Assembly Bill No. 2295 CHAPTER 825An act to amend Section 801.1 of the Penal Code, relating to crimes. [ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2295, Addis. Crimes: commencement of prosecution.Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victims 40th birthday.This bill would clarify that if the conditions authorizing prosecution for these crimes are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
Assembly Bill No. 2295 CHAPTER 825An act to amend Section 801.1 of the Penal Code, relating to crimes. [ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2295, Addis. Crimes: commencement of prosecution.Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victims 40th birthday.This bill would clarify that if the conditions authorizing prosecution for these crimes are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Assembly Bill No. 2295 CHAPTER 825
Assembly Bill No. 2295
CHAPTER 825
An act to amend Section 801.1 of the Penal Code, relating to crimes.
[ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2295, Addis. Crimes: commencement of prosecution.
Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victims 40th birthday.This bill would clarify that if the conditions authorizing prosecution for these crimes are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.
Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Existing law requires specified sex offenses that are committed when the victim is under 18 years of age and under certain circumstances, such as rape of a person with a mental disorder or disability or sodomy with force or fear, to be commenced by the victims 40th birthday.
This bill would clarify that if the conditions authorizing prosecution for these crimes are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.
## Digest Key
## Bill Text
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) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
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 801.1 of the Penal Code is amended to read:801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
SECTION 1. Section 801.1 of the Penal Code is amended to read:
### SECTION 1.
801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.
801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, 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 18 years of age, may be commenced any time prior to the victims 40th birthday.
(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.
(3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice.
(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 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.