SB 610: Wrongful concealment: statute of limitations.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-07-17
Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.
This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, provided however, that in any case a complaint may not be filed more than 4 years after the commission of the offense.
Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.
This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, provided however, that in any case a complaint may not be filed more than 4 years after the commission of the offense.
Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.
This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, provided however, that in any case a complaint may not be filed more than 6 4 years after the commission of the offense.
Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.
This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, provided however, that in any case a complaint may not be filed more than 6 years after the commission of the offense.
Existing law makes it a misdemeanor for a person who has knowledge of an accidental death to actively conceal or attempt to conceal that death. Existing law provides that the punishment for that offense is imprisonment in a county jail for not more than one year, or by a fine of not less than $1,000 nor more than $10,000, or by both that fine and imprisonment.
Existing law also sets forth various time limits to prosecute crimes. Except as otherwise specified, prosecution for an offense that is not punishable by death or imprisonment in the state prison is required to be commenced within one year after commission of the offense. Existing law provides that for certain offenses, the prescribed limitation of time does not commence to run until the discovery of the offense. Existing law also provides that for other offenses, the criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the crime, as specified.
This bill would provide that for the offense of actively concealing or attempting to conceal an accidental death, as described above, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, provided however, that in any case a complaint may not be filed more than 6 years after the commission of the offense.
This act shall be known and may be cited as Ericas Law.
SEC. 2.Section 803 of the Penal Code is amended to read:803.(a)Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b)No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1)Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2)A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3)A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4)A violation of Section 1090 or 27443 of the Government Code.
(5)Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6)Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7)A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8)A violation of Section 22430 of the Business and Professions Code.
(9)A violation of Section 103800 of the Health and Safety Code.
(10)A violation of Section 529a.
(11)A violation of subdivision (d) or (e) of Section 368.
(d)If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e)A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1)Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2)This subdivision applies only if all of the following occur:
(A)The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B)The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C)There is independent evidence that corroborates the victims allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victims allegation.
(3)No evidence may be used to corroborate the victims allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4)(A)In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B)Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C)This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A)The crime is one that is described in subdivision (c) of Section 290.
(B)The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2)For purposes of this section, DNA means deoxyribonucleic acid.
(h)For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m)Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided, however, that in any case a complaint may not be filed more than four years after the commission of the offense.
This act shall be known and may be cited as Ericas Law.
SEC. 2.Section 803 of the Penal Code is amended to read:803.(a)Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b)No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1)Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2)A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3)A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4)A violation of Section 1090 or 27443 of the Government Code.
(5)Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6)Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7)A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8)A violation of Section 22430 of the Business and Professions Code.
(9)A violation of Section 103800 of the Health and Safety Code.
(10)A violation of Section 529a.
(11)A violation of subdivision (d) or (e) of Section 368.
(d)If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e)A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1)Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2)This subdivision applies only if all of the following occur:
(A)The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B)The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C)There is independent evidence that corroborates the victims allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victims allegation.
(3)No evidence may be used to corroborate the victims allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4)(A)In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B)Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C)This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A)The crime is one that is described in subdivision (c) of Section 290.
(B)The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2)For purposes of this section, DNA means deoxyribonucleic acid.
(h)For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m)Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided, however, that in any case a complaint may not be filed more than four years after the commission of the offense.
This act shall be known and may be cited as Ericas Law.
SEC. 2.Section 803 of the Penal Code is amended to read:803.(a)Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b)No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1)Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2)A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3)A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4)A violation of Section 1090 or 27443 of the Government Code.
(5)Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6)Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7)A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8)A violation of Section 22430 of the Business and Professions Code.
(9)A violation of Section 103800 of the Health and Safety Code.
(10)A violation of Section 529a.
(11)A violation of subdivision (d) or (e) of Section 368.
(d)If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e)A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1)Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2)This subdivision applies only if all of the following occur:
(A)The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B)The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C)There is independent evidence that corroborates the victims allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victims allegation.
(3)No evidence may be used to corroborate the victims allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4)(A)In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B)Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C)This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A)The crime is one that is described in subdivision (c) of Section 290.
(B)The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2)For purposes of this section, DNA means deoxyribonucleic acid.
(h)For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m)Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided provided, however, that in any case a complaint may not be filed more than six four years after the commission of the offense.
This act shall be known and may be cited as Ericas Law.
SECTION 1.SEC. 2.Section 803 of the Penal Code is amended to read:803.(a)Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b)No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1)Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2)A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3)A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4)A violation of Section 1090 or 27443 of the Government Code.
