REPORT TITLE:
Statute of Limitations


DESCRIPTION:
Extends the statute of limitations for class A felonies from six
years to ten years and class B from three years to six years.
Provides that class C felonies remain at three years. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1254
TWENTIETH LEGISLATURE, 1999                                S.D. 1
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 subsection (2) to read as follows:
 
 3      "(2)  Except as otherwise provided in this section,
 
 4 prosecutions for other offenses are subject to the following
 
 5 periods of limitation:
 
 6     (a)   A prosecution for manslaughter where the death was not
 
 7           caused by the operation of a motor vehicle must be
 
 8           commenced within ten years after it is committed;
 
 9      (b)  A prosecution for a class A felony must be commenced
 
10           within [six] ten years after it is committed;
 
11      (c)  [A prosecution for any other felony must be commenced
 
12           within three years after it is committed;  
 
13      (d)  A prosecution for a misdemeanor or parking violation
 
14           must be commenced within two years after it is
 
15           committed;
 
16      (e)  A prosecution for a petty misdemeanor or a violation
 
17           other than a parking violation must be commenced within
 
18           one year after it is committed.]  
 
19           A prosecution for any attempted class A felony,
 

 
Page 2                                                     
                                     S.B. NO.           1254
                                                        S.D. 1
                                                        

 
 1           criminal conspiracy to commit a class A felony, and
 
 2           criminal solicitation to commit a class A felony must
 
 3           be commenced within ten years after it is committed;
 
 4      (d)  A prosecution for a class B felony must be commenced
 
 5           within six years after it is committed;
 
 6      (e)  A prosecution for a class C felony must be commenced
 
 7           within three years after it is committed;
 
 8      (f)  A prosecution for a misdemeanor or parking violation
 
 9           must be commenced within two years after it is
 
10           committed; and
 
11      (g)  A prosecution for a petty misdemeanor or a violation
 
12           other than a parking violation must be commenced within
 
13           one year after it is committed."
 
14      SECTION 2.  This Act shall apply to any offense committed
 
15 after its effective date.
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.