S-0014.1  _______________________________________________

                         SENATE BILL 5027

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Smith, McCaslin, Rasmussen, Prentice, Kohl and Schow

Read first time 01/09/95.  Referred to Committee on Law & Justice.

Extending the period of time within which a prosecution for homicide by abuse may be commenced.

    AN ACT Relating to the statute of limitations for homicide by abuse; and amending RCW 9A.04.080.

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

    Sec. 1.  RCW 9A.04.080 and 1993 c 214 s 1 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) Homicide by abuse;

(iii) 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:  RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), 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.

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