HB 0747 2003
1	A bill to be entitled
2	An act relating to sexual battery time limitations;
3	amending s. 775.15, F.S.; revising language with respect
4	to time limitations for a prosecution of the crime of
5	sexual battery; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Subsections (1) and (7) of section 775.15,
10	Florida Statutes, are amended to read:
11	775.15 Time limitations.--
12	(1)(a) A prosecution for a capital felony, a life felony,
13	or a felony that resulted in a death may be commenced at any
14	time. A prosecution for a felony that resulted in injury to any
15	person, when such felony arises from the use of a "destructive
16	device," as defined in s. 790.001, may be commenced within 10
17	years. If the death penalty is held to be unconstitutional by
18	the Florida Supreme Court or the United States Supreme Court,
19	all crimes designated as capital felonies shall be considered
20	life felonies for the purposes of this section, and prosecution
21	for such crimes may be commenced at any time.
22	(b) Except as otherwise provided in subsection (7), a
23	prosecution for a first orsecond degree felony violation of s.
24	794.011, if such crime is reported to a law enforcement agency
25	within 72 hours after commission of the crime, may be commenced
26	at any time. If such crime is not reported within 72 hours after
27	the commission of the crime, the prosecution must be commenced
28	within the time periods prescribed in subsection (2).
29	(c) A prosecution for perjury in an official proceeding
30	that relates to the prosecution of a capital felony may be
31	commenced at any time.
32	(7)(a)If the victim of a violation of s. 794.011, former
33	s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
34	under the age of 18, the applicable period of limitation, if
35	any, does not begin to run until the victim has reached the age
36	of 18 or the violation is reported to a law enforcement agency
37	or other governmental agency, whichever occurs earlier. Such law
38	enforcement agency or other governmental agency shall promptly
39	report such allegation to the state attorney for the judicial
40	circuit in which the alleged violation occurred. If the offense
41	is a first orsecond degree felony violation of s. 794.011, and
42	the crime is reported within 72 hours after its commission,
43	paragraph (1)(b) applies. This paragraphsubsectionapplies to
44	any such offense except an offense the prosecution of which
45	would have been barred by subsection (2) on or before December
46	31, 1984.
47	(b) If the offense is a first degree felony violation of
48	s. 794.011, a prosecution of the offense may be commenced at any
49	time. This paragraph applies to any such offense except an
50	offense the prosecution of which would have been barred by
51	subsection (2) on or before October 1, 2003.
52	Section 2. This act shall take effect October 1, 2003.