Bill Text: MI SB0871 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Criminal procedure; statute of limitations; statute of limitations for certain criminal sexual conduct violations; modify. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 0182'18 With Immediate Effect [SB0871 Detail]
Download: Michigan-2017-SB0871-Engrossed.html
SB-0871, As Passed Senate, March 14, 2018
SENATE BILL No. 871
February 27, 2018, Introduced by Senators O'BRIEN, JONES, HORN, KNOLLENBERG, KNEZEK, HERTEL, BIEDA, ROCCA, EMMONS, CONYERS, ANANICH, HOPGOOD, BRANDENBURG, STAMAS, MARLEAU, COLBECK, ZORN, KOWALL and SHIRKEY and referred to the Committee on Judiciary.
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
2017 PA 79.
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 or attempted violation of section 520c of the
Michigan penal code, 1931 PA 328, MCL 750.520c, in which the victim
is under 18 years of age.
(e) (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)
An Except as provided for
a violation of section 520c of
the Michigan penal code, 1931 PA 328, MCL 750.520c, described in
subsection (1)(d) or a violation of section 520d of the Michigan
penal code, 1931 PA 328, MCL 750.520d, described in subsection (4),
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 520d of the
Michigan penal code, 1931 PA 328, MCL 750.520d, in which the victim
is under 18 years of age may be found and filed as follows:
(a) An indictment may be found and filed within 30 years after
the offense is committed or by the alleged victim's forty-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 30 years after the individual is identified
or by the alleged victim's forty-eighth birthday, whichever is
later.
(5) (4)
As used in subsection 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) (5)
An indictment for kidnapping,
extortion, assault with
intent to commit murder, attempted murder, manslaughter, 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) (6)
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) (7)
As used in subsection (6):(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) (8)
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) (9)
All other indictments may be found
and filed within 6
years after the offense is committed.
(11) (10)
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.
(12) (11)
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
