Senate Bill sb1440

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    Florida Senate - 2005                                  SB 1440

    By the Committee on Criminal Justice





    591-501A-05

  1                      A bill to be entitled

  2         An act relating to time limitations; amending

  3         s. 775.15, F.S.; reorganizing provisions

  4         establishing time limitations for prosecuting

  5         criminal offenses; clarifying certain

  6         provisions; amending s. 922.105, F.S., relating

  7         to execution of sentence; conforming a

  8         cross-reference; providing an effective date.

  9  

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

11  

12         Section 1.  Section 775.15, Florida Statutes, is

13  amended to read:

14         775.15  Time limitations; general time limitations;

15  exceptions.--

16         (1)(a)  A prosecution for a capital felony, a life

17  felony, or a felony that resulted in a death may be commenced

18  at any time. A prosecution for a felony that resulted in

19  injury to any person, when such felony arises from the use of

20  a "destructive device," as defined in s. 790.001, may be

21  commenced within 10 years. If the death penalty is held to be

22  unconstitutional by the Florida Supreme Court or the United

23  States Supreme Court, all crimes designated as capital

24  felonies shall be considered life felonies for the purposes of

25  this section, and prosecution for such crimes may be commenced

26  at any time.

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

28  prosecution for a first or second degree felony violation of

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

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

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

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    Florida Senate - 2005                                  SB 1440
    591-501A-05




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

 2  be commenced within the time periods prescribed in subsection

 3  (2).

 4         (c)  A prosecution for perjury in an official

 5  proceeding that relates to the prosecution of a capital felony

 6  may be commenced at any time.

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

 8  prosecutions for other offenses are subject to the following

 9  periods of limitation:

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

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

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

13  commenced within 3 years after it is committed.

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

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

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

17  degree or a noncriminal violation must be commenced within 1

18  year after it is committed.

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

20  517 or s. 409.920 must be commenced within 5 years after the

21  violation is committed.

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

23  403 must be commenced within 5 years after the date of

24  discovery of the violation.

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

26  or s. 825.103 must be commenced within 5 years after it is

27  committed.

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

29  440.105 and 817.234 must be commenced within 5 years after the

30  violation is committed.

31  

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    Florida Senate - 2005                                  SB 1440
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 1         (3)  If the period prescribed in subsection (2) has

 2  expired, a prosecution may nevertheless be commenced for:

 3         (a)  Any offense, a material element of which is either

 4  fraud or a breach of fiduciary obligation, within 1 year after

 5  discovery of the offense by an aggrieved party or by a person

 6  who has a legal duty to represent an aggrieved party and who

 7  is himself or herself not a party to the offense, but in no

 8  case shall this provision extend the period of limitation

 9  otherwise applicable by more than 3 years.

10         (b)  Any offense based upon misconduct in office by a

11  public officer or employee at any time when the defendant is

12  in public office or employment, within 2 years from the time

13  he or she leaves public office or employment, or during any

14  time permitted by any other part of this section, whichever

15  time is greater.

16         (3)(4)  An offense is committed either when every

17  element has occurred or, if a legislative purpose to prohibit

18  a continuing course of conduct plainly appears, at the time

19  when the course of conduct or the defendant's complicity

20  therein is terminated. Time starts to run on the day after the

21  offense is committed.

22         (4)(5)(a)  Prosecution on a charge on which the

23  defendant has previously been arrested or served with a

24  summons is commenced by the filing of an indictment,

25  information, or other charging document.

26         (b)  A prosecution on a charge on which the defendant

27  has not previously been arrested or served with a summons is

28  commenced when either an indictment or information is filed,

29  provided the capias, summons, or other process issued on such

30  indictment or information is executed without unreasonable

31  delay. In determining what is reasonable, inability to locate

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    Florida Senate - 2005                                  SB 1440
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 1  the defendant after diligent search or the defendant's absence

 2  from the state shall be considered. The failure to execute

 3  process on or extradite a defendant in another state who has

 4  been charged by information or indictment with a crime in this

 5  state shall not constitute an unreasonable delay.

 6         (c)  If, however, an indictment or information has been

 7  filed within the time period prescribed in this section and

 8  the indictment or information is dismissed or set aside

 9  because of a defect in its content or form after the time

10  period has elapsed, the period for commencing prosecution

11  shall be extended 3 months from the time the indictment or

12  information is dismissed or set aside.

13         (5)(6)  The period of limitation does not run during

14  any time when the defendant is continuously absent from the

15  state or has no reasonably ascertainable place of abode or

16  work within the state. This provision shall not extend the

17  period of limitation otherwise applicable by more than 3

18  years, but shall not be construed to limit the prosecution of

19  a defendant who has been timely charged by indictment or

20  information or other charging document and who has not been

21  arrested due to his or her absence from this state or has not

22  been extradited for prosecution from another state.

23         (6)  A prosecution for perjury in an official

24  proceeding that relates to the prosecution of a capital felony

25  may be commenced at any time.

