Sex offenses: statute of limitations.
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SB 813 — Sex offenses: statute of limitations.
Last action — Chaptered by Secretary of State. Chapter 777, Statutes of 2016.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 04, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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17 sponsors
1 primary, 16 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Under existing law, prosecution for the crimes of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, if committed against a victim who was under 18 years of age, may be commenced at any time prior to the victim's 40th birthday. Existing law allows prosecution of an offense punishable by death or by imprisonment for life or for life without the possibility of parole, or for the embezzlement of public money, to be commenced at any time. This bill would allow the prosecution of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, that are committed under certain circumstances, as specified, to be commenced at any time. The bill would apply to these crimes committed after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 1088, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
Bill Text
- Chaptered 09/28/16 - Chaptered Current pdf September 28, 2016
- Enrolled 09/02/16 - Enrolled pdf September 02, 2016
- Amended 08/11/16 - Amended Assembly pdf August 11, 2016
- Amended 03/31/16 - Amended Senate pdf March 31, 2016
- Introduced 01/04/16 - Introduced pdf January 04, 2016
- SB813 View text html
Action History
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Chaptered by Secretary of State. Chapter 777, Statutes of 2016.
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Approved by the Governor.
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Enrolled and presented to the Governor at 5 p.m.
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Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5526.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 78. Noes 0. Page 5878.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 6. Noes 0.) (June 21).
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Referred to Com. on PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 33. Noes 0. Page 4076.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0. Page 3997.) (May 27).
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Set for hearing May 27.
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April 25 hearing: Placed on APPR. suspense file.
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Set for hearing April 25.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3521.) (April 12). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Set for hearing April 12.
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Referred to Coms. on PUB. S. and APPR.
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From printer. May be acted upon on or after February 4.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Anderson · Cosponsor
- Beall · Cosponsor
- Block · Cosponsor
- Burke · Cosponsor
- Mitchell · Cosponsor
- Cannella · Cosponsor
- Chávez · Cosponsor
- Fuller · Cosponsor
- Mike A. Gipson · Cosponsor
- Tom Lackey · Cosponsor
- Leyva · Primary
- Moorlach · Cosponsor
- Nielsen · Cosponsor
- Pavley · Cosponsor
- Roth · Cosponsor
- Williams · Cosponsor
- Bill Berryhill · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 16 co-sponsors · 105 not signed on
Sponsors (1)
- Leyva
Co-sponsors (16)
- Anderson
- Beall
- Block
- Burke
- Mitchell
- Cannella
- Chávez
- Fuller
- Gipson, Mike A. Democratic
- Lackey, Tom Republican
- Moorlach
- Nielsen
- Pavley
- Roth
- Williams
- Bill Berryhill
Not signed on (105)
105 members have not signed on to this bill.
Show all 105 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Hancock | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Mendoza | — | Yea |
| Morrell | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Vidak | — | Yea |
| Allen | — | Yea |
| Cannella | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Hall | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Anderson | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Huff | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Nielsen | — | Yea |
| Pavley | — | Yea |
| Wieckowski | — | Yea |
| Wolk | — | Yea |
| Glazer | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Baker | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Mathis | — | Yea |
| Medina | — | Yea |
| Melendez | — | Yea |
| Olsen | — | Yea |
| Rodriguez | — | Yea |
| Steinorth | — | Yea |
| Wagner | — | Yea |
| Weber | — | Yea |
| Eggman | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Burke | — | Yea |
| Salas | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Chang | — | Yea |
| Chau | — | Yea |
| Kim | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Gray | — | Yea |
| Mayes | — | Yea |
| Bigelow | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| McCarty | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Thurmond | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Williams | — | Yea |
| Atkins | — | Yea |
| Bonilla | — | Yea |
| Lopez | — | Yea |
| Campos | — | Yea |
| Holden | — | Yea |
| Maienschein | — | Yea |
| Mullin | — | Yea |
| Quirk | — | Not Voting |
| Santiago | — | Yea |
| Ting | — | Yea |
| Wood | — | Yea |
| Hadley | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Not Voting |
| Travis Allen | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Santiago | — | Yea |
| Lopez | — | Yea |
| Melendez | — | Yea |
| Quirk | — | Not Voting |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 0 | 0 | 7 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 7 |
| % of votes cast | 83% | 0% | 0% | 18% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Block | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Not Voting |
| Leyva | — | Yea |
| Mendoza | — | Not Voting |
| Moorlach | — | Yea |
| Wieckowski | — | Not Voting |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Hall | — | Yea |
| Hancock | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Hernandez | — | Yea |
| Anderson | — | Yea |
| Beall | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pan | — | Yea |
| Roth | — | Yea |
| Wolk | — | Yea |
| Cannella | — | Not Voting |
| Huff | — | Yea |
| Runner | — | Not Voting |
| Pavley | — | Not Voting |
| Vidak | — | Yea |
| Glazer | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Beall | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Mendoza | — | Yea |
| Nielsen | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Hill | — | Yea |
| Nielsen | — | Yea |
| Beall | — | Yea |
| Lara | — | Yea |
| Mendoza | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 2 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Not Voting |
| Glazer | — | Not Voting |
| Hancock | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Mark Stone | — | Yea |
Subjects
Frequently asked questions
- What does SB 813 do?
- Existing law generally requires that the prosecution of a felony sex offense be commenced within 10 years after the commission of the offense. Under existing law, prosecution for the crimes of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, if committed against a victim who was under 18 years of age, may be commenced at any time prior to the victim's 40th birthday. Existing law allows prosecution of an offense punishable by death or by imprisonment for life or for life without the possibility of parole, or for the embezzlement of public money, to be commenced at any time. This bill would allow the prosecution of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration, that are committed under certain circumstances, as specified, to be commenced at any time. The bill would apply to these crimes committed after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017. This bill would incorporate changes to Section 803 of the Penal Code proposed by both this bill and SB 1088, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
- Who sponsors SB 813?
- SB 813 is sponsored by Anderson, Beall, Block, Burke, Mitchell, Cannella, Chávez, Fuller, Gipson, Mike A. (Democratic), Lackey, Tom (Republican), Leyva, Moorlach, Nielsen, Pavley, Roth, Williams, and Bill Berryhill.
- What is the current status of SB 813?
- This bill has been enacted into law. Introduced January 04, 2016. Enacted.
- Where can I track SB 813?
- Track SB 813 free on One Click Politics — get push/email alerts when it moves.
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