S-3626               _______________________________________________

                                                   SENATE BILL NO. 4558

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Moore

Read first time 1/15/86 and referred to Committee on Judiciary.

AN ACT Relating to statutes of limitation; amending RCW 21.20.400; and reenacting and amending RCW 9A.04.080.

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

        Sec. 1.  Section 9A.04.080, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 186, Laws of 1985 and by section 19, chapter 455, Laws of 1985 and RCW 9A.04.080 are each reenacted and amended to read as follows:

(1) Except as provided in subsection (2) of this section, prosecutions for the offenses of murder, and arson where death ensues, may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correctional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, and arson where death does not ensue, within ten years after their commission; for violations of RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b), within seven years after their commission; for violations of RCW 9A.82.060 or 9A.82.080, within six years after their commission;  for all other offenses the punishment of which may be imprisonment in a state correctional institution, within three years ((after their commission)) after discovery of the facts constituting the offense; two years after discovery of the facts constituting the offense for gross misdemeanors; and for all other offenses, within one year ((after their commission:  PROVIDED, That)) after discovery of the facts constituting the offense;

(2) Any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one, two, three, six, seven, and ten years respectively((:  AND FURTHER PROVIDED, That));

(3) Where an indictment has been found, or complaint or an information filed, within the time limited for the commencement of a criminal action, if the indictment, complaint or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, or information was set aside.

        Sec. 2.  Section 40, chapter 282, Laws of 1959 as last amended by section 28, chapter 68, Laws of 1979 ex. sess. and RCW 21.20.400 are each amended to read as follows:

          Any person who wilfully violates any provision of this chapter except RCW 21.20.350, or who wilfully violates any rule or order under this chapter, or who wilfully violates RCW 21.20.350 knowing the statement made to be false or misleading in any material respect, shall upon conviction be fined not more than five thousand dollars or imprisoned not more than ten years, or both; but no person may be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order.  No indictment or information may be returned under this chapter more than five years after the date of discovery of the facts constituting the alleged violation.