(5)Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6)Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7)A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8)A violation of Section 22430 of the Business and Professions Code.
(9)A violation of Section 103800 of the Health and Safety Code.
(10)A violation of Section 529a.
(11)A violation of subdivision (d) or (e) of Section 368.
(d)If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e)A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1)Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2)This subdivision applies only if all of the following occur:
(A)The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B)The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C)There is independent evidence that corroborates the victims allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victims allegation.
(3)No evidence may be used to corroborate the victims allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4)(A)In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B)Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C)This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A)The crime is one that is described in subdivision (c) of Section 290.
(B)The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2)For purposes of this section, DNA means deoxyribonucleic acid.
(h)For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m)Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided however, that in any case a complaint may not be filed more than six years after the commission of the offense.
(a)Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b)No time during which prosecution of the same person for the same conduct is pending in a court of this state is a part of a limitation of time prescribed in this chapter.
(c)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1)Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
(2)A violation of Section 72, 118, 118a, 132, 134, or 186.10.
(3)A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
(4)A violation of Section 1090 or 27443 of the Government Code.
(5)Felony welfare fraud or Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
(6)Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
(7)A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
(8)A violation of Section 22430 of the Business and Professions Code.
(9)A violation of Section 103800 of the Health and Safety Code.
(10)A violation of Section 529a.
(11)A violation of subdivision (d) or (e) of Section 368.
(d)If the defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
(e)A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of, Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
(f)(1)Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under 18 years of age, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
(2)This subdivision applies only if all of the following occur:
(A)The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
(B)The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
(C)There is independent evidence that corroborates the victims allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victims allegation.
(3)No evidence may be used to corroborate the victims allegation that otherwise would be inadmissible during trial. Independent evidence does not include the opinions of mental health professionals.
(4)(A)In a criminal investigation involving any of the crimes listed in paragraph (1) committed against a child, when the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
(B)Nothing in this subdivision affects the definition or applicability of any evidentiary privilege.
(C)This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
(g)(1)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
(A)The crime is one that is described in subdivision (c) of Section 290.
(B)The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
(2)For purposes of this section, DNA means deoxyribonucleic acid.
(h)For any crime, the proof of which depends substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. Nothing in this section otherwise affects the definition or applicability of any evidentiary privilege or attorney work product.
(i)Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section 647.
(j)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense.
(k)Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
(l)A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
(m)Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided however, that in any case a complaint may not be filed more than six years after the commission of the offense.
|
Date
|
Status
|
|---|---|
| Jul 17, 2017 | Chaptered by Secretary of State. Chapter 74, Statutes of 2017. |
| Jul 17, 2017 | Approved by the Governor. |
| Jul 7, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 3, 2017 | Assembly amendments concurred in. (Ayes 33. Noes 0.) Ordered to engrossing and enrolling. |
| Jun 29, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 29, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jun 20, 2017 | Read second time. Ordered to third reading. |
| Jun 19, 2017 | Read second time and amended. Ordered to second reading. |
| Jun 15, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 13). |
| Jun 5, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| May 26, 2017 | Referred to Com. on PUB. S. |
| Apr 24, 2017 | In Assembly. Read first time. Held at Desk. |
| Apr 24, 2017 | Read third time. Passed. (Ayes 38. Noes 0. Page 802.) Ordered to the Assembly. |
| Apr 20, 2017 | Read second time. Ordered to third reading. |
| Apr 19, 2017 | From committee: Do pass. (Ayes 7. Noes 0. Page 748.) (April 18). |
| Mar 14, 2017 | Set for hearing April 18. |
| Mar 2, 2017 | Referred to Com. on PUB. S. |
| Feb 21, 2017 | From printer. May be acted upon on or after March 23. |
| Feb 17, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 3, 2017 | Unfinished Business SB610 Nguyen et al. Concurrence | Senate Floor |
Passed |
|
| Jun 29, 2017 | SB 610 Nguyen Senate Third Reading By LACKEY | Assembly Floor |
Passed |
|
| Jun 13, 2017 | Do pass as amended. | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 24, 2017 | Senate 3rd Reading SB610 Nguyen | Senate Floor |
Passed |
|
| Apr 18, 2017 | Do pass | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Attorneys For Criminal Justice | ** Against | Jun 30, 2017 |
| California Public Defenders Association | ** Against | Jun 30, 2017 |
| California State Sheriffs' Association | ** Support | Jun 30, 2017 |
| City of Santa Ana | ** Support | Jun 30, 2017 |
| Crime Victims United Of California | ** Support | Jun 12, 2017 |
| Los Angeles County Sheriff'S Department | ** Support | Jun 30, 2017 |
| Orange County Board of Supervisors | ** Support | Jun 30, 2017 |
| orange county district attorney's office | ** Support | Jun 30, 2017 |
| Orange County Sheriff's Department | ** Support | Jun 30, 2017 |
| Peace Officers Research Association Of California | ** Support | Jun 30, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 610
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/18/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE FLOOR: 38-0, 4/24/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: De León, Portantino
ASSEMBLY FLOOR: 73-0, 6/29/17 - See last page for vote
DIGEST:
This bill extends the statute of limitations for the crime of concealing an accidental death.
