 24, 2021
6	6
7		-	Assembly Bill No. 1247
	7	+	Enrolled September 08, 2021
	8	+	Passed IN Senate September 03, 2021
	9	+	Passed IN Assembly June 01, 2021
	10	+	Amended IN Assembly May 24, 2021
8	11
9		-	CHAPTER 206
	12	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	13	+
	14	+	Assembly Bill
	15	+
	16	+	No. 1247
	17	+
	18	+	Introduced by Assembly Member ChauFebruary 19, 2021
	19	+
	20	+	Introduced by Assembly Member Chau
	21	+	February 19, 2021
10	22
11	23		An act to add Section 801.7 to the Penal Code, relating to criminal procedure.
12		-
13		-	[ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ]
14	24
15	25		LEGISLATIVE COUNSEL'S DIGEST
16	26
17	27		## LEGISLATIVE COUNSEL'S DIGEST
18	28
19	29		AB 1247, Chau. Criminal procedure: limitations of actions.
20	30
21	31		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.
22	32
23	33		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.
24	34
25	35		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.
26	36
27	37		## Digest Key
28	38
29	39		## Bill Text
30	40
31	41		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.
32	42
33	43		The people of the State of California do enact as follows:
34	44
35	45		## The people of the State of California do enact as follows:
36	46
37	47		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.
38	48
39	49		SECTION 1. Section 801.7 is added to the Penal Code, to read:
40	50
41	51		### SECTION 1.
42	52
43	53		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.
44	54
45	55		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.
46	56
47	57		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.
48	58
49	59
50	60
51	61		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.
52	62
53	63		(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.