Bill Amendment: MS HB1323 | 2024 | Regular Session
Bill Title: Statute of limitations; increase for sexual battery of a vulnerable person.
Status: 2024-05-13 - Approved by Governor [HB1323 Detail]
Download: Mississippi-2024-HB1323-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1323
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 99-1-5, Mississippi Code of 1972, is amended as follows:
99-1-5. (1) (a) The passage
of time shall never bar prosecution against any person for the offenses of murder,
manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson,
burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining
money or property under false pretenses or by fraud, felonious abuse or battery
of a child as described in Section 97-5-39, touching or handling a child for lustful
purposes as described in Section 97-5-23, sexual battery of a child as described
in Section 97-3-95(1)(c), (d) or (2), exploitation of children as described
in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person
involved is a minor, felonious abuse of vulnerable persons, as described in Sections
43-47-18 and 43-47-19 or any human trafficking offense as described in Section
97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 97-3-54.3 * * *; or
(b) A person shall not
be prosecuted for felonious assistance-program fraud, as described in Section 97-19-71, * * * unless the
prosecution for the offense is commenced within five (5) years * * * after the commission thereof.
(c) A person shall not
be prosecuted for larceny of timber as described in Section 97-17-59, unless the
prosecution for the offense is commenced within six (6) years * * * after the commission thereof.
(d) The time limitation on prosecution for conspiracy, as described in Section 97-1-1, shall be the same as for the underlying offense for which the defendant is accused of conspiring to commit.
(e) A person shall not be prosecuted for bribery as defined in Section 97-11-11, unless the prosecution for the offense is commenced within five (5) years after the commission thereof.
(2) A person shall not be prosecuted
for any other offense not listed in this section unless the prosecution for the
offense is commenced within two (2) years * * * after the commission thereof.
(3) Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 99-1-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE STATUTE OF LIMITATIONS FOR PROSECUTION OF THE CRIME OF SEXUAL BATTERY OF A VULNERABLE PERSON; AND FOR RELATED PURPOSES.
