Bill Text: CA AB2878 | 2023-2024 | Regular Session | Amended
Bill Title: Statute of limitations: Pandemic Unemployment Assistance fraud.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2878 Detail]
Download: California-2023-AB2878-Amended.html
|
Amended
IN
Assembly
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2878
| Introduced by Assembly Member Gabriel |
February 15, 2024 |
An act to amend Section 829.7 of the Penal Code, relating to code enforcement officers. Sections 801 and 801.5 of the Penal Code, relating to prosecution of offenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 2878, as amended, Gabriel.
Code enforcement officers: safety standards. Statute of limitations: Pandemic Unemployment Assistance fraud.
Existing law prescribes the time after the commission of a crime in which a criminal action is required to be commenced, referred to as a statute of limitations. Existing law provides that prosecution for unauthorized use of personal identifying information shall be commenced within 3 years after the commission of the offense. Existing law provides that prosecution for offenses, including grand theft and insurance fraud, shall be commenced within 4 years after discovery of the offense, or within 4 years after completion of the offense, whichever is later.
For offenses involving Pandemic Unemployment Assistance fraud through the Employment Development Department, this bill would extend the statute of limitations for each of the above-described prosecutions to 12 years.
Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified. Existing law requires each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed in their jurisdiction.
This bill would make a technical, nonsubstantive change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 801 of the Penal Code is amended to read:801.
(a) Except as provided in Sections 799 and(b) Prosecution for any offense described in Section 530.5 involving Pandemic Unemployment Assistance fraud through the
Employment Development Department where the offender accessed state unemployment insurance funds between March 19, 2020, and December 31, 2022, shall be commenced within 12 years after commission of the offense.
SEC. 2.
Section 801.5 of the Penal Code is amended to read:801.5.
(a) Notwithstanding Section 801 or any other provision of law, and except as provided in subdivision (b), prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.(b) Prosecution for any offense described in subdivision (c) of Section 803 involving
Pandemic Unemployment Assistance fraud through the Employment Development Department where the offender accessed state unemployment insurance funds between March 19, 2020, and December 31, 2022, shall be commenced within 12 years after discovery of the commission of the offense, or within 12 years after the completion of the offense, whichever is later.
A local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction.
