_______________________________________________
SUBSTITUTE
SENATE BILL 5724
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
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.
