Bill Text: MI SB0462 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: statute of limitations; statute of limitations for misconduct charges against a public officer; extend. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-08-28 - Referred To Committee On Judiciary And Public Safety [SB0462 Detail]
Download: Michigan-2019-SB0462-Introduced.html
SENATE BILL NO. 462
August 28, 2019, Introduced by Senator ANANICH
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 24 of chapter VII (MCL 767.24), as amended by 2018 PA 182.
the people of the state of michigan enact:
CHAPTER VII
Sec. 24. (1) An indictment for any of the following crimes may be found and filed at any time:
(a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree.
(b) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable by imprisonment for life.
(c) A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, that is punishable by imprisonment for life.
(d) A violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, that is punishable by imprisonment for life.
(2) An indictment for a violation or attempted violation of section 13, 462b, 462c, 462d, or 462e of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.462b, 750.462c, 750.462d, and 750.462e, may be found and filed within 25 years after the offense is committed. This subsection shall be known as "Theresa Flores's Law".
(3) Except as provided in subsection (4) for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age, an indictment for a violation or attempted violation of section 136, 136a, 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136, 750.136a, 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim's twenty-first birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim's twenty-first birthday, whichever is later.
(4) An indictment for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 15 years after the offense is committed or by the alleged victim's twenty-eighth birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 15 years after the individual is identified or by the alleged victim's twenty-eighth birthday, whichever is later.
(5) As used in subsections (3) and (4):
(a) "DNA" means human deoxyribonucleic acid.
(b) "Identified" means the individual's legal name is known and he or she has been determined to be the source of the DNA.
(6) An indictment for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery, or first-degree home invasion may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed.
(b) If the offense is reported to a police agency within 1 year after the offense is committed and the individual who committed the offense is unknown, an indictment for that offense may be found and filed within 10 years after the individual is identified. This subsection shall be known as Brandon D'Annunzio's law. As used in this subsection, "identified" means the individual's legal name is known.
(7) An indictment for identity theft or attempted identity theft may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.
(b) If evidence of the offense is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.
(8) As used in subsection (7):
(a) "Identified" means the individual's legal name is known.
(b) "Identity theft" means 1 or more of the following:
(i) Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004 PA 452, MCL 445.65 and 445.67.
(ii) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.
(9) An indictment for false pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud may be found and filed within 10 years after the offense was committed or within 10 years after the instrument affecting real property was recorded, whichever occurs later.
(10) An indictment for a violation of section 478 of the Michigan penal code, 1931 PA 328, MCL 750.478, or any violation for misconduct by a public officer committed in connection with his or her official duties, may be found and filed within 10 years after the offense is committed.
(11) (10) All other indictments may be found and filed within 6 years after the offense is committed.
(12) (11) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.
(13) (12) The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.
(14) As used in this section, "public officer" means a person who is elected or appointed to or as any of the following:
(a) An office established by the state constitution of 1963.
(b) A public office of a city, village, township, or county in this state.
(c) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.
(d) An emergency manager as that term is defined in section 2 of the local financial stability and choice act, 2012 PA 436, MCL 141.1542.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
