_______________________________________________
HOUSE
BILL 1067
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/13/97. Referred to Committee on Law & Justice.
Extending the time limits for commencing a prosecution for certain
traffic crimes where a death results.
AN
ACT Relating to motor vehicle offenses involving deaths; 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;
(iv)
Vehicular homicide;
(v)
Vehicular assault if a death results;
(vi)
Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).
(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)
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.
