Z-1045               _______________________________________________

                                                   SENATE BILL NO. 4657

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State of Washington                              49th Legislature                              1986 Regular Session

By Senators Talmadge, DeJarnatt, Kreidler, Moore, Newhouse and McDonald; by request of Department of Social and Health Services

Read first time 1/20/86 and referred to Committee on Judiciary.

AN ACT Relating to criminal actions under chapter 74.09 RCW; reenacting and amending RCW 9A.04.080; and adding a new section to chapter 74.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 9A.04.080, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 186, Laws of 1985 and by section 19, chapter 455, Laws of 1985 and RCW 9A.04.080 are each reenacted and amended to read as follows:

          Prosecutions for the offenses of murder, and arson where death ensues, may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correctional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, and arson where death does not ensue, within ten years after their commission; for violations of RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b), within seven years after their commission; for violations of RCW 9A.82.060 or 9A.82.080, within six years after their commission; for class C felonies under chapter 74.09 RCW, within five years after their commission;  for all other offenses the punishment of which may be imprisonment in a state correctional institution, within three years after their commission; two years for gross misdemeanors; and for all other offenses, within one year after their commission:  PROVIDED, That any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one, two, three, five, six, seven, and ten years respectively:  AND FURTHER PROVIDED, That where an indictment has been found, or complaint or an information filed, within the time limited for the commencement of a criminal action, if the indictment, complaint or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, or information was set aside.

NEW SECTION. Sec. 2.  A new section is added to chapter 74.09 RCW to read as follows:

          The limitations period for class C felonies under this chapter shall be as provided for in RCW 9A.04.080.