SF 3300

as introduced - 89th Legislature (2015 - 2016) Posted on 04/07/2016 10:14am

A bill for an act
relating to crime; removing time limitation for finding or making an indictment
or complaint for criminal sexual conduct; amending Minnesota Statutes 2015
Supplement, section 628.26.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 628.26, is amended to read:

628.26 LIMITATIONS.

(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.

new text begin (b) Indictments or complaints for a violation of section 609.342, 609.343, 609.344,
609.345, or 609.3451 may be found or made at any time after the commission of the offense.
new text end

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

deleted text begin (c) deleted text end new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end Indictments or complaints for violation of sections 609.322 and 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 the later of nine
years after the commission of the offense or three years after the offense was reported
to law enforcement authorities.

deleted text begin (f) deleted text end new text begin (g) new text end Notwithstanding the limitations in paragraph (e), indictments or complaints
for violation of sections 609.322 and 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

deleted text begin (h) deleted text end new text begin (i) new text end Indictments or complaints for violation of section 609.2335, 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.

deleted text begin (i) deleted text end new text begin (j) new text end 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.

deleted text begin (j) deleted text end new text begin (k) new text end 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.

deleted text begin (k) deleted text end new text begin (l) new text end 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.

deleted text begin (l) deleted text end new text begin (m) new text end The limitations periods contained in this section 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 (n) new text end The limitations periods contained in this section 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 (o) new text end The limitations periods contained in this section 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end