2014 -- H 7616

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LC004518

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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 Canario, Edwards, Finn, Gallison, and Lombardi

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     (State Police)

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

imprisonment.

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

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

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

41-11 (embezzlement by bank officer or employee), § 11-41-11.1 (unlawful appropriation),

section 11-41-12 (fraudulent conversion by agent or factor), and section 11-41-13 (obtaining

signature by false pretenses), or any larceny which is punishable as a felony; any violation of

chapter 7 of title 11 (bribery); any violation of section 11-18-1 (giving false document to agent,

employee, or public official); perjury; any violation of chapter 42 of title 11 (threats and

extortion); any violation of chapter 15 of title 7 (racketeer influenced and corrupt organizations);

any violation of chapter 57 of title 11 (racketeer violence); or any violation of chapter 36 of title 6

(antitrust law).

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

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

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

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

substantive offense.

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

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

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

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

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

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

     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 unlawful appropriation from three

(3) years to ten (10) years.

     This act would take effect upon passage.

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