Bill Text: IA SF182 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to limitations of criminal actions by extending the limitation period of time for fraud or breach of fiduciary obligation, and expanding the periods of time excluded from the limitation due to concealment and lack of evidence to prosecute.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-06 - Subcommittee: Schultz, Petersen, and Schneider. S.J. 225. [SF182 Detail]

Download: Iowa-2017-SF182-Introduced.html

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Senate File 182 - Introduced




                                 SENATE FILE       
                                 BY  PETERSEN

                                      A BILL FOR

  1 An Act relating to limitations of criminal actions by extending
  2    the limitation period of time for fraud or breach of
  3    fiduciary obligation, and expanding the periods of time
  4    excluded from the limitation due to concealment and lack of
  5    evidence to prosecute.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1436XS (2) 87
    jm/rj

PAG LIN



  1  1    Section 1.  Section 802.5, Code 2017, is amended to read as
  1  2 follows:
  1  3    802.5  Extension for fraud, fiduciary breach.
  1  4    If the periods prescribed in sections 802.3 and 802.4 have
  1  5 expired, prosecution may nevertheless be commenced for any
  1  6 offense a material element of which is either fraud or a breach
  1  7 of fiduciary obligation within one year after discovery of the
  1  8 offense by an aggrieved party or by a person who has legal duty
  1  9 to represent an aggrieved party and who is not a party to the
  1 10 offense, but in no case shall this provision extend the period
  1 11 of limitation otherwise applicable by more than three seven
  1 12  years.
  1 13    Sec. 2.  Section 802.6, Code 2017, is amended by adding the
  1 14 following new subsection:
  1 15    NEW SUBSECTION.  3.  The time within which an indictment or
  1 16 information must be found shall not include the time during
  1 17 which the accused person conceals evidence of the offense,
  1 18 evidence sufficient to charge the person with the offense is
  1 19 unknown to the prosecuting attorney, and the offense could not
  1 20 have been discovered by the prosecuting attorney through the
  1 21 exercise of due diligence.
  1 22                           EXPLANATION
  1 23 The inclusion of this explanation does not constitute agreement with
  1 24 the explanation's substance by the members of the general assembly.
  1 25    This bill relates to limitations of criminal actions
  1 26 (statute of limitations) by extending the limitation for fraud
  1 27 or breach of fiduciary obligation, and expanding the periods of
  1 28 time excluded from limitations.
  1 29    Under the bill, if the limitation periods in Code sections
  1 30 802.3 (felony ==== aggravated or serious misdemeanor) and 802.4
  1 31 (simple misdemeanor ==== ordinance) have expired, the time
  1 32 period to prosecute may be extended for any criminal offense
  1 33 within one year after discovery of the criminal offense,
  1 34 where a material element of the offense contains either fraud
  1 35 or a breach of fiduciary obligation, but the time period to
  2  1 prosecute the criminal offense shall not be extended by more
  2  2 than seven years.  Currently, the time period to prosecute
  2  3 a criminal offense where a material element of the offense
  2  4 contains either fraud or a breach of fiduciary obligation
  2  5 may be extended within one year of discovery of the criminal
  2  6 offense, but the time period to prosecute the criminal offense
  2  7 shall not be extended by more than three years.
  2  8    The bill also excludes from the statute=of=limitations
  2  9 period the time period during which the accused person conceals
  2 10 evidence of the offense, evidence sufficient to prosecute
  2 11 the person with that offense is unknown to the prosecuting
  2 12 attorney, and the offense could not have been discovered by the
  2 13 prosecuting attorney through the exercise of due diligence.
       LSB 1436XS (2) 87
       jm/rj