Assembly OKs New Limit on Rape Prosecution in DNA Cases

The Assembly on Thursday unanimously approved a measure to eliminate the current statute of limitations on rape cases in which DNA evidence identifies a suspect.

The change would be a major departure from California’s six-year limit on prosecution of rape cases. AB 1742 would require a suspect identified through DNA testing to be prosecuted within one year of the test.

Assemblyman Lou Correa (D-Anaheim), author of the bill, sees it as a necessary step in an age of advancing forensic technology. There have been cases in which rapists have been identified through DNA, but too late to be prosecuted under the current statute of limitations.

“The intent of this bill is to bring existing law up to the state of DNA evidence,” Correa said. “We’re trying to turn off the meter that lets these perpetrators get away.”

The only debate came from Republican Rod Pacheco of Riverside, who asked why the bill was not made retroactive, covering rape cases before 1990. Correa answered that this could lead to legal challenges.

Audie Bock of Piedmont, the Assembly’s lone independent, lauded the bill. “This is a very important measure . . . for anyone who has ever been the victim of a sexual predator,” she said.

The measure was approved 55 to 0 and now goes to the state Senate Public Safety Committee.