SENATE BILL No. 577

 

 

May 14, 2009, Introduced by Senators PATTERSON and BASHAM and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 24 of chapter VII (MCL 767.24), as amended by

 

2005 PA 35.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER VII

 

     Sec. 24. (1) An indictment for murder, conspiracy to commit

 

murder, solicitation to commit murder, criminal sexual conduct in

 

the first degree, or a violation of the Michigan anti-terrorism

 

act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL

 

750.543a to 750.543z, or a violation of chapter XXXIII of the

 

Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is

 

punishable by life imprisonment may be found and filed at any time.

 

     (2) An indictment for a violation or attempted violation of

 


section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code,

 

1931 PA 328, MCL 750.145c, 750.520c, 750.520d, 750.520e, and

 

750.520g, may be found and filed as follows:

 

     (a) Except as otherwise provided in subdivision (b), an

 

indictment may be found and filed within 10 years after the offense

 

is committed or by the alleged victim's twenty-first birthday,

 

whichever is later.

 

     (b) If evidence of the violation is obtained and that evidence

 

contains DNA that is determined to be from an unidentified

 

individual, an indictment against that individual for the violation

 

may be found and filed at any time after the offense is committed.

 

However, after the individual is identified, the indictment may be

 

found and filed within 10 years after the individual is identified

 

or by the alleged victim's twenty-first birthday, whichever is

 

later.

 

     (c) As used in this subsection:

 

     (i) "DNA" means human deoxyribonucleic acid.

 

     (ii) "Identified" means the individual's legal name is known

 

and he or she has been determined to be the source of the DNA.

 

     (2) (3) An indictment for kidnapping, extortion, assault with

 

intent to commit murder, attempted murder, manslaughter, or first-

 

degree home invasion may be found and filed within 10 years after

 

the offense is committed.

 

     (3) (4) An indictment for identity theft or attempted identity

 

theft may be found and filed as follows:

 

     (a) Except as otherwise provided in subdivision (b), an

 

indictment may be found and filed within 6 10 years after the

 


offense is committed.

 

     (b) If evidence of the violation is obtained and the

 

individual who committed the offense has not been identified, an

 

indictment may be found and filed at any time after the offense is

 

committed, but not more than 6 10 years after the individual is

 

identified.

 

     (c) As used in this subsection:

 

     (i) "Identified" means the individual's legal name is known.

 

     (ii) "Identity theft" means 1 or more of the following:

 

     (A) Conduct prohibited in section 5 or 7 of the identity theft

 

protection act, 2004 PA 452, MCL 445.65 and 445.67.

 

     (B) Conduct prohibited under former section 285 of the

 

Michigan penal code, 1931 PA 328.

 

     (4) (5) All other indictments may be found and filed within 6

 

10 years after the offense is committed.

 

     (5) (6) Any period during which the party charged did not

 

usually and publicly reside within this state is not part of the

 

time within which the respective indictments may be found and

 

filed.

 

     (6) (7) The extension or tolling, as applicable, of the

 

limitations period provided in this section applies to any of those

 

violations for which the limitations period has not expired at the

 

time the extension or tolling takes effect.