Assembly Amendments
limit the statute of limitations to no more than four years after the commission of the offense.
Existing law:
1) Makes it a misdemeanor, punishable by a jail term of up to one year, or a fine of between $1,000 and $10,000, or both, to actively conceal an accidental death, or attempt to do so. (Pen. Code § 152, subd. (a).)
2) States that to conceal an accidental death means to do one of the following:
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues; or,
- Destroy or suppress the actual physical instrumentality of death. (Pen. Code § 152, subd. (b).)
3) States that any person who, after the commission of a felony, harbors, conceals, or aides the perpetrator in such a felony, with the intent to help the perpetrator escape arrest or prosecution is an accessory to the felony. (Pen. Code, § 32.)
4) Provides that in general the prosecution for a misdemeanor shall be commenced within one year after the commission of the offense. (Pen. Code § 802.)
5) Provides exceptions for the one-year statute of limitations for specified misdemeanors. (Pen. Code, § 802.)
6) Provides that for certain specified offenses, the statute of limitations does not start to run until the discovery of the offense. (Pen. Code § 803.5.)
This bill:
1) Provides that a charge for concealment of an accidental death may be filed be up to one year after a suspect is initially identified by law enforcement, but no more than four years after the commission of the offense.
2) Names this provision “Erica’s Law.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Sheriffs’ Association
City of Santa Ana
Los Angeles County Sheriff’s Department
Orange County Board of Supervisors
Orange County District Attorney’s Office
Orange County Sheriff’s Department
Peace Officers Research Association of California
OPPOSITION: (Verified 6/29/17)
California Attorneys for Criminal Justice
California Public Defenders Association
ASSEMBLY FLOOR: 73-0, 6/29/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Burke, Caballero, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Wood, Rendon
NO VOTE RECORDED: Bocanegra, Brough, Calderon, Fong, Gomez, Gray, Weber
6/30/17 10:30:39
**** END ****
SENATE THIRD READING
STR Bill Id:SB 610
Author:(Nguyen)
As Amended Ver:June 19, 2017
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Flora, Gonzalez Fletcher, Quirk, Rubio, Santiago |
SUMMARY: Extends the statute of limitations for the crime of concealing an accidental death. Specifically, this bill:
- Provides that a charge for concealment of an accidental death may be filed be up to one year after a suspect is initially identified by law enforcement, but no more than four years after the commission of the offense.
- Names this provision "Erica's Law."
EXISTING LAW:
- Makes it a misdemeanor, punishable by a jail term of up to one year, or a fine of between $1,000 and $10,000, or both, to actively conceal an accidental death, or attempt to do so.
- States that to conceal an accidental death means to do one of the following:
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues; or,
- Destroy or suppress the actual physical instrumentality of death.
- Provides that any person who, after the commission of a felony, harbors, conceals, or aides the perpetrator in such a felony, with the intent to help the perpetrator escape arrest or prosecution is an accessory to the felony.
- Provides that prosecution for crimes punishable by imprisonment in the state prison for eight years or more must commence within six years after commission of the offense, unless otherwise provided by law.
- Provides that prosecution for an offense punishable by imprisonment in state prison or pursuant to realignment must commence within three years commission of the offense, except as specified.
- Provides that the prosecution of a misdemeanor must commence within one year of the commission of the offense, unless otherwise provided by law.
- Provides exceptions for the one-year statute of limitations for specified misdemeanors.
- States that, unless otherwise provided by law, a statute of limitations is not tolled or extended for any reason.
- States that a prosecution is commenced when one of the following occurs:
- An indictment or information is filed;
- A complaint charging a misdemeanor or infraction is filed;
- The defendant is arraigned on a complaint that charges him or her with a felony; or,
- An arrest warrant or bench warrant is issued. .)
