STATUTE OF LIMITATIONS:

ELIMINATE FOR CERTAIN CRIMES



House Bill 4140

Sponsor: Rep. Larry DeVuyst

Committee: Criminal Law and Corrections


Complete to 2-24-99



A SUMMARY OF HOUSE BILL 4140 AS INTRODUCED 2-3-99


The bill would amend the Code of Criminal Procedure to eliminate the statute of limitations for certain crimes involving victims who were under the age of 18 at the time of the alleged offense. Current law requires an indictment for such crimes to be filed within 6 years after the commission of the offense or by the alleged victim's 21st birthday, whichever date is later.


The specific crimes for which, under the bill, an indictment could be filed at any time after the crime occurred would include: the production, distribution, or promotion of child sexually abusive material; first, second, third, and fourth degree criminal sexual conduct; and assault with the intent to commit criminal sexual conduct.


Finally, the bill would specify that it was the intent of the legislature that the elimination of the statute of limitations would apply retroactively, allowing for the prosecution of those offenses not barred as of the bill's effective date.


MCL 767.24

















Analyst: W. Flory



This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.