| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to limitation of actions; amending s. |
| 7 | 775.15, F.S.; authorizing the prosecution of specified |
| 8 | sexual offenses in certain circumstances within 1 year |
| 9 | after the identity of the accused is established through |
| 10 | analysis of DNA evidence, in addition to the time |
| 11 | limitations otherwise prescribed by law; providing for |
| 12 | applicability; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 775.15, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 775.15 Time limitations.-- |
| 19 | (1)(a) A prosecution for a capital felony, a life felony, |
| 20 | or a felony that resulted in a death may be commenced at any |
| 21 | time. A prosecution for a felony that resulted in injury to any |
| 22 | person, when such felony arises from the use of a "destructive |
| 23 | device," as defined in s. 790.001, may be commenced within 10 |
| 24 | years. If the death penalty is held to be unconstitutional by |
| 25 | the Florida Supreme Court or the United States Supreme Court, |
| 26 | all crimes designated as capital felonies shall be considered |
| 27 | life felonies for the purposes of this section, and prosecution |
| 28 | for such crimes may be commenced at any time. |
| 29 | (b) Except as otherwise provided in subsection (7), a |
| 30 | prosecution for a first or second degree felony violation of s. |
| 31 | 794.011, if such crime is reported to a law enforcement agency |
| 32 | within 72 hours after commission of the crime, may be commenced |
| 33 | at any time. If such crime is not reported within 72 hours after |
| 34 | the commission of the crime, the prosecution must be commenced |
| 35 | within the time periods prescribed in subsection (2). |
| 36 | (c) A prosecution for perjury in an official proceeding |
| 37 | that relates to the prosecution of a capital felony may be |
| 38 | commenced at any time. |
| 39 | (2) Except as otherwise provided in this section, |
| 40 | prosecutions for other offenses are subject to the following |
| 41 | periods of limitation: |
| 42 | (a) A prosecution for a felony of the first degree must be |
| 43 | commenced within 4 years after it is committed. |
| 44 | (b) A prosecution for any other felony must be commenced |
| 45 | within 3 years after it is committed. |
| 46 | (c) A prosecution for a misdemeanor of the first degree |
| 47 | must be commenced within 2 years after it is committed. |
| 48 | (d) A prosecution for a misdemeanor of the second degree |
| 49 | or a noncriminal violation must be commenced within 1 year after |
| 50 | it is committed. |
| 51 | (e) A prosecution for a felony violation of chapter 517 or |
| 52 | s. 409.920 must be commenced within 5 years after the violation |
| 53 | is committed. |
| 54 | (f) A prosecution for a felony violation of chapter 403 |
| 55 | must be commenced within 5 years after the date of discovery of |
| 56 | the violation. |
| 57 | (g) A prosecution for a felony violation of s. 825.102 or |
| 58 | s. 825.103 must be commenced within 5 years after it is |
| 59 | committed. |
| 60 | (h) A prosecution for a felony violation of ss. 440.105 |
| 61 | and 817.234 must be commenced within 5 years after the violation |
| 62 | is committed. |
| 63 | (3) If the period prescribed in subsection (2) has |
| 64 | expired, a prosecution may nevertheless be commenced for: |
| 65 | (a) Any offense, a material element of which is either |
| 66 | fraud or a breach of fiduciary obligation, within 1 year after |
| 67 | discovery of the offense by an aggrieved party or by a person |
| 68 | who has a legal duty to represent an aggrieved party and who is |
| 69 | himself or herself not a party to the offense, but in no case |
| 70 | shall this provision extend the period of limitation otherwise |
| 71 | applicable by more than 3 years. |
| 72 | (b) Any offense based upon misconduct in office by a |
| 73 | public officer or employee at any time when the defendant is in |
| 74 | public office or employment, within 2 years from the time he or |
| 75 | she leaves public office or employment, or during any time |
| 76 | permitted by any other part of this section, whichever time is |
| 77 | greater. |
| 78 | (4) An offense is committed either when every element has |
| 79 | occurred or, if a legislative purpose to prohibit a continuing |
| 80 | course of conduct plainly appears, at the time when the course |
| 81 | of conduct or the defendant's complicity therein is terminated. |
| 82 | Time starts to run on the day after the offense is committed. |