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Erica Alonso, a resident of Laguna Hills, went missing on February 15, 2015. Her body was later found a few months later on April 27, 2015 in a dry creek bed near Ortega Highway and Hot Springs Canyon Road near San Juan Capistrano. Erica's death was not a homicide. However, someone with her moved the body to hide the fact that she had died. For this reason, Erica's family and friends had no way to locate her, resulting in additional trauma to the family and community at large.
"Following the discovery of Erica's body, public outcry surfaced and a rally took place in Santa Ana that sought justice for Erica. One of the community's frustrations centered on the lack of an appropriate penalty. Currently the consequence for dumping a body is a maximum penalty of not more than one year in county jail or by a fine of not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), or by both a fine and imprisonment.
"Specifically, Senate Bill 610 amends the California Penal Code to increase the statute of limitations for the concealment of a body due to an accidental death. This bill would increase the statute of limitations to allow a criminal complaint to be filed within one year after the person is initially identified by law enforcement as a suspect of a crime, with a six year total limit from when the crime occurred."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000992
Date of Hearing: June 13, 2017
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 610
Author:(Nguyen) – As Amended Ver:June 5, 2017
As Proposed to be Amended in Committee
SUMMARY: Extends the statute of limitations for the crime of concealing an accidental death. Specifically, this bill:
- Provides that a charge for concealment of an accidental death may be filed be up to one year after a suspect is initially identified by law enforcement, but no more than four years after the commission of the offense.
- Names this provision “Erica’s Law.”
EXISTING LAW:
- Makes it a misdemeanor, punishable by a jail term of up to one year, or a fine of between $1,000 and $10,000, or both, to actively conceal an accidental death, or attempt to do so. (Pen. Code, § 152, subd. (a).)
- States that to conceal an accidental death means to do one of the following:
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues; or,
- Destroy or suppress the actual physical instrumentality of death. (Pen. Code, § 152, subd. (b).)
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Provides that any person who, after the commission of a felony, harbors, conceals, or aides the perpetrator in such a felony, with the intent to help the perpetrator escape arrest or prosecution is an accessory to the felony. (Pen. Code, § 32.)
- Provides that prosecution for crimes punishable by imprisonment in the state prison for eight years or more must commence within six years after commission of the offense, unless otherwise provided by law. (Pen. Code, § 800.)
- Provides that prosecution for an offense punishable by imprisonment in state prison or pursuant to realignment must commence within three years commission of the offense, except as specified. (Pen. Code, § 801.)
- Provides that the prosecution of a misdemeanor must commence within one year of the commission of the offense, unless otherwise provided by law. (Pen. Code, § 802 subd. (a).)
- Provides exceptions for the one-year statute of limitations for specified misdemeanors. (Pen. Code, § 802.)
- States that, unless otherwise provided by law, a statute of limitations is not tolled or extended for any reason. (Pen. Code, § 803, subd. (a).)
- States that a prosecution is commenced when one of the following occurs:
- An indictment or information is filed;
- A complaint charging a misdemeanor or infraction is filed;
- The defendant is arraigned on a complaint that charges him or her with a felony; or,
- An arrest warrant or bench warrant is issued. (Pen. Code, § 804.)
- An indictment or information is filed;
FISCAL EFFECT:
COMMENTS:
- Author's Statement: According to the author, “Erica Alonso, a resident of Laguna Hills, went missing on February 15, 2015. Her body was later found a few months later on April 27, 2015 in a dry creek bed near Ortega Highway and Hot Springs Canyon Road near San Juan Capistrano. Erica’s death was not a homicide. However, someone with her moved the body to hide the fact that she had died. For this reason, Erica’s family and friends had no way to locate her, resulting in additional trauma to the family and community at large.
“Following the discovery of Erica’s body, public outcry surfaced and a rally took place in Santa Ana that sought justice for Erica. One of the community’s frustrations centered on the lack of an appropriate penalty. Currently the consequence for dumping a body is a maximum penalty of not more than one year in county jail or by a fine of not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), or by both a fine and imprisonment.
“Specifically, Senate Bill 610 amends the California Penal Code to increase the statute of limitations for the concealment of a body due to an accidental death. This bill would increase the statute of limitations to allow a criminal complaint to be filed within one year after the person is initially identified by law enforcement as a suspect of a crime, with a six year total limit from when the crime occurred.” - Statute of Limitations: The statute of limitations requires commencement of a prosecution within a certain period of time after the commission of a crime. A prosecution is
initiated by filing an indictment or information, filing a complaint, certifying a case to superior court, or issuing an arrest or bench warrant. (Pen. Code, § 804.)
