H-1824              _______________________________________________

                                                   HOUSE BILL NO. 2102

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Fraser, Belcher, Brough, Anderson, P. King and Winsley

Read first time 2/22/89 and referred to Committee on Judiciary.

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

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

        Sec. 1.  Section 14, chapter 145, Laws of 1988 and RCW 9A.04.080 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) 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.

          (c) The following offenses shall not be prosecuted more than seven years after their commission or until the victim's twenty-second birthday, whichever is later:  Rape of a child in the first or second degree ((or)); child molestation in the first or second  degree; rape in the first, second, or third degree if the victim was under fourteen years of age at the time of the commission of the offense; or incest.

          (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.