_______________________________________________
SENATE
BILL 5541
_______________________________________________
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read first time 02/02/93. Referred to Committee on Law
& Justice.
Revising the statute of limitations for
certain sex offenses.
AN ACT Relating to statute of limitations for
sexual offenses; amending RCW 9A.04.080; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 9A.04.080 and 1989 c 317 s 3 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall
not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at
any time after their commission:
(i) Murder;
(ii) Arson if a death results.
(b) The following offenses shall not be
prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if
the commission is in connection with the duties of his or her office or
constitutes a breach of his or her public duty or a violation of the oath of
office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or
9A.44.050 if the rape is reported to a law enforcement agency within one year
of its commission; except that if the victim is under fourteen years of age
when the rape is committed and the rape is reported to a law enforcement agency
within one year of its commission, the violation may be prosecuted up to three
years after the victim's eighteenth birthday or up to ten years after the
rape's commission, whichever is later. If a violation of RCW 9A.44.040 or
9A.44.050 is not reported within one year, the rape may not be prosecuted: (A)
More than three years after its commission if the violation was committed
against a victim fourteen years of age or older; or (B) more than three years
after the victim's eighteenth birthday or more than seven years after the
rape's commission, whichever is later, if the violation was committed against a
victim under fourteen years of age.
(c) Violations of the following statutes shall
not be prosecuted more than three years after the victim's eighteenth birthday
or more than seven years after their commission, whichever is later:
(((i))) RCW 9A.44.073, 9A.44.076,
9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, ((or)) 9A.44.100(1)(b)((;
or
(ii) If the victim was under the age of
fourteen years of age at the time of the commission of the offense, RCW
9A.44.040, 9A.44.050)),
or 9A.64.020.
(d) The following offenses shall not be
prosecuted more than six years after their commission: Violations of RCW
9A.82.060 or 9A.82.080.
(e) The following offenses shall not be
prosecuted more than five years after their commission: Any class C felony under
chapter 74.09 RCW.
(f) Bigamy shall not be prosecuted more than
three years after the time specified in RCW 9A.64.010.
(g) No other felony may be prosecuted more than
three years after its commission.
(h) No gross misdemeanor may be prosecuted more
than two years after its commission.
(i) No misdemeanor may be prosecuted more than
one year after its commission.
(2) The periods of limitation prescribed in
subsection (1) of this section do not run during any time when the person
charged is not usually and publicly resident within this state.
(3) If, before the end of a period of
limitation prescribed in subsection (1) of this section, an indictment has been
found or a complaint or an information has been filed, and the indictment,
complaint, or information is set aside, then the period of limitation is
extended by a period equal to the length of time from the finding or filing to
the setting aside.
