SB 413

Under current law, a person is immune from being prosecuted for certain controlled substance violations (possession of a controlled substance, drug paraphernalia, or a masking agent) if the person aids a person who is suffering from an overdose of a controlled substance. Current law outlines the requirements for the person providing the aid in order for the immunity to apply. Under this bill, a person is immune from being charged or prosecuted for the same controlled substance violations if the person is providing assistance to a victim of a sexual assault. The bill provides that, in order for immunity to apply, the evidence for the controlled substance violation must have been obtained when the person requested emergency assistance in connection with the sexual assault, when the person encountered a law enforcement officer at a medical facility at which the victim received treatment in connection with the assault, or when the person sought to report the assault or requested assistance for the assault. In addition, unless the person lacks the capacity, the person must have provided a name, contact number, and any requested information. The bill provides immunity for the same controlled substance violations to a victim of a sexual assault if the evidence for the controlled substance violation was obtained when the victim sought to report the sexual assault or requested assistance related to the sexual assault. The bill also prohibits revoking a person’s pretrial release, probation, extended supervision, parole, or supervised release based on a controlled substance violation for which the bill grants immunity.

Under current law, an underage person may not be issued a citation or be convicted for certain alcohol crimes such as possession or consumption if the underage person is a victim, or a bystander who is present with a victim, of certain sex offenses and emergency assistance was requested or medical treatment sought for the sex offense. This bill adds that the underage person may not be issued a citation or be convicted of the same crimes if the underage person sought to report or request assistance for the sex offense. This bill also prohibits revoking the underage person’s pretrial release, probation, extended supervision, parole, or supervised release based on an alcohol crime for which the underage person may not be issued a citation or be convicted.

Current law limits the time a prosecutor has to file a criminal complaint against a person—this is commonly called a statute of limitations. The limit varies by the nature and severity of the crime; for instance, for most felonies the limit is six years after the commission of the crime, but there is no limit for homicide or first-degree sexual assault. Under current law, a criminal complaint for second-degree sexual assault must be filed within 10 years after the assault. This bill extends the period so that a criminal complaint for second-degree sexual assault must be filed within 20 years after the assault.

Also under current law, a residential tenant may terminate his or her tenancy, leave his or her residential premises, and not be liable for rent after the end of the month following the month in which he or she provides notice or removes from the premises, whichever is later, if both 1) the tenant or the tenant’s child faces an imminent threat of serious physical harm from another person if the tenant remains on the premises and 2) the tenant provides the landlord with the appropriate statutory notice of terminating tenancy and with a certified copy of either an injunction order or a criminal complaint based on or alleging that another person has sexually assaulted the tenant or the tenant’s child. This bill removes the first condition, resulting in a person being able to vacate a residential tenancy and not be liable for certain remaining rent if the tenant provides a certified copy of an injunction order or criminal complaint based on or alleging that the tenant or the tenant’s child has been sexually assaulted.