SENATE BILL No. 355
March 22, 2001, Introduced by Senators VAN REGENMORTER and JOHNSON 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
the crimes
of kidnapping, extortion,
6 assault with intent to commit
murder,
and ATTEMPTED MURDER,
7 conspiracy to commit murder, OR FIRST-DEGREE HOME INVASION shall
8 be found and filed within 10 years
after
the commission of the
9 offense IS COMMITTED.
Except as
otherwise provided in
10 subsection (2), all
HOWEVER, IF
EVIDENCE OF AN OFFENSE LISTED IN
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1 THIS SUBSECTION IS OBTAINED AND THAT EVIDENCE CONTAINS DNA THAT
2 IS DETERMINED TO BE FROM AN UNIDENTIFIED INDIVIDUAL, AN INDICT-
3 MENT AGAINST THAT INDIVIDUAL FOR THE VIOLATION MAY BE FOUND AND
4 FILED AT ANY TIME AFTER THE OFFENSE IS COMMITTED. HOWEVER, AFTER
5 THE INDIVIDUAL IS IDENTIFIED, THE INDICTMENT SHALL BE FOUND AND
6 FILED WITHIN 10 YEARS AFTER THE INDIVIDUAL IS IDENTIFIED. AS
7 USED IN THIS SUBSECTION:
8 (A) "DNA" MEANS HUMAN DEOXYRIBONUCLEIC ACID.
9 (B) "UNIDENTIFIED INDIVIDUAL" INCLUDES, BUT IS NOT LIMITED
10 TO, AN INDIVIDUAL WHO CAN ONLY BE IDENTIFIED BY HIS OR HER DNA
11 PROFILE.
12 (3) ALL other indictments shall be found and filed within 6
13 years after the
commission of the
offense IS COMMITTED.
14 However, any
15 (4) ANY period during which the party charged did not usu-
16 ally and publicly reside within this
state shall IS not be
17 considered
part of the time within
which the respective indict-
18 ments shall be found and filed.
19 (5) (2)
Notwithstanding
subsection (1) (3), if an
20 alleged victim was under 18 years of age at the time of the com-
21 mission of the offense, an indictment for an offense under sec-
22 tion 145c or 520b, to
520C, 520D,
520E, OR 520g of the Michigan
23 penal code, Act No. 328
of the Public
Acts of 1931, being sec-
24 tions 750.145c and
750.520b to 750.520g
of the Michigan Compiled
25 Laws MCL
750.145C, 750.520B, 750.520C,
750.520D, 750.520E, AND
26 750.520G, may be found and filed within 6 years after the
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1 commission of the offense or by the alleged victim's twenty-first
2 birthday, whichever is later.
3 Enacting section 1. The legislature intends that the exten-
4 sion or tolling, as applicable, of the limitations period pro-
5 vided in this amendatory act shall apply to any of those viola-
6 tions for which the limitations period has not expired at the
7 time this amendatory act takes effect.
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