Step 1 concluded: sex-crimes SOL passes California Senate
It’s a start.
Would-be legislation in California is, well, would-be.
That is, a bill is merely incipient and must clear multiple hurdles before it is deemed finally approved and can be enacted as law.
A high-profile bill (SB 813, for short) focused upon the reporting window available for individuals to file legal claims regarding sex crimes has just negotiated the first hurdle, being approved by the California Senate last week. The legislation now moves to the Assembly for debate and consideration. If it also garners approval there, it will be placed before Gov. Jerry Brown and, potentially, his signature denoting it as new state law.
The bill is controversial. Critics, which include the American Civil Liberties Union and defense attorneys, contend that removing a cut-off date for filing claims will result in injustice in some cases owing to the effects that the passage of many years can yield on recollections, evidence and related matters.
Proponents dismiss any such argument. The bill’s author, Sen. Connie Leyva (D-Chino), says that removing the statute of limitations in rape and child molestation cases, as well as in other sex-crimes matters, “will help to prevent rapists and sexual predators from evading legal consequences in California.” She states that surviving victims of sex offenses must have an open window not marked by time restrictions to pursue justice and closure “for the unthinkable crimes committed against them.”
If passed, the new legislation would supplant existing law providing that rape cases must be commenced within 10 years, absent discovery of relevant genetic evidence following that period.
Serving clients throughout the Greater Los Angeles and Southern California area, we represent victims in a variety of civil litigation cases. If you or a loved one has been injured, turn to an experienced Los Angeles personal injury or sexual assault lawyer.
Find out more about Taylor & Ring.