REPORT TITLE:
Statute of Limitations


DESCRIPTION:
Abolishes the statute of limitations for all class A felonies.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1254
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STATUTE OF LIMITATIONS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 701-108, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (1) and (2) to read as follows:
 
 3      "(1)  A prosecution for murder, murder in the first and
 
 4 second degrees, attempted murder, [and] attempted murder in the
 
 5 first and second degrees, criminal conspiracy to commit murder in
 
 6 any degree, [and] criminal solicitation to commit murder in any
 
 7 degree, and any class A felony, including manslaughter, any
 
 8 attempted class A felony, criminal conspiracy to commit a class A
 
 9 felony, and criminal solicitation to commit a class A felony
 
10 may be commenced at any time.
 
11      (2)  Except as otherwise provided in this section,
 
12 prosecutions for other offenses are subject to the following
 
13 periods of limitation:
 
14     [(a)  A prosecution for manslaughter where the death was not
 
15           caused by the operation of a motor vehicle must be
 
16           commenced within ten years after it is committed;
 
17      (b)  A prosecution for a class A felony must be commenced
 
18           within six years after it is committed;
 
19      (c)] (a)  A prosecution for any other felony must be
 

 
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                                     S.B. NO.           1254
                                                        
                                                        

 
 1           commenced within three years after it is committed;
 
 2     [(d)] (b)  A prosecution for a misdemeanor or parking
 
 3           violation must be commenced within two years after it
 
 4           is committed; and
 
 5     [(e)] (c)  A prosecution for a petty misdemeanor or a
 
 6           violation other than a parking violation must be
 
 7           commenced within one year after it is committed."
 
 8      SECTION 2.  This Act shall apply to any act committed after
 
 9 its effective date.
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:_________________________