1.1                          A bill for an act
  1.2             relating to criminal procedure; tolling the statute of 
  1.3             limitations while physical evidence relating to a 
  1.4             crime is undergoing DNA analysis; amending Minnesota 
  1.5             Statutes 1994, section 628.26. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 628.26, is 
  1.8   amended to read: 
  1.9      628.26 [LIMITATIONS.] 
  1.10     (a) Indictments or complaints for murder may be found or 
  1.11  made at any time after the death of the person killed.  
  1.12     (b) Indictments or complaints for violation of section 
  1.13  609.42, subdivision 1, clause (1) or (2), shall be found or made 
  1.14  and filed in the proper court within six years after the 
  1.15  commission of the offense.  
  1.16     (c) Indictments or complaints for violation of sections 
  1.17  609.342 to 609.345 if the victim was under the age of 18 years 
  1.18  at the time the offense was committed, shall be found or made 
  1.19  and filed in the proper court within seven years after the 
  1.20  commission of the offense or, if the victim failed to report the 
  1.21  offense within this limitation period, within three years after 
  1.22  the offense was reported to law enforcement authorities. 
  1.23     (d) Indictments or complaints for violation of sections 
  1.24  609.342 to 609.344 if the victim was 18 years old or older at 
  1.25  the time the offense was committed, shall be found or made and 
  2.1   filed in the proper court within seven years after the 
  2.2   commission of the offense. 
  2.3      (e) Indictments or complaints for violation of sections 
  2.4   609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
  2.5   or made and filed in the proper court within six years after the 
  2.6   commission of the offense. 
  2.7      (f) Indictments or complaints for violation of section 
  2.8   609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
  2.9   or (16), 609.631, or 609.821, where the value of the property or 
  2.10  services stolen is more than $35,000, shall be found or made and 
  2.11  filed in the proper court within five years after the commission 
  2.12  of the offense. 
  2.13     (g) Except for violations relating to false material 
  2.14  statements, representations or omissions, indictments or 
  2.15  complaints for violations of section 609.671 shall be found or 
  2.16  made and filed in the proper court within five years after the 
  2.17  commission of the offense.  
  2.18     (h) Indictments or complaints for violation of sections 
  2.19  609.561 to 609.563, shall be found or made and filed in the 
  2.20  proper court within five years after the commission of the 
  2.21  offense. 
  2.22     (i) In all other cases, indictments or complaints shall be 
  2.23  found or made and filed in the proper court within three years 
  2.24  after the commission of the offense. 
  2.25     (j) The limitations periods contained in this section shall 
  2.26  exclude any period of time during which the defendant was not an 
  2.27  inhabitant of or usually resident within this state. 
  2.28     (k) The limitations periods contained in this section for 
  2.29  an offense shall not include any period during which the alleged 
  2.30  offender participated under a written agreement in a pretrial 
  2.31  diversion program relating to that offense. 
  2.32     (1) The limitations periods contained in this section shall 
  2.33  not include any period of time during which physical evidence 
  2.34  relating to the offense was undergoing DNA analysis, as defined 
  2.35  in section 299C.155, unless the defendant demonstrates that the 
  2.36  prosecuting or law enforcement agency purposefully delayed the 
  3.1   DNA analysis process in order to gain an unfair advantage. 
  3.2      Sec. 2.  [EFFECTIVE DATE.] 
  3.3      Section 1 is effective August 1, 1995, and applies to 
  3.4   crimes committed on or after that date, and to crimes committed 
  3.5   before that date if the limitations period for the offense did 
  3.6   not expire before August 1, 1995.