Bill Text: MN SF2209 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Financial exploitation of a vulnerable adult statute of limitations extension
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-05 - Referred to Judiciary and Public Safety [SF2209 Detail]
Download: Minnesota-2011-SF2209-Introduced.html
1.2relating to public safety; extending statute of limitations for financial exploitation
1.3of a vulnerable adult;amending Minnesota Statutes 2010, section 628.26.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 628.26, is amended to read:
1.6628.26 LIMITATIONS.
1.7(a) Indictments or complaints for any crime resulting in the death of the victim may
1.8be found or made at any time after the death of the person killed.
1.9(b) Indictments or complaints for a violation of section609.25 may be found or
1.10made at any time after the commission of the offense.
1.11(c) Indictments or complaints for violation of section609.282 may be found or made
1.12at any time after the commission of the offense if the victim was under the age of 18 at
1.13the time of the offense.
1.14(d) Indictments or complaints for violation of section609.282 where the victim
1.15was 18 years of age or older at the time of the offense, or609.42, subdivision 1 , clause
1.16(1) or (2), shall be found or made and filed in the proper court within six years after
1.17the commission of the offense.
1.18(e) Indictments or complaints for violation of sections609.342 to
609.345 if the
1.19victim was under the age of 18 years at the time the offense was committed, shall be found
1.20or made and filed in the proper court within the later of nine years after the commission of
1.21the offense or three years after the offense was reported to law enforcement authorities.
1.22(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
1.23violation of sections609.342 to
609.344 may be found or made and filed in the proper
1.24court at any time after commission of the offense, if physical evidence is collected and
2.1preserved that is capable of being tested for its DNA characteristics. If this evidence is not
2.2collected and preserved and the victim was 18 years old or older at the time of the offense,
2.3the prosecution must be commenced within nine years after the commission of the offense.
2.4(g) Indictments or complaints for violation of sections609.466 and
609.52,
2.5subdivision 2 , clause (3), item (iii), shall be found or made and filed in the proper court
2.6within six years after the commission of the offense.
2.7(h) Indictments or complaints for violation of section609.2335, 609.52, subdivision
2.82 , clause (3), items (i) and (ii), (4), (15), or (16),
609.631 , or
609.821 , where the value of
2.9the property or services stolen is more than $35,000, shall be found or made and filed in
2.10the proper court withinfive ten years after the commission of the offense.
2.11(i) Except for violations relating to false material statements, representations or
2.12omissions, indictments or complaints for violations of section609.671 shall be found or
2.13made and filed in the proper court within five years after the commission of the offense.
2.14(j) Indictments or complaints for violation of sections609.561 to
609.563 , shall
2.15be found or made and filed in the proper court within five years after the commission
2.16of the offense.
2.17(k) In all other cases, indictments or complaints shall be found or made and filed in
2.18the proper court within three years after the commission of the offense.
2.19(l) The limitations periods contained in this section shall exclude any period of time
2.20during which the defendant was not an inhabitant of or usually resident within this state.
2.21(m) The limitations periods contained in this section for an offense shall not include
2.22any period during which the alleged offender participated under a written agreement in a
2.23pretrial diversion program relating to that offense.
2.24(n) The limitations periods contained in this section shall not include any period
2.25of time during which physical evidence relating to the offense was undergoing DNA
2.26analysis, as defined in section299C.155 , unless the defendant demonstrates that the
2.27prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
2.28order to gain an unfair advantage.
2.29EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.30committed on or after that date.
1.3of a vulnerable adult;amending Minnesota Statutes 2010, section 628.26.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 628.26, is amended to read:
1.6628.26 LIMITATIONS.
1.7(a) Indictments or complaints for any crime resulting in the death of the victim may
1.8be found or made at any time after the death of the person killed.
1.9(b) Indictments or complaints for a violation of section
1.10made at any time after the commission of the offense.
1.11(c) Indictments or complaints for violation of section
1.12at any time after the commission of the offense if the victim was under the age of 18 at
1.13the time of the offense.
1.14(d) Indictments or complaints for violation of section
1.15was 18 years of age or older at the time of the offense, or
1.16(1) or (2), shall be found or made and filed in the proper court within six years after
1.17the commission of the offense.
1.18(e) Indictments or complaints for violation of sections
1.19victim was under the age of 18 years at the time the offense was committed, shall be found
1.20or made and filed in the proper court within the later of nine years after the commission of
1.21the offense or three years after the offense was reported to law enforcement authorities.
1.22(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
1.23violation of sections
1.24court at any time after commission of the offense, if physical evidence is collected and
2.1preserved that is capable of being tested for its DNA characteristics. If this evidence is not
2.2collected and preserved and the victim was 18 years old or older at the time of the offense,
2.3the prosecution must be commenced within nine years after the commission of the offense.
2.4(g) Indictments or complaints for violation of sections
2.5subdivision 2
2.6within six years after the commission of the offense.
2.7(h) Indictments or complaints for violation of section
2.82
2.9the property or services stolen is more than $35,000, shall be found or made and filed in
2.10the proper court within
2.11(i) Except for violations relating to false material statements, representations or
2.12omissions, indictments or complaints for violations of section
2.13made and filed in the proper court within five years after the commission of the offense.
2.14(j) Indictments or complaints for violation of sections
2.15be found or made and filed in the proper court within five years after the commission
2.16of the offense.
2.17(k) In all other cases, indictments or complaints shall be found or made and filed in
2.18the proper court within three years after the commission of the offense.
2.19(l) The limitations periods contained in this section shall exclude any period of time
2.20during which the defendant was not an inhabitant of or usually resident within this state.
2.21(m) The limitations periods contained in this section for an offense shall not include
2.22any period during which the alleged offender participated under a written agreement in a
2.23pretrial diversion program relating to that offense.
2.24(n) The limitations periods contained in this section shall not include any period
2.25of time during which physical evidence relating to the offense was undergoing DNA
2.26analysis, as defined in section
2.27prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
2.28order to gain an unfair advantage.
2.29EFFECTIVE DATE.This section is effective August 1, 2012, and applies to crimes
2.30committed on or after that date.