The statute of limitations serves several important purposes in a criminal prosecution, including staleness, prompt investigation, and finality. The statute of limitations protects persons accused of crime from having to face charges based on evidence that may be unreliable, and from losing access to the evidentiary means to defend against the accusation. With the passage of time, memory fades, witnesses die or otherwise become unavailable, and physical evidence becomes unobtainable or contaminated.
The statute of limitations also imposes a priority among crimes for investigation and prosecution. The deadline serves to motivate the police and to ensure against bureaucratic delays in investigating crimes. Additionally, the statute of limitations reflects society's lack of desire to prosecute for crimes committed in the distant past. The interest in finality represents a societal evaluation of the time after which it is neither profitable nor desirable to commence a prosecution.
These principals are reflected in court decisions. The United States Supreme Court has stated that statutes of limitations are the primary guarantee against bringing overly stale criminal charges. (United States v. Ewell (1966) 383 U.S. 116, 122.) There is a measure of predictability provided by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced. Such laws reflect legislative assessments of the relative interests of the state and the defendant in administering and receiving justice.
More recently, in Stogner v. California (2003) 539 U.S. 607, the Court underscored the basis for statutes of limitations: "Significantly, a statute of limitations reflects a legislative judgment that, after a certain time, no quantum of evidence is sufficient to convict. And that judgment typically rests, in large part, upon evidentiary concerns - for example, concern that the passage of time has eroded memories or made witnesses or other evidence unavailable." (Id. at p. 615.)
The amount of time in which a prosecuting agency may charge an alleged defendant varies based on the crime. In general, the limitations period is related to the seriousness of the offense as reflected in the length of punishment established by the Legislature. (People v. Turner (2005) 134 Cal.App.4th 1591, 1594-1595; see, e.g., Pen. Code, §§ 799-805.) After a comprehensive review of criminal statutes of limitation in 1984, the Law Revision Commission recommended that the length of a "limitations statute should generally be based on the seriousness of the crime." (17 Cal. Law Revision Com. Rep. (1984) p. 313.) The Legislature overhauled the entire statutory scheme with this recommendation in mind. In People v. Turner, supra, 134 Cal.App.4th 1591, the court summarized the recommendations of the Law Revision Commission:
The use of seriousness of the crime as the primary factor in determining the length of the applicable statute of limitations was designed to strike the right balance between the societal interest in pursuing and punishing those who commit serious crimes, and the importance of barring stale claims. It also served the procedural need to provid[e] predictability and promote uniformity of treatment for perpetrators and victims of all serious crimes. The commission suggested that the seriousness of an offense could easily be determined in the first instance by the classification of the crime as a felony rather than a misdemeanor. Within the class of felonies, a long term of imprisonment is a determination that it is one of the more serious felonies; and imposition of the death penalty or life in prison is a determination that society views the crime as the most serious. (People v. Turner, supra, 134 Cal.App.4th at pp. 1594-1595, citations omitted.)
The failure of a prosecution to be commenced within the applicable period of limitation is a complete defense to the charge. The statute of limitations is jurisdictional and may be raised as a defense at any time, before or after judgment. (People v. Morris (1988) 46 Cal.3d 1, 13.) The defense may only be waived under limited circumstances. (See Cowan v. Superior Court (1996) 14 Cal.4th 367.)
The court is required to construe application of the statute of limitations strictly in favor of the defendants. (People v. Zamora (1976) 18 Cal.3d 538, 574; People v. Lee (2000) 82 Cal.App.4th 1352, 1357-1358.)
This bill provides that a charge for concealment of an accidental death may be filed be up to one year after a suspect is initially identified by law enforcement, but no more than four years after the commission of the offense.
- Governor’s Veto Message: This bill is similar to SB 1088 (Nguyen) which was vetoed last year. The Governor’s veto message said:
“This bill states that a criminal complaint may be filed within one year after an individual is identified by law enforcement as a suspect in the concealment of an accidental death.
“Such identification could take place years or even decades later. I believe that the statute of limitations for most crimes, especially misdemeanors, should have a defined limit. Allowing the statute to commence when a suspect has been identified, with no other parameters, serves to undermine the very purpose of a limitations period.”
