HB-5010, As Passed House, May 1, 2018
HB-5010, As Passed Senate, May 1, 2018
September 26, 2017, Introduced by Reps. Farrington, Kesto, Lucido, Lilly, Alexander, Runestad, Marino, Glenn, Hornberger, Hauck, Brann, Crawford, Hughes and Kahle and referred to the Committee on Law and Justice.
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
2017 PA 79.
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) 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) As used in subsection (3):
(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.
(5) 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.
(6) 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.
(7) As used in subsection (6):
(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.
(8) 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.
(9) All other indictments may be found and filed within 6
years after the offense is committed.
(10) 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.
(11) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.