HOUSE BILL No. 4615


     April 10, 1997, Introduced by Reps. DeVuyst, Goschka, Hammerstrom, LeTarte, McBryde, Jansen, Scranton, Raczkowski, Oxender, Dalman, Jelinek and Perricone 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

   1987 PA 255.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               CHAPTER VII

 2         Sec. 24.  (1) An indictment for the crime of murder may be

 3    found AND FILED at any  period  TIME after the death of the

 4    person alleged to have been murdered.  Indictments 

 5         (2) AN INDICTMENT FOR A VIOLATION OF SECTION 145C, 520B,

 6    520C, 520D, 520E, OR 520G OF THE MICHIGAN PENAL CODE, 1931 PA

 7    328, MCL 750.145C, 750.520B, 750.520C, 750.520D, 750.520E, AND

 8    750.520G, MAY BE FOUND AND FILED AT ANY TIME AFTER THE OFFENSE IS

 9    COMMITTED IF THE ALLEGED VICTIM OF THE OFFENSE WAS LESS THAN 18

10    YEARS OF AGE WHEN THE OFFENSE WAS COMMITTED.


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 1         (3) AN INDICTMENT for the  crimes  CRIME of kidnapping,

 2    extortion, assault with intent to commit murder,  and  OR con-

 3    spiracy to commit murder shall be found and filed within 10 years

 4    after  the commission of  the offense IS COMMITTED.  Except as

 5     otherwise provided in subsection (2), all 

 6         (4) ALL other indictments shall be found and filed within 6

 7    years after the commission of the offense.  However, any 

 8         (5) ANY period during which the party charged did not usu-

 9    ally and publicly reside within this state  shall  IS not  be

10     considered  part of the time within which the respective indict-

11    ments shall be found and filed.

12          (2) Notwithstanding subsection (1), if an alleged victim

13     was under 18 years of age at the time of the commission of the

14     offense, an indictment for an offense under section 145c or 520b

15     to 520g of the Michigan penal code, Act No. 328 of the Public

16     Acts of 1931, being sections 750.145c and 750.520b to 750.520g of

17     the Michigan Compiled Laws, may be found and filed within 6 years

18     after the commission of the offense or by the alleged victim's

19     twenty-first birthday, whichever is later. 

20         Enacting section 1.  For a violation of section 145c, 520b,

21    520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA

22    328, MCL 750.145c, 750.520b, 750.520c, 750.520d, 750.520e, and

23    750.520g, in which the alleged victim was less than 18 years of

24    age when the offense was committed, the legislature intends the

25    extension of the limitations period for prosecuting those viola-

26    tions created by this amendatory act to apply retroactively to





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 1    offenses for which prosecution is not barred at the effective

 2    date of this amendatory act.




















































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