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