People v. Doctor

In People v. Doctor (1967) 257 Cal. App. 2d 105, a crime with a one-year statute of limitations (willful failure to secure the payment of workmen's compensation insurance) was also the subject of a statute which provided that "'the statute of limitations shall not commence to run until the discovery ... of the failure to secure the payment of compensation....'" ( People v. Doctor, supra, 257 Cal. App. 2d at p. 108.) The court held that "'to state an offense ... for a failure to secure payment of compensation occurring more than one full year prior to the filing of the complaint, the accusatory pleading must not only allege the date of discovery of the violation but further allege facts why the violation could not have been earlier discovered in the exercise of reasonable or due diligence.'" ( Id. at p. 112.) The apparent purpose of this reasonable diligence requirement was to discourage law enforcement agencies from holding an indefinite threat of criminal prosecution over someone by purposely not engaging in the regular performance of their duties and thereby failing to discover an offense that would otherwise be discovered. ( Id. at p. 110.)