Legal Question in Criminal Law in California

Statute of Limitations questions (see Los Angeles Times 6/27/03 p1)

Where can I find on-line when the retroactive change to Penal Code 803 became effective (LA Times says 1994, but nothing further)? If a crime is alleged to have happened between dates A and C, and the change to the Penal Code was at B (between A and C), what is the effect on that charge? If at a trial there were multiple charges that now appear to be unconstitutional as well as some charges that may be constitutional, what is the effect on the trial and its outcome? Thanks.


Asked on 6/27/03, 11:51 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Statute of Limitations questions (see Los Angeles Times 6/27/03 p1)

Thank you for your inquiry. You will likely have to do some reseach as to legislative history on PC 803 in the law library to answer your question.

As you suggest, the constitution prohibits ex post facto laws and their prosecution, so in the hypothetical you've described, the prosecution can only constitutionally go after a crime that occurred after point B.

I hope this helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 6/29/03, 6:11 pm


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