Bill Text: MI HB5578 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; statute of limitations; retroactive extension of statute of limitations for certain offenses under certain conditions; provide for. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-05 - Bill Electronically Reproduced 03/05/2020 [HB5578 Detail]
Download: Michigan-2019-HB5578-Introduced.html
HOUSE BILL NO. 5578
March 04, 2020, Introduced by Reps. VanSingel
and Yancey 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 2018 PA 182.
the people of the state of michigan enact:
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) All other
indictments may be found and filed within 6 years after the offense is
committed.
(11) Any period
during which the party charged was
not identified or 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. As used in
this subsection, "identified" means the individual's legal name is
known.
(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.
(13) An
indictment for an offense listed under subsection (1) that occurred before 1995
may be found and filed under this subsection at any time if the offense was
reported to law enforcement not more than 1 year after it was committed and if the
charged party was not charged within the statute of limitations period as it
existed before 1995 because he or she was not identified or because he or she
did not usually or publicly reside within this state. As used in this subsection,
"identified" means the individual's legal name is known.
