CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5724

 

 

 

 

                        55th Legislature

                      1997 Regular Session

Passed by the Senate March 12, 1997

  YEAS 45   NAYS 0

 

 

 

President of the Senate

 

Passed by the House April 10, 1997

  YEAS 96   NAYS 0

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5724 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below. 

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 5724

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senate Committee on Law & Justice (originally sponsored by Senators Wood, Roach and Haugen)

 

Read first time 02/27/97.

Extending the statute of limitations for first degree theft when the victim is a 501(c)(3) corporation. 


    AN ACT Relating to limitation of actions; and reenacting and amending RCW 9A.04.080.

 

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

 

    Sec. 1.  RCW 9A.04.080 and 1995 c 287 s 5 and 1995 c 17 s 1 are each reenacted and 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, 82.36, or 82.38 RCW.

    (f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

    (g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).

    (h) No other felony may be prosecuted more than three years after its commission.

    (((h))) (i) No gross misdemeanor may be prosecuted more than two years after its commission.

    (((i))) (j) 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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