| 83 | (5)(a) Prosecution on a charge on which the defendant has |
| 84 | previously been arrested or served with a summons is commenced |
| 85 | by the filing of an indictment, information, or other charging |
| 86 | document. |
| 87 | (b) A prosecution on a charge on which the defendant has |
| 88 | not previously been arrested or served with a summons is |
| 89 | commenced when either an indictment or information is filed, |
| 90 | provided the capias, summons, or other process issued on such |
| 91 | indictment or information is executed without unreasonable |
| 92 | delay. In determining what is reasonable, inability to locate |
| 93 | the defendant after diligent search or the defendant's absence |
| 94 | from the state shall be considered. The failure to execute |
| 95 | process on or extradite a defendant in another state who has |
| 96 | been charged by information or indictment with a crime in this |
| 97 | state shall not constitute an unreasonable delay. |
| 98 | (c) If, however, an indictment or information has been |
| 99 | filed within the time period prescribed in this section and the |
| 100 | indictment or information is dismissed or set aside because of a |
| 101 | defect in its content or form after the time period has elapsed, |
| 102 | the period for commencing prosecution shall be extended 3 months |
| 103 | from the time the indictment or information is dismissed or set |
| 104 | aside. |
| 105 | (6) The period of limitation does not run during any time |
| 106 | when the defendant is continuously absent from the state or has |
| 107 | no reasonably ascertainable place of abode or work within the |
| 108 | state. This provision shall not extend the period of limitation |
| 109 | otherwise applicable by more than 3 years, but shall not be |
| 110 | construed to limit the prosecution of a defendant who has been |
| 111 | timely charged by indictment or information or other charging |
| 112 | document and who has not been arrested due to his or her absence |
| 113 | from this state or has not been extradited for prosecution from |
| 114 | another state. |
| 115 | (7)(a) If the victim of a violation of s. 794.011, former |
| 116 | s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is |
| 117 | under the age of 18, the applicable period of limitation, if |
| 118 | any, does not begin to run until the victim has reached the age |
| 119 | of 18 or the violation is reported to a law enforcement agency |
| 120 | or other governmental agency, whichever occurs earlier. Such law |
| 121 | enforcement agency or other governmental agency shall promptly |
| 122 | report such allegation to the state attorney for the judicial |
| 123 | circuit in which the alleged violation occurred. If the offense |
| 124 | is a first or second degree felony violation of s. 794.011, and |
| 125 | the crime is reported within 72 hours after its commission, |
| 126 | paragraph (1)(b) applies. This paragraph applies to any such |
| 127 | offense except an offense the prosecution of which would have |
| 128 | been barred by subsection (2) on or before December 31, 1984. |
| 129 | (b) Notwithstanding the provisions of paragraph (1)(b) and |
| 130 | paragraph (a) of this subsection, if the offense is a first |
| 131 | degree felony violation of s. 794.011 and the victim was under |
| 132 | 18 years of age at the time the offense was committed, a |
| 133 | prosecution of the offense may be commenced at any time. This |
| 134 | paragraph applies to any such offense except an offense the |
| 135 | prosecution of which would have been barred by subsection (2) on |
| 136 | or before October 1, 2003. |
| 137 | (8)(a) In addition to the time periods prescribed in this |
| 138 | section, a prosecution for any of the following offenses may be |
| 139 | commenced within 1 year after the date on which the identity of |
| 140 | the accused is established, or should have been established by |
| 141 | the exercise of due diligence, through the analysis of |
| 142 | deoxyribonucleic acid (DNA) evidence, if a sufficient portion of |
| 143 | the evidence collected at the time of the original investigation |
| 144 | and tested for DNA is preserved and available for testing by the |
| 145 | accused: |
| 146 | 1. An offense of sexual battery under chapter 794. |
| 147 | 2. A lewd or lascivious offense under s. 800.04 or s. |
| 148 | 825.1025. |
| 149 | (b) This subsection applies to any offense that is not |
| 150 | otherwise barred from prosecution on or after July 1, 2004. |
| 151 | Section 2. This act shall take effect July 1, 2004. |