1 | The Committee on Judiciary recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to limitation of actions; amending s. |
7 | 775.15, F.S.; authorizing the prosecution of specified |
8 | sexual offenses in certain circumstances within 1 year |
9 | after the identity of the accused is established through |
10 | analysis of DNA evidence, in addition to the time |
11 | limitations otherwise prescribed by law; providing for |
12 | applicability; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 775.15, Florida Statutes, is amended to |
17 | read: |
18 | 775.15 Time limitations.-- |
19 | (1)(a) A prosecution for a capital felony, a life felony, |
20 | or a felony that resulted in a death may be commenced at any |
21 | time. A prosecution for a felony that resulted in injury to any |
22 | person, when such felony arises from the use of a "destructive |
23 | device," as defined in s. 790.001, may be commenced within 10 |
24 | years. If the death penalty is held to be unconstitutional by |
25 | the Florida Supreme Court or the United States Supreme Court, |
26 | all crimes designated as capital felonies shall be considered |
27 | life felonies for the purposes of this section, and prosecution |
28 | for such crimes may be commenced at any time. |
29 | (b) Except as otherwise provided in subsection (7), a |
30 | prosecution for a first or second degree felony violation of s. |
31 | 794.011, if such crime is reported to a law enforcement agency |
32 | within 72 hours after commission of the crime, may be commenced |
33 | at any time. If such crime is not reported within 72 hours after |
34 | the commission of the crime, the prosecution must be commenced |
35 | within the time periods prescribed in subsection (2). |
36 | (c) A prosecution for perjury in an official proceeding |
37 | that relates to the prosecution of a capital felony may be |
38 | commenced at any time. |
39 | (2) Except as otherwise provided in this section, |
40 | prosecutions for other offenses are subject to the following |
41 | periods of limitation: |
42 | (a) A prosecution for a felony of the first degree must be |
43 | commenced within 4 years after it is committed. |
44 | (b) A prosecution for any other felony must be commenced |
45 | within 3 years after it is committed. |
46 | (c) A prosecution for a misdemeanor of the first degree |
47 | must be commenced within 2 years after it is committed. |
48 | (d) A prosecution for a misdemeanor of the second degree |
49 | or a noncriminal violation must be commenced within 1 year after |
50 | it is committed. |
51 | (e) A prosecution for a felony violation of chapter 517 or |
52 | s. 409.920 must be commenced within 5 years after the violation |
53 | is committed. |
54 | (f) A prosecution for a felony violation of chapter 403 |
55 | must be commenced within 5 years after the date of discovery of |
56 | the violation. |
57 | (g) A prosecution for a felony violation of s. 825.102 or |
58 | s. 825.103 must be commenced within 5 years after it is |
59 | committed. |
60 | (h) A prosecution for a felony violation of ss. 440.105 |
61 | and 817.234 must be commenced within 5 years after the violation |
62 | is committed. |
63 | (3) If the period prescribed in subsection (2) has |
64 | expired, a prosecution may nevertheless be commenced for: |
65 | (a) Any offense, a material element of which is either |
66 | fraud or a breach of fiduciary obligation, within 1 year after |
67 | discovery of the offense by an aggrieved party or by a person |
68 | who has a legal duty to represent an aggrieved party and who is |
69 | himself or herself not a party to the offense, but in no case |
70 | shall this provision extend the period of limitation otherwise |
71 | applicable by more than 3 years. |
72 | (b) Any offense based upon misconduct in office by a |
73 | public officer or employee at any time when the defendant is in |
74 | public office or employment, within 2 years from the time he or |
75 | she leaves public office or employment, or during any time |
76 | permitted by any other part of this section, whichever time is |
77 | greater. |
78 | (4) An offense is committed either when every element has |
79 | occurred or, if a legislative purpose to prohibit a continuing |
80 | course of conduct plainly appears, at the time when the course |
81 | of conduct or the defendant's complicity therein is terminated. |
82 | Time starts to run on the day after the offense is committed. |
83 | (5)(a) Prosecution on a charge on which the defendant has |
84 | previously been arrested or served with a summons is commenced |
85 | by the filing of an indictment, information, or other charging |
86 | document. |
87 | (b) A prosecution on a charge on which the defendant has |
88 | not previously been arrested or served with a summons is |
89 | commenced when either an indictment or information is filed, |
90 | provided the capias, summons, or other process issued on such |
91 | indictment or information is executed without unreasonable |
92 | delay. In determining what is reasonable, inability to locate |
93 | the defendant after diligent search or the defendant's absence |
94 | from the state shall be considered. The failure to execute |
95 | process on or extradite a defendant in another state who has |
96 | been charged by information or indictment with a crime in this |
97 | state shall not constitute an unreasonable delay. |
98 | (c) If, however, an indictment or information has been |
99 | filed within the time period prescribed in this section and the |
100 | indictment or information is dismissed or set aside because of a |
101 | defect in its content or form after the time period has elapsed, |
102 | the period for commencing prosecution shall be extended 3 months |
103 | from the time the indictment or information is dismissed or set |
104 | aside. |
105 | (6) The period of limitation does not run during any time |
106 | when the defendant is continuously absent from the state or has |
107 | no reasonably ascertainable place of abode or work within the |
108 | state. This provision shall not extend the period of limitation |
109 | otherwise applicable by more than 3 years, but shall not be |
110 | construed to limit the prosecution of a defendant who has been |
111 | timely charged by indictment or information or other charging |
112 | document and who has not been arrested due to his or her absence |
113 | from this state or has not been extradited for prosecution from |
114 | another state. |
115 | (7)(a) If the victim of a violation of s. 794.011, former |
116 | s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is |
117 | under the age of 18, the applicable period of limitation, if |
118 | any, does not begin to run until the victim has reached the age |
119 | of 18 or the violation is reported to a law enforcement agency |
120 | or other governmental agency, whichever occurs earlier. Such law |
121 | enforcement agency or other governmental agency shall promptly |
122 | report such allegation to the state attorney for the judicial |
123 | circuit in which the alleged violation occurred. If the offense |
124 | is a first or second degree felony violation of s. 794.011, and |
125 | the crime is reported within 72 hours after its commission, |
126 | paragraph (1)(b) applies. This paragraph applies to any such |
127 | offense except an offense the prosecution of which would have |
128 | been barred by subsection (2) on or before December 31, 1984. |
129 | (b) Notwithstanding the provisions of paragraph (1)(b) and |
130 | paragraph (a) of this subsection, if the offense is a first |
131 | degree felony violation of s. 794.011 and the victim was under |
132 | 18 years of age at the time the offense was committed, a |
133 | prosecution of the offense may be commenced at any time. This |
134 | paragraph applies to any such offense except an offense the |
135 | prosecution of which would have been barred by subsection (2) on |
136 | or before October 1, 2003. |
137 | (8)(a) In addition to the time periods prescribed in this |
138 | section, a prosecution for any of the following offenses may be |
139 | commenced within 1 year after the date on which the identity of |
140 | the accused is established, or should have been established by |
141 | the exercise of due diligence, through the analysis of |
142 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of |
143 | the evidence collected at the time of the original investigation |
144 | and tested for DNA is preserved and available for testing by the |
145 | accused: |
146 | 1. An offense of sexual battery under chapter 794. |
147 | 2. A lewd or lascivious offense under s. 800.04 or s. |
148 | 825.1025. |
149 | (b) This subsection applies to any offense that is not |
150 | otherwise barred from prosecution on or after July 1, 2004. |
151 | Section 2. This act shall take effect July 1, 2004. |