HB-4528, As Passed House, April 26, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4528

                        As amended April 21, 2005

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 24 of chapter VII (MCL 767.24), as amended by

2004 PA 458.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

                              CHAPTER VII

     Sec. 24. (1) An indictment for murder,  or  conspiracy to

commit murder, [solicitation to commit murder,] criminal sexual conduct

in the first degree, or a

violation of the Michigan anti-terrorism act, chapter LXXXIII-A of

the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, or

a violation of chapter XXXIII of the Michigan penal code, 1931 PA

328, MCL 750.200 to 750.212a, that is punishable by life

imprisonment may be found and filed at any time.

     (2) An indictment for a violation or attempted violation of

section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code,

1931 PA 328, MCL 750.145c, 750.520c, 750.520d, 750.520e, and

750.520g, may be found and filed as follows:

     (a) Except as otherwise provided in subdivision (b), an

indictment may be found and filed within 10 years after the offense

is committed or by the alleged victim's twenty-first birthday,

whichever is later.

     (b) If evidence of the violation is obtained and that evidence

contains DNA that is determined to be from an unidentified

individual, an indictment against that individual for the violation

may be found and filed at any time after the offense is committed.

However, after the individual is identified, the indictment may be

found and filed within 10 years after the individual is identified

or by the alleged victim's twenty-first birthday, whichever is

later.

     (c) As used in this subsection:

     (i) "DNA" means human deoxyribonucleic acid.

     (ii) "Identified" means the individual's legal name is known

and he or she has been determined to be the source of the DNA.

     (3) An indictment for kidnapping, extortion, assault with

intent to commit murder, attempted murder, manslaughter,

conspiracy to commit murder, or first-degree home invasion may be

found and filed within 10 years after the offense is committed.

     (4) An indictment for identity theft or attempted identity

theft may be found and filed as follows:

     (a) Except as otherwise provided in subdivision (b), an

indictment may be found and filed within 6 years after the offense

is committed.

     (b) If evidence of the violation is obtained and the

individual who committed the offense has not been identified, an

indictment may be found and filed at any time after the offense is

committed, but not more than 6 years after the individual is

identified.

     (c) As used in this subsection:

     (i) "Identified" means the individual's legal name is known.

     (ii) "Identity theft" means 1 or more of the following:

     (A) Conduct prohibited in section 5 or 7 of the identity theft

protection act, 2004 PA 452, MCL 445.65 and 445.67.

     (B) Conduct prohibited under former section 285 of the

Michigan penal code, 1931 PA 328.

     (5) All other indictments may be found and filed within 6

years after the offense is committed.

     (6) Any period during which the party charged did not usually

and publicly reside within this state is not part of the time

within which the respective indictments may be found and filed.

     (7) The extension or tolling, as applicable, of the

limitations period provided in this section applies to any of those

violations for which the limitations period has not expired at the

time the extension or tolling takes effect.