This bill differs from last year’s bill, however, in that it places a defined limitation of four years on prosecution. - Ex Post Facto: In Stogner v. United States, supra, 539 U.S. 607 the Supreme Court ruled that a law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause when it is applied to revive a previously time-barred prosecution. (Id. at pp. 610-611, 616.) However, extension of an existing statute of limitations is not ex post facto as long as the prior limitations period has not expired. (Id. at pp. 618-619.)
Under these principles, the extended statute of limitations provided for in this bill cannot be applied to cases in which the period has expired. - Argument in Support: According to the Orange County Sheriff’s Department, “Amending the penal code will provide investigators with additional latitude to pursue and charge individuals who commit the crime of concealing a body due to an accidental death. Extending the consequence for this crime could discourage individuals from failing to be forthcoming with law enforcement.
“Even in cases of accidental death, the concealment or hiding of a body can create significant challenges for law enforcement, particularly when responding to reports of a missing person. More importantly, the concealment of dumping of a body often prevents the family members of the deceased from getting the necessary closure when they lose a loved one.” - Argument in Opposition: According to the California Attorneys for Criminal Justice, “This bill would unnecessarily extend the statute of limitation period for a misdemeanor where the maximum incarceration period can be no more than 364 days in county jail.
“Currently, the only class of crimes where the statute of limitation period is six years from the date an offense is found in Penal Code section 800 for a class of much more serious felonies where the maximum period of incarceration is eight years or more in prison. Statutes of limitations are in part related to the type of underlying offense. This bill would disrupt this delicate legal balance.
“Inherently, Penal Code section 152 involves a death in which no criminal culpability would apply. An ‘accidental’ occurrence by its very nature does not require criminal prosecution. Yet, this legislation would impose an extended statute of limitations more appropriately reserved for the cover up of intentional acts. It is also important to note that any ongoing criminal liability is already addressed by a longer statute of limitations period under current law.” - Prior Legislation:
- SB 1088 (Nguyen), of the 2015-2016 Legislative Session, would have extended the statute of limitations for the concealment of an accidental death to one year from the identification of the perpetrator. SB 1088 was vetoed.
- AB 1432 (Mitchell), Chapter 805, Statutes of 2012, requires a parent or guardian to report to law enforcement the death or disappearance of a child, and punishes a violation as a misdemeanor, or by a fine of up to $1,000, or both.
- SB 139 (Johnson) Chapter 396, Statutes of 1999, provides that a person who actively conceals an accidental death, as defined, is guilty of a misdemeanor.
- SB 1088 (Nguyen), of the 2015-2016 Legislative Session, would have extended the statute of limitations for the concealment of an accidental death to one year from the identification of the perpetrator. SB 1088 was vetoed.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs’ Association
Crime Victims United of California
Los Angeles County Sheriff’s Department
Orange County Board of Supervisors
Orange County District Attorney’s Office
Orange County Sheriff’s Department
Peace Officers Research Association of California
Santa Ana Police Department
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 610
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/18/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
DIGEST: This bill modifies the statute of limitations for the crime of concealing an accidental death from one year to one year after the person is initially identified by law enforcement as a suspect in the commission of the offense.
Existing law:
- Makes it a misdemeanor, punishable by a jail term of up to one year, or a fine of between $1,000 and $10,000, or both, to actively conceal an accidental death, or attempt to do so. (Pen. Code § 152, subd. (a).)
- States that to conceal an accidental death means to do one of the following:
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues; or,
- Destroy or suppress the actual physical instrumentality of death. (Pen. Code § 152, subd. (b).)
- Provides that any person who, after the commission of a felony, harbors, conceals, or aides the perpetrator in such a felony, with the intent to help the perpetrator escape arrest or prosecution is an accessory to the felony. (Pen. Code, § 32.)
- States that in general the prosecution for a misdemeanor shall be commenced within one year after the commission of the offense. (Pen. Code § 802.)
- States that if a person flees the scene of an accident that caused death or permanent, serious injury, as defined, the prosecution must commence within the statutorily proscribed time period or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. (Pen. Code § 803, subd. (j).)
