HOUSE BILL No. 4133

 

 

January 31, 2017, Introduced by Reps. Hughes, Faris, Marino, Sabo, Geiss, Webber and Guerra and referred to the Committee on Law and Justice.

 

     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

 

2014 PA 324.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER VII

 

     Sec. 24. (1) An indictment for any of the following crimes may

 

be found and filed at any time:

 

     (a) Murder, conspiracy to commit murder, or solicitation to

 

commit murder, or criminal sexual conduct in the first degree.

 

     (b) A violation of chapter XXXIII of the Michigan penal code,

 

1931 PA 328, MCL 750.200 to 750.212a, that is punishable by

 

imprisonment for life.

 

     (c) A violation of chapter LXVIIA of the Michigan penal code,

 

1931 PA 328, MCL 750.462a to 750.462h, that is punishable by


imprisonment for life.

 

     (d) 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, that is punishable by imprisonment for life.

 

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

 

section 13, 462b, 462c, 462d, or 462e of the Michigan penal code,

 

1931 PA 328, MCL 750.13, 750.462b, 750.462c, 750.462d, and

 

750.462e, may be found and filed within 25 years after the offense

 

is committed. This subdivision shall be known as "Theresa Flores's

 

Law".

 

     (3) 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 offense is obtained and that evidence

 

contains DNA that is determined to be from an unidentified

 

individual, an indictment against that individual for the offense

 

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.

 

     (4) An indictment for kidnapping, extortion, assault with

 

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

 

degree home invasion 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.

 

     (b) If the offense is reported to a police agency within 1

 

year after the offense is committed and the individual who

 

committed the offense is unknown, an indictment for that offense

 

may be found and filed within 10 years after the individual is

 

identified. This subsection shall be known as Brandon D'Annunzio's

 

law. As used in this subsection, "identified" means the

 

individual's legal name is known.

 

     (5) 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 years after the offense

 

is committed.

 

     (b) If evidence of the offense 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 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.

 

     (6) An indictment for false pretenses involving real property,

 

forgery or uttering and publishing of an instrument affecting an

 

interest in real property, or mortgage fraud may be found and filed

 

within 10 years after the offense was committed or within 10 years

 

after the instrument affecting real property was recorded,

 

whichever occurs later.

 

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

 

years after the offense is committed.

 

     (8) 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.

 

     (9) An indictment for a violation of section 520b of the

 

Michigan penal code, 1931 PA 328, MCL 750.520b, committed against

 

an individual less than 18 years of age may be found and filed at

 

any time, regardless of whether the extension or tolling, as

 

applicable, of the limitations period provided in this section has

 

expired at the time the extension or tolling took effect.

 

     (10) (9) The Except as provided in subsection (9), 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.


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.