2014 -- H 7331

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LC004115

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - INDICTMENTS, INFORMATIONS AND

COMPLAINTS

     

     Introduced By: Representatives E Coderre, Ucci, Blazejewski, Edwards, and Mattiello

     Date Introduced: February 06, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-12-17 of the General Laws in Chapter 12-12 entitled

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"Indictments, Informations and Complaints" is hereby amended to read as follows:

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     12-12-17. Statute of limitations. -- (a) There shall be no statute of limitations for the

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following offenses: treason against the state, any homicide, arson, first degree arson, second-

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degree arson, third degree arson, burglary, counterfeiting, forgery, robbery, rape, first degree

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sexual assault, first degree child molestation sexual assault, second degree child molestation

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sexual assault, bigamy, manufacturing, selling, distribution, or possession with intent to

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manufacture, sell, or distribute, a controlled substance under the Uniform Controlled Substance

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Act, chapter 28 of title 21, or any other offense for which the maximum penalty provided is life

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imprisonment.

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      (b) The statute of limitations for the following offenses shall be ten (10) years: larceny

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under section §11-41-2 (receiving stolen goods), section §11-41-3 (embezzlement and fraudulent

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conversion), section §11-41-4 (obtaining property by false pretenses or personation), section §11-

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41-11 (embezzlement by bank officer or employee), section §11-41-12 (fraudulent conversion by

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agent or factor), and section §11-41-13 (obtaining signature by false pretenses), or any larceny

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which that is punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation

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of section §11-18-1 (giving false document to agent, employee, or public official); perjury; any

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violation of chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7

 

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(racketeer influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer

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violence); or any violation of chapter 36 of title 6 (antitrust law); or any violation of § 11-68-2

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(exploitation of an elder).

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      (c) The statute of limitations for any other criminal offense shall be three (3) years unless

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a longer statute of limitations is otherwise provided for in the general laws.

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      (d) Any person who participates in any offense, either as a principal accessory, or

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conspirator, shall be subject to the same statute of limitations as if the person had committed the

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substantive offense.

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      (e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse

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disposal), chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23

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(hazardous waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46

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(public drinking water supply) shall be seven (7) years from the time that the facts constituting

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the offense or violation shall have become known to law enforcement authorities, unless a longer

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statute of limitations is otherwise provided for in the general laws.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - INDICTMENTS, INFORMATIONS AND

COMPLAINTS

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     This act would increase the statute of limitations for exploitation of an elder from three

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(3) years to ten (10) years.

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     This act would take effect upon passage.

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