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HF 3434

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 04:17pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to public safety; eliminating the statute of limitations for certain sex
offenses;amending Minnesota Statutes 2016, section 628.26.

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

Section 1.

Minnesota Statutes 2016, 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.

(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 609.322 and 609.342 to 609.345,
if the victim was under the age of 18 years at the time the offense was committed, shall
may
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
at any time after the commission of the offense.

(f) 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.

(g) (f) 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) (g) 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, or for violation of section 609.527
where the offense involves eight or more direct victims or the total combined loss to the
direct and indirect victims 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) (h) 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) (i) 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) (j) 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.

(l) (k) 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.

(m) (l) 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.

(n) (m) 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.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to violations
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2018.

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