1 | A bill to be entitled |
2 | An act relating to statutes of limitation for murder and |
3 | manslaughter; providing a short title; amending s. 95.11, |
4 | F.S.; eliminating the statute of limitations in tort for |
5 | murder and manslaughter; providing for the applicability |
6 | of the amendatory provision allowing an unlimited |
7 | limitations period for murder and manslaughter claims; |
8 | amending s. 775.15, F.S.; clarifying that prosecutions of |
9 | specified murder and manslaughter offenses may be |
10 | commenced at any time; providing for the applicability of |
11 | revisions to the limitations period for specified murder |
12 | and manslaughter offenses; providing an effective date. |
13 |
|
14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
|
16 | Section 1. This act may be cited as the "Jeffrey Klee |
17 | Memorial Act." |
18 | Section 2. Paragraphs (a) and (o) of subsection (3), |
19 | paragraph (d) of subsection (4), and subsection (7) of section |
20 | 95.11, Florida Statutes, are amended, and subsection (9) is |
21 | added to that section, to read: |
22 | 95.11 Limitations other than for the recovery of real |
23 | property.--Actions other than for recovery of real property |
24 | shall be commenced as follows: |
25 | (3) WITHIN FOUR YEARS.-- |
26 | (a) An action founded on negligence, except as provided in |
27 | subsection (9). |
28 | (o) An action for assault, battery, false arrest, |
29 | malicious prosecution, malicious interference, false |
30 | imprisonment, or any other intentional tort, except as provided |
31 | in subsections (4), (5), and (7), and (9). |
32 | (4) WITHIN TWO YEARS.-- |
33 | (d) Except as provided in subsection (9), an action for |
34 | wrongful death. |
35 | (7) FOR INTENTIONAL TORTS BASED ON ABUSE.--Except as |
36 | provided in subsection (9), an action founded on alleged abuse, |
37 | as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, as |
38 | defined in s. 826.04, may be commenced at any time within 7 |
39 | years after the age of majority, or within 4 years after the |
40 | injured person leaves the dependency of the abuser, or within 4 |
41 | years from the time of discovery by the injured party of both |
42 | the injury and the causal relationship between the injury and |
43 | the abuse, whichever occurs later. |
44 | (9) MURDER AND MANSLAUGHTER.--An action for murder or |
45 | manslaughter may be commenced at any time. |
46 | Section 3. The amendment to section 95.11, Florida |
47 | Statutes, by this act applies to any claim that is not otherwise |
48 | time barred on the effective date of this act. |
49 | Section 4. Subsection (1) of section 775.15, Florida |
50 | Statutes, is amended to read: |
51 | 775.15 Time limitations; general time limitations; |
52 | exceptions.-- |
53 | (1) A prosecution for a capital felony, a life felony, or |
54 | a felony that resulted in a death, including, but not limited |
55 | to, any violation of s. 782.04 or s. 782.07, may be commenced at |
56 | any time. If the death penalty is held to be unconstitutional by |
57 | the Florida Supreme Court or the United States Supreme Court, |
58 | all crimes designated as capital felonies shall be considered |
59 | life felonies for the purposes of this section, and prosecution |
60 | for such crimes may be commenced at any time. |
61 | Section 5. The amendment to section 775.15, Florida |
62 | Statutes, by this act applies to any offense listed therein |
63 | regardless of when the offense was committed if prosecution for |
64 | that offense is not otherwise barred on the effective date of |
65 | this act. |
66 | Section 6. This act shall take effect upon becoming a law. |