House Bill hb0505

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001                 HB 505

        By Representative Cusack






  1                      A bill to be entitled

  2         An act relating to time limitations for sexual

  3         battery prosecutions; amending s. 775.15, F.S.;

  4         revising the victim's age at which the time

  5         limitations begin to run for prosecution of

  6         specified sexual crimes; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (7) of section 775.15, Florida

12  Statutes, is amended to read:

13         775.15  Time limitations.--

14         (1)

15         (b)  Except as otherwise provided in subsection (7), a

16  prosecution for a first or second degree felony violation of

17  s. 794.011, if such crime is reported to a law enforcement

18  agency within 72 hours after commission of the crime, may be

19  commenced at any time. If such crime is not reported within 72

20  hours after the commission of the crime, the prosecution must

21  be commenced within the time periods prescribed in subsection

22  (2).

23         (2)  Except as otherwise provided in this section,

24  prosecutions for other offenses are subject to the following

25  periods of limitation:

26         (a)  A prosecution for a felony of the first degree

27  must be commenced within 4 years after it is committed.

28         (b)  A prosecution for any other felony must be

29  commenced within 3 years after it is committed.

30         (c)  A prosecution for a misdemeanor of the first

31  degree must be commenced within 2 years after it is committed.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 505

    799-102-01






  1         (d)  A prosecution for a misdemeanor of the second

  2  degree or a noncriminal violation must be commenced within 1

  3  year after it is committed.

  4         (e)  A prosecution for a felony violation of chapter

  5  517 or s. 409.920 must be commenced within 5 years after the

  6  violation is committed.

  7         (f)  A prosecution for a felony violation of chapter

  8  403 must be commenced within 5 years after the date of

  9  discovery of the violation.

10         (g)  A prosecution for a felony violation of s. 825.102

11  must be commenced within 4 years after it is committed.

12         (h)  A prosecution for a felony violation of ss.

13  440.105 and 817.234 must be commenced within 5 years after the

14  violation is committed.

15         (7)  If the victim of a violation of s. 794.011, former

16  s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is

17  under the age of 18 16, the applicable period of limitation,

18  if any, does not begin to run until the victim has reached the

19  age of 18 16 or the violation is reported to a law enforcement

20  agency or other governmental agency, whichever occurs earlier.

21  Such law enforcement agency or other governmental agency shall

22  promptly report such allegation to the state attorney for the

23  judicial circuit in which the alleged violation occurred. If

24  the offense is a first or second degree felony violation of s.

25  794.011, and the crime is reported within 72 hours after its

26  commission, paragraph (1)(b) applies. This subsection applies

27  to any such offense except an offense the prosecution of which

28  would have been barred by subsection (2) on or before December

29  31, 1984.

30         Section 2.  This act shall take effect July 1, 2001.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 505

    799-102-01






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises the victim's age at which the statute of
  4    limitations begins to run for prosecution of specified
      sexual crimes.
  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.