Does discovery commence to commence the running of the statute of limitations?

California, United States of America


The following excerpt is from People v. Doolittle, H037391 (Cal. App. 2014):

Also, while the statute is silent with respect to whose discovery will commence the running of the limitations period, it appears to be settled that discovery occurs for purposes of the criminal statute of limitations "when either the victim or law enforcement learns of facts" sufficient to constitute discovery. (People v. Bell (1996) 45 Cal.App.4th 1030, 1061; see id. at p. 1065 [instruction erroneous because it failed to inform jury that conviction was barred "if it found a victim could have reasonably discovered the crimes" outside limitations period]; People v. Kronemyer (1987) 189 Cal.App.3d 314, 330-331 ["Although the statute is silent on the subject, the limitations period of section 800 has been construed . . . as commencing from the date either the victim or law enforcement personnel learn of facts which, when investigated with reasonable diligence, would make that person aware a crime had occurred."]; see id. at p. 331, fn. 7 ["California appears to be one of only five of at least twenty-one states with a tolling statute related to discovery which fails to designate the specific persons who qualify as 'discoverers.' "].)13

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