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A bill to be entitled |
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An act relating to time limitations for criminal |
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prosecutions; amending s. 775.15, F.S.; providing a longer |
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statute of limitations for certain criminal offenses; |
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providing an exception; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (1) and (7) of section 775.15, |
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Florida Statutes, are amended to read: |
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775.15 Time limitations.-- |
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(1)(a) A prosecution for a capital felony, a life felony, |
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or a felony that resulted in a death may be commenced at any |
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time. A prosecution for a felony that resulted in injury to any |
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person, when such felony arises from the use of a "destructive |
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device," as defined in s. 790.001, may be commenced within 10 |
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years. If the death penalty is held to be unconstitutional by |
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the Florida Supreme Court or the United States Supreme Court, |
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all crimes designated as capital felonies shall be considered |
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life felonies for the purposes of this section, and prosecution |
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for such crimes may be commenced at any time. |
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(b) Except as otherwise provided in subsection (7), a |
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prosecution for a first or second degree felony violation of s. |
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794.011, if such crime is reported to a law enforcement agency |
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within 72 hours after commission of the crime, may be commenced |
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at any time. If such crime is not reported within 72 hours after |
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the commission of the crime, the prosecution must be commenced |
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within the time periods prescribed in subsection (2).
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(b)(c)A prosecution for perjury in an official proceeding |
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that relates to the prosecution of a capital felony may be |
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commenced at any time. |
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(7) If the victim of a violation of s. 794.011, former s. |
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794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is under |
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the age of 18, the applicable period of limitation, if any, does |
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not begin to run until the victim has reached the age of 18 or |
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the violation is reported to a law enforcement agency or other |
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governmental agency, whichever occurs earlier. Such law |
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enforcement agency or other governmental agency shall promptly |
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report such allegation to the state attorney for the judicial |
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circuit in which the alleged violation occurred. The prosecution |
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must be commenced no later than 4 years after the report.If the |
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offense is a first or second degree felony violation of s. |
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794.011, and the crime is reported within 72 hours after its |
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commission, paragraph (1)(b) applies.This subsection applies to |
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any such offense except an offense the prosecution of which |
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would have been barred by former s. 775.15(2), Florida Statutes |
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1983 subsection (2) on or before December 31, 1984, or former s. |
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775.15(2) and (7), Florida Statutes 2002 on or before July 1, |
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2003. |
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Section 2. This act shall take effect upon becoming a law. |