2017 -- H 5261

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LC000010

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - INDICTMENTS, INFORMATIONS AND

COMPLAINTS

     Introduced By: Representatives Williams, Ajello, Kazarian, Fogarty, and Diaz

     Date Introduced: January 27, 2017

     Referred To: House Judiciary

     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, second-degree sexual assault,

third-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 § 11-41-2 (receiving stolen goods), § 11-41-3 (embezzlement and fraudulent conversion), §

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

bank officer or employee), § 11-41-12 (fraudulent conversion by agent or factor), and § 11-41-13

(obtaining signature by false pretenses), or any larceny that is punishable as a felony; any

violation of chapter 7 of title 11 (bribery); any violation of § 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); any violation of chapter 36 of title 6

(antitrust law); or any violation of § 11-68-2 (exploitation of an elder).

      (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 eliminate the statute of limitations for second-degree and third-degree

sexual assault.

     This act would take effect upon passage.

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