Bill Text: MI SB0577 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; indictment; limitations for indictments for certain criminal violations; modify. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-05-14 - Referred To Committee On Judiciary [SB0577 Detail]
Download: Michigan-2009-SB0577-Introduced.html
SENATE BILL No. 577
May 14, 2009, Introduced by Senators PATTERSON and BASHAM 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
2005 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VII
Sec. 24. (1) An indictment for murder, conspiracy to commit
murder, solicitation to commit murder, criminal sexual conduct in
the first degree, or 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, or a violation of chapter XXXIII of the
Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is
punishable by life imprisonment may be found and filed at any time.
(2)
An indictment for a violation or attempted violation of
section
145c, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931
PA 328, MCL 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 violation is obtained and that evidence
contains
DNA that is determined to be from an unidentified
individual,
an indictment against that individual for the violation
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.
(c)
As used in this subsection:
(i) "DNA" means human deoxyribonucleic acid.
(ii) "Identified" means the individual's
legal name is known
and
he or she has been determined to be the source of the DNA.
(2) (3)
An indictment for kidnapping,
extortion, assault with
intent to commit murder, attempted murder, manslaughter, or first-
degree home invasion may be found and filed within 10 years after
the offense is committed.
(3) (4)
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 10
years after the
offense is committed.
(b) If evidence of the violation 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 10 years after the individual is
identified.
(c) As used in this subsection:
(i) "Identified" means the individual's legal name is known.
(ii) "Identity theft" means 1 or more of the following:
(A) Conduct prohibited in section 5 or 7 of the identity theft
protection act, 2004 PA 452, MCL 445.65 and 445.67.
(B) Conduct prohibited under former section 285 of the
Michigan penal code, 1931 PA 328.
(4) (5)
All other indictments may be found
and filed within 6
10 years after the offense is committed.
(5) (6)
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.
(6) (7)
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.