This bill specifies that for the crime of concealing an accidental death, a criminal complaint may be filed up to one year after a person is initially identified by law enforcement as a suspect in the commission of the offense, with a six-year limit from when the crime occurred.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Sheriffs’ Association
Los Angeles County Sheriff’s Department
Orange County Board of Supervisors
Orange County District Attorney’s Office
Orange County Sheriff’s Department
Peace Officers Research Association of California
Santa Ana Police Department
OPPOSITION: (Verified 4/19/17)
California Attorneys for Criminal Justice
California Public Defenders Association
ARGUMENTS IN SUPPORT: According to the California State Sheriffs’ Association, “Under existing law, the offense of actively concealing an accidental death is punishable as a misdemeanor. Existing law also states that, absent other applicable statutes of limitations, a criminal complaint can only be filed against someone within one year from the time the crime was committed. As a result, a person who witnesses an accidental death and actively conceals or attempts to conceal it cannot be charged after one year.
“SB 610 allows a criminal complaint to be filed against an individual within one year from the time law enforcement identifies that individual as a suspect in the offense of concealing an accidental death, but not does allow a criminal complaint to be filed more than six years after the commission of the offense.”
ARGUMENTS IN OPPOSITION: According to the California Public Defenders Association, “This bill is problematic. Since the definition of the crime includes concealment, how is the date of the commission of the offense to be established? Once a person is reported missing, the police should not need six years to determine that a misdemeanor has occurred. Most deaths under suspicious circumstances are treated as felony homicides, for which there is either no statute of limitations (murder) or three years, six years, or longer (manslaughter). In the rare case where the police determine a suspicious death is not criminal, but accidental, it should not take more than a year to establish that. Even if it legitimately does take that long, the date of a concealed accident sets an extremely indeterminate starting point.”
4/21/17 12:50:44
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 610 Hearing Date: April 18, 2017
Author: | Nguyen | ||
Version: | February 17, 2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | SC | ||
Subject: Wrongful Concealment: Statute of Limitations
HISTORY
Source: Author
Prior Legislation: SB 1088 (Nguyen), vetoed, 2016
SB 139 (Johnson), Ch. 396, Stats. 1999
Support: California State Sheriffs’ Association
Opposition: California Attorneys for Criminal Justice; California Public Defenders Association
PURPOSE
The purpose of this bill is to modify the statute of limitations for the crime of concealing an accidental death from one year to one year after the person is initially identified by law enforcement as a suspect in the commission of the offense.
Existing law makes it a misdemeanor, punishable by a jail term of up to one year, or a fine of between $1,000 and $10,000, or both, to actively conceal an accidental death, or attempt to do so. (Pen. Code § 152, subd. (a).)
Existing law states that to conceal an accidental death means to do one of the following:
- Perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body;
- Directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues; or,
- Destroy or suppress the actual physical instrumentality of death. (Pen. Code § 152, subd. (b).)
Existing law provides that any person who, after the commission of a felony, harbors, conceals, or aides the perpetrator in such a felony, with the intent to help the perpetrator escape arrest or prosecution is an accessory to the felony. (Pen. Code, § 32.)
Existing law provides that in general the prosecution for a misdemeanor shall be commenced within one year after the commission of the offense. (Pen. Code § 802.)
Existing law states that if a person flees the scene of an accident that caused death or permanent, serious injury, as defined, the prosecution must commence within the statutorily proscribed time period or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense, whichever is later, but in no case later than six years after the commission of the offense. (Pen. Code § 803, subd. (j).)
Existing law provides that on crimes of identity theft and forged records, the statute of limitations does not start to run until the discovery of the offense. (Pen. Code § 803.5.)
This bill specifies that for the crime of concealing an accidental death, a criminal complaint may be filed up to one year after a person is initially identified by law enforcement as a suspect in the commission of the offense, with a six-year limit from when the crime occurred.
COMMENTS
1. Need for This Bill
According to the author:
Erica Alonso, a resident of Laguna Hills, went missing on February 15, 2015. Her body was later found a few months later on April 27, 2015 in a dry creek bed near Ortega Highway and Hot Springs Canyon Road near San Juan Capistrano. Erica’s death was not a homicide. However, someone with her moved the body to hide the fact that she had died. For this reason, Erica’s family and friends had no way to locate her, resulting in additional trauma to the family and community at large.
Following the discovery of Erica’s body, public outcry surfaced and a rally took place in Santa Ana that sought justice for Erica. One of the community’s frustrations centered on the lack of an appropriate penalty. Currently the consequence for dumping a body is a maximum penalty of not more than one year in county jail or by a fine of not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), or by both a fine and imprisonment.
Specifically, Senate Bill 610 amends the California Penal Code to increase the statute of limitations for the concealment of a body due to an accidental death. This bill would increase the statute of limitations to allow a criminal complaint to be filed within one year after the person is initially identified by law enforcement as a suspect of a crime, with a six year total limit from when the crime occurred.
