September 16, 2003, Introduced by Senator GOSCHKA and referred to the Committee on Judiciary.
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
2002 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER VII
2 Sec. 24. (1) An indictment for murder, or criminal sexual
3 conduct in the first degree, or a violation of chapter LXXXIII-A
4 of the Michigan penal code, 1931 PA 328, MCL 750.543a to
5 750.543z, or a violation of chapter XXXIII of the Michigan penal
6 code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable by
7 life imprisonment may be found and filed at any time.
8 (2) An indictment for a violation or attempted violation of
9 section 145c, 520c, 520d, 520e, or 520g of the Michigan penal
10 code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d, 750.520e,
1 and 750.520g, may be found and filed as follows:
2 (a) Except as
otherwise provided in subdivision
3 subdivisions (b) and (c), an indictment may be found and filed
4 within 10 years after the offense is committed or by the alleged
5 victim's twenty-first birthday, whichever is later.
6 (b) If evidence of the violation is obtained and that
7 evidence contains DNA that is determined to be from an
8 unidentified individual, an indictment against that individual
9 for the violation may be found and filed at any time after the
10 offense is committed. However, except as provided in subdivision
11 (c), after the individual is identified, the indictment shall be
12 found and filed within 10 years after the individual is
13 identified or by the alleged victim's twenty-first birthday,
14 whichever is later. (c)
As used in this subsection
15 subdivision:
16 (i) "DNA" means human deoxyribonucleic acid.
17 (ii) "Identified" means the individual's legal name is known
18 and he or she has been determined to be the source of the DNA.
19 (c) If the violation or attempted violation is committed by
20 an individual 18 years of age or older against an individual less
21 than 18 years of age, an indictment may be found and filed at any
22 time.
23 (3) An indictment for kidnapping, extortion, assault with
24 intent to commit murder, attempted murder, manslaughter,
25 conspiracy to commit murder, or first-degree home invasion shall
26 be found and filed within 10 years after the offense is
27 committed.
1 (4) All other indictments shall be found and filed within 6
2 years after the offense is committed.
3 (5) Any period during which the party charged did not usually
4 and publicly reside within this state is not part of the time
5 within which the respective indictments shall be found and
6 filed.