Report Title:
Statute of Limitations; Sex Crimes
Description:
Increases the statute of limitations to 10 years after the victim's eighteenth birthday for class A felony sexual offenses committed against minors and to 6 years after the victim's eighteenth birthday for class B and C felony sexual offenses committed against minors. (HB2250 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2250 |
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TWENTY-THIRD LEGISLATURE, 2006 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to time limitations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 701-108, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle [must] shall be commenced within ten years after it is committed;
(b) A prosecution for a class A felony [must] shall be commenced within six years after it is committed; provided that a prosecution for a class A felony under chapter 707, part V or VI, committed when the victim was under eighteen years of age, shall be commenced within ten years after the victim's eighteenth birthday;
(c) A prosecution for any felony under part IX of chapter 708 [must] shall be commenced within five years after it is committed;
(d) A prosecution for any other felony [must] shall be commenced within three years after it is committed; provided that a prosecution for a class B or C felony under chapter 707, part V or VI, committed when the victim was under eighteen years of age, shall be commenced within six years after the victim's eighteenth birthday;
(e) A prosecution for a misdemeanor or parking violation [must] shall be commenced within two years after it is committed; and
(f) A prosecution for a petty misdemeanor or a violation other than a parking violation [must] shall be commenced within one year after it is committed."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.