SB-1249, As Passed House, December 20, 2018

SB-1249, As Passed Senate, December 6, 2018

SUBSTITUTE FOR

SENATE BILL NO. 1249

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:

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.

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) An indictment for a violation of the Michigan campaign

finance act, 1976 PA 388, MCL 169.201 to 169.282, may be found and

filed within 5 years after the offense is committed.

(11) ~~(10)~~ All other indictments may be found and filed within

6 years after the offense is committed.

(12) ~~(11)~~ 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.

(13) ~~(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.