Bill Text: MI SB1249 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Criminal procedure; statute of limitations; 5-year limit for violation of the campaign finance act; provide for. Amends sec. 24, ch. VII of 1927 PA 175 (MCl 767.24). TIE BAR WITH: SB 1250'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2018-12-31 - Vetoed By Governor 12/28/2018 12/31/18 Addenda [SB1249 Detail]

Download: Michigan-2017-SB1249-Engrossed.html

SB-1249, As Passed House, December 20, 2018

SB-1249, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1249

 

 

 

 

 

 

 

 

 

 

 

     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 the Michigan campaign

 

finance act, 1976 PA 388, MCL 169.201 to 169.282, may be found and

 

filed within 5 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.

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