BILL REQ. #:  H-0665.1 

Read first time 01/28/11.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to the statute of limitations on certain sex offenses; 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 2009 c 61 s 1 and 2009 c 53 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));
     (vii) Rape in the first and second degree if the victim is under the age of eighteen at the time the crime is committed (RCW 9A.44.040 and 9A.44.050);
     (viii) Rape of a child in the first and second degree (RCW 9A.44.073 and 9A.44.076).
     (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)(A) 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)) and the victim is ((under fourteen)) eighteen years of age ((when the rape)) or older on the date the crime 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 the victim's twenty-eighth birthday)).
     (B) If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, and the victim is eighteen years of age or older on the date the crime is committed, the rape may not be prosecuted((: (I))) more than three years after its commission ((if the violation was committed against a victim fourteen years of age or older; or (II) 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 may be prosecuted up to the victim's twenty-eighth birthday: RCW ((9A.44.073, 9A.44.076,)) 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), 9A.44.079, 9A.44.089, or 9A.64.020.
     (d) The following offenses shall not be prosecuted more than six years after their commission or their discovery, whichever occurs later:
     (i) Violations of RCW 9A.82.060 or 9A.82.080;
     (ii) Any felony violation of chapter 9A.83 RCW;
     (iii) Any felony violation of chapter 9.35 RCW; or
     (iv) Theft in the first or second degree under chapter 9A.56 RCW when accomplished by color or aid of deception.
     (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; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
     (i) No gross misdemeanor may be prosecuted more than two years after its commission.
     (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) In any prosecution for a sex offense as defined in RCW 9.94A.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or one year from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing, whichever is later.
     (4) 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.