26         (7)  A prosecution for a felony that resulted in injury

27  to any person, when such felony arises from the use of a

28  "destructive device," as defined in s. 790.001, may be

29  commenced within 10 years.

30  

31  

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    Florida Senate - 2005                                  SB 1440
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 1         (8)  A prosecution for a felony violation of chapter

 2  517 or s. 409.920 must be commenced within 5 years after the

 3  violation is committed.

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

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

 6  discovery of the violation.

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

 8  825.102 or s. 825.103 must be commenced within 5 years after

 9  it is committed.

10         (11)  A prosecution for a felony violation of ss.

11  440.105 and 817.234 must be commenced within 5 years after the

12  violation is committed.

13         (12)  If the period prescribed in subsection (2),

14  subsection (8), subsection (9), subsection (10), or subsection

15  (11) has expired, a prosecution may nevertheless be commenced

16  for:

17         (a)  Any offense, a material element of which is either

18  fraud or a breach of fiduciary obligation, within 1 year after

19  discovery of the offense by an aggrieved party or by a person

20  who has a legal duty to represent an aggrieved party and who

21  is himself or herself not a party to the offense, but in no

22  case shall this provision extend the period of limitation

23  otherwise applicable by more than 3 years.

24         (b)  Any offense based upon misconduct in office by a

25  public officer or employee at any time when the defendant is

26  in public office or employment, within 2 years from the time

27  he or she leaves public office or employment, or during any

28  time permitted by any other part of this section, whichever

29  time is greater.

30         (13)(7)(a)  If the victim of a violation of s. 794.011,

31  former s. 794.05, Florida Statutes 1995, s. 800.04, or s.

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    Florida Senate - 2005                                  SB 1440
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 1  826.04 is under the age of 18, the applicable period of

 2  limitation, if any, does not begin to run until the victim has

 3  reached the age of 18 or the violation is reported to a law

 4  enforcement agency or other governmental agency, whichever

 5  occurs earlier. Such law enforcement agency or other

 6  governmental agency shall promptly report such allegation to

 7  the state attorney for the judicial circuit in which the

 8  alleged violation occurred. If the offense is a first or

 9  second degree felony violation of s. 794.011, and the offense

10  crime is reported within 72 hours after its commission, the

11  prosecution for such offense may be commenced at any time

12  paragraph (1)(b) applies. This paragraph applies to any such

13  offense except an offense the prosecution of which would have

14  been barred by subsection (2) on or before December 31, 1984.

15         (b)  Notwithstanding the provisions of paragraph (1)(b)

16  and paragraph (a) of this subsection, If the offense is a

17  first degree felony violation of s. 794.011 and the victim was

18  under 18 years of age at the time the offense was committed, a

19  prosecution of the offense may be commenced at any time. This

20  paragraph applies to any such offense except an offense the

21  prosecution of which would have been barred by subsection (2)

22  on or before October 1, 2003.

23         (14)  A prosecution for a first or second degree felony

24  violation of s. 794.011, if the victim is 18 years of age or

25  older at the time of the offense and the offense is reported

26  to a law enforcement agency within 72 hours after commission

27  of the offense, may be commenced at any time. If the offense

28  is not reported within 72 hours after the commission of the

29  offense, the prosecution must be commenced within the time

30  periods prescribed in subsection (2).

31  

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    Florida Senate - 2005                                  SB 1440
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 1         (15)(8)(a)  In addition to the time periods prescribed

 2  in this section, a prosecution for any of the following

 3  offenses may be commenced within 1 year after the date on

 4  which the identity of the accused is established, or should

 5  have been established by the exercise of due diligence,

 6  through the analysis of deoxyribonucleic acid (DNA) evidence,

 7  if a sufficient portion of the evidence collected at the time

 8  of the original investigation and tested for DNA is preserved

 9  and available for testing by the accused:

10         1.  An offense of sexual battery under chapter 794.

11         2.  A lewd or lascivious offense under s. 800.04 or s.

12  825.1025.

13         (b)  This subsection applies to any offense that is not

14  otherwise barred from prosecution on or after July 1, 2004.

15         Section 2.  Subsection (8) of section 922.105, Florida

16  Statutes, is amended to read:

17         922.105  Execution of death sentence; prohibition

18  against reduction of death sentence as a result of

19  determination that a method of execution is

20  unconstitutional.--

21         (8)  Notwithstanding s. 775.082(2), s. 775.15(1)(a), or

22  s. 790.161(4), or any other provision to the contrary, no

23  sentence of death shall be reduced as a result of a

24  determination that a method of execution is declared

25  unconstitutional under the State Constitution or the

26  Constitution of the United States.  In any case in which an

27  execution method is declared unconstitutional, the death

28  sentence shall remain in force until the sentence can be

29  lawfully executed by any valid method of execution.

30         Section 3.  This act shall take effect July 1, 2005.

31  

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    Florida Senate - 2005                                  SB 1440
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Reorganizes s. 775.15, F.S., which establishes time
      limitations for prosecuting criminal offenses, without
 4    making any substantive changes.

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