AMENDED IN ASSEMBLY AUGUST 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

96

CHAPTER 653

Statutes of 2024

[ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ]

Introduced by Senator Rubio

February 16, 2023

An act to amend Section 803.7 of the Penal Code, relating to domestic violence.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law makes the infliction of corporal injury resulting in a traumatic condition upon specified victims, including the offender’s spouse or former spouse, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or a fine of up to $6,000, or by both that fine and imprisonment. Existing law authorizes prosecution for that criminal act to be commenced within 5 years, and applies this provision to criminal acts that are committed on or after January 1, 2020, and to criminal acts for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.

This bill would authorize prosecution for that crime to be commenced within 7 years. The bill would apply to crimes that are committed on or after January 1, 2025, and to crimes for which the statute of limitations that was in effect prior to January 1, 2025, has not run as of January 1, 2025.

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the Phoenix Act.

SEC. 2.

Section 803.7 of the Penal Code is amended to read:

803.7.

(a) Notwithstanding any other law, prosecution for a violation of Section 273.5 may be commenced within seven years of the crime.

(b) This section applies to crimes that are committed on or after January 1, 2025, and to crimes for which the statute of limitations that was in effect prior to January 1, 2025, has not elapsed as of January 1, 2025.