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SENATE BILL 5027
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Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
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.
Passed
the Senate March 1, 1995.
Passed
the House April 4, 1995.
Approved by the Governor April 12, 1995.
Filed in
Office of Secretary of State April 12, 1995.
