HF 2470

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; authorizing criminal complaints for felonies to proceed
against unnamed defendants when DNA evidence exists; amending Minnesota
Statutes 2006, section 628.26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 628.26, is amended to read:

628.26 LIMITATIONS.

new text begin Subdivision 1. new text end

new text begin Time limitations. new text end

(a) Indictments or complaints for any crime
resulting in the death of the victim may be found or made at any time after the death
of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.

(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within nine years after the commission of the offense
or, if the victim failed to report the offense within this limitation period, within three years
after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause
(3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found or made and filed in the
proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

new text begin Subd. 2. new text end

new text begin Tolling provision. new text end

deleted text begin (l) deleted text end new text begin (a) new text end The limitations periods contained in deleted text begin this section deleted text end new text begin
subdivision 1 new text end shall exclude any period of time during which the defendant was not an
inhabitant of or usually resident within this state.

deleted text begin (m) deleted text end new text begin (b) new text end The limitations periods contained in deleted text begin this section deleted text end new text begin subdivision 1 new text end for an offense
shall not include any period during which the alleged offender participated under a written
agreement in a pretrial diversion program relating to that offense.

deleted text begin (n) deleted text end new text begin (c) new text end The limitations periods contained in deleted text begin this section deleted text end new text begin subdivision 1 new text end shall not
include any period of time during which physical evidence relating to the offense
was undergoing DNA analysis, as defined in section 299C.155, unless the defendant
demonstrates that the prosecuting or law enforcement agency purposefully delayed the
DNA analysis process in order to gain an unfair advantage.

new text begin Subd. 3. new text end

new text begin Indictment or complaint against unnamed defendant based upon DNA
evidence. new text end

new text begin An indictment or complaint is sufficient to commence an action for any felony
if: (1) the defendant who is the subject of the indictment or complaint is described with
reasonable certainty; (2) the indictment or complaint is found or made and filed in the
proper court within the time period provided in subdivision 1; and (3) the prosecution is
commenced within three years after comparison of the DNA profile results in a probable
identification of the defendant. The indictment or complaint shall be deemed to describe
the defendant with reasonable certainty if it specifies the defendant as an unknown person
with a matching DNA profile.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date, and to crimes committed before that date if the limitations
period for the offense did not expire before August 1, 2007.
new text end