2. Statute of Limitations Generally; Law Revision Commission Report
The statute of limitations requires commencement of a prosecution within a certain period of time after the commission of a crime. A prosecution is initiated by filing an indictment or information, filing a complaint, certifying a case to superior court, or issuing an arrest or bench warrant. (Penal Code § 804.) The failure of a prosecution to be commenced within the applicable period of limitation is a complete defense to the charge. The statute of limitations is jurisdictional and may be raised as a defense at any time, before or after judgment. People v. Morris (1988) 46 Cal.3d 1, 13. The defense may only be waived under limited circumstances. (See Cowan v. Superior Court (1996) 14 Cal.4th 367.)
The Legislature enacted the current statutory scheme regarding statutes of limitations for crimes in 1984 in response to a report of the California Law Revision Commission:
The Commission identified various factors to be considered in drafting a limitations statute. These factors include: (a) The staleness factor. A person accused of crime should be protected from having to face charges based on possibly unreliable evidence and from losing access to the evidentiary means to defend. (b) The repose factor. This reflects society's lack of a desire to prosecute for crimes committed in the distant past. (c) The motivation factor. This aspect of the statute imposes a priority among crimes for investigation and prosecution. (d) The seriousness factor. The statute of limitations is a grant of amnesty to a defendant; the more serious the crime, the less willing society is to grant that amnesty. (e) The concealment factor. Detection of certain concealed crimes may be quite difficult and may require long investigations to identify and prosecute the perpetrators.
The Commission concluded that a felony limitations statute generally should be based on the seriousness of the crime. Seriousness is easily determined based on classification of a crime as felony or misdemeanor and the punishment specified, and a scheme based on seriousness generally will accommodate the other factors as well. Also, the simplicity of a limitations period based on seriousness provides predictability and promotes uniformity of treatment.[1]
Generally, the statute of limitations for misdemeanor offenses requires commencement of prosecution within one year (Pen. Code § 802) and within three years for felony offenses (Pen. Code § 801). There are specified exceptions that either provides for a longer statute of limitations, tolls the time that the statute starts to run such as when the crime is discovered (Pen. Code § 803), or provides no statute of limitations at all (Pen. Code § 799).
This bill specifies for the crime of concealing an accidental death, the statute of limitations is one year from when the person is initially identified by law enforcement as a suspect, with an overall six-year limit from when the crime occurred.
3. Governor’s Veto of Prior Legislation
This bill is similar to SB 1088 (Nguyen) which was vetoed last year. The Governor’s veto message stated:
This bill states that a criminal complaint may be filed within one year after an individual is identified by law enforcement as a suspect in the concealment of an accidental death.
Such identification could take place years or even decades later. I believe that the statute of limitations for most crimes, especially misdemeanors, should have a defined limit. Allowing the statute to commence when a suspect has been identified, with no other parameters, serves to undermine the very purpose of a limitations period.
This bill specifies that a criminal complaint for this offense may not be filed more than six years after the commission of the offense.
4. Argument in Support
The California State Sheriffs’ Association writes in support,
Under existing law, the offense of actively concealing an accidental death is punishable as a misdemeanor. Existing law also states that, absent other applicable statutes of limitations, a criminal complaint can only be filed against someone within one year from the time the crime was committed. As a result, a person who witnesses an accidental death and actively conceals or attempts to conceal it cannot be charged after one year.
SB 610 allows a criminal complaint to be filed against an individual within one year from the time law enforcement identifies that individual as a suspect in the offense of concealing an accidental death, but not does allow a criminal complaint to be filed more than six years after the commission of the offense.
5. Argument in Opposition
The California Public Defenders Association is in opposition to this bill and writes,
This bill is problematic. Since the definition of the crime includes concealment, how is the date of the commission of the offense to be established? Once a person is reported missing, the police should not need six years to determine that a misdemeanor has occurred. Most deaths under suspicious circumstances are treated as felony homicides, for which there is either no statute of limitations (murder) or three years, six years, or longer (manslaughter). In the rare case where the police determine a suspicious death is not criminal, but accidental, it should not take more than a year to establish that. Even if it legitimately does take that long, the date of a concealed accident sets an extremely indeterminate starting point.
-- END –
1 Witkin Cal. Crim. Law Defenses, Section 214 (3rd Ed. 2004), citing 17 Cal. Law Rev. Com. Reports, pp.308-314. ↑
Bill Author
