2022 -- H 7693

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LC005021

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

     

     Introduced By: Representatives McEntee, Caldwell, Craven, Morales, and O'Brien

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-12-17 of the General Laws in Chapter 12-12 entitled "Indictments,

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Informations and Complaints" is hereby amended to read as follows:

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     12-12-17. Statute of limitations.

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     (a) There shall be no statute of limitations for the following offenses: treason against the

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state; any homicide, arson, first-degree arson, second-degree arson, third-degree arson, burglary,

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counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree child molestation

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sexual assault, second degree sexual assault, second-degree child molestation sexual assault,

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bigamy; manufacturing, selling, distribution, or possession with intent to manufacture, sell, or

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distribute, a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title

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21; or any other offense for which the maximum penalty provided is life imprisonment.

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     (b) The statute of limitations for the following offenses shall be ten (10) years: larceny

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under § 11-41-2 (receiving stolen goods), § 11-41-3 (embezzlement and fraudulent conversion), §

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11-41-4 (obtaining property by false pretenses or personation), § 11-41-11 (embezzlement by bank

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officer or employee), § 11-41-12 (fraudulent conversion by agent or factor), and § 11-41-13

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(obtaining signature by false pretenses), or any larceny that is punishable as a felony; any violation

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of chapter 7 of title 11 (bribery); any violation of § 11-18-1 (giving false document to agent,

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employee, or public official); perjury; any violation of chapter 42 of title 11 (threats and extortion);

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any violation of chapter 15 of title 7 (racketeer influenced and corrupt organizations); any violation

 

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of chapter 57 of title 11 (racketeer violence); any violation of chapter 36 of title 6 (antitrust law);

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any violation of § 11-68-2 (exploitation of an elder); any violation of § 11-41-11.1 (unlawful

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appropriation); any violation of § 11-18-6 (false financial statement to obtain loan or credit); any

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violation of § 19-9-28 (false statement to obtain a loan); any violation of § 19-9-29 (bank fraud);

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or any violation of § 11-18-34 (residential mortgage fraud).

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     (c) The statute of limitations for any other criminal offense shall be three (3) years, unless

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a longer statute of limitations is otherwise provided for in the general laws.

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     (d) Any person who participates in any offense, either as a principal accessory or

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conspirator, shall be subject to the same statute of limitations as if the person had committed the

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substantive offense.

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     (e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal),

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chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23 (hazardous

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waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public

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drinking water supply) shall be seven (7) years from the time that the facts constituting the offense

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or violation shall have become known to law enforcement authorities, unless a longer statute of

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limitations is otherwise provided for in the general laws.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

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     This act would include the offense of second-degree sexual assault among the offenses to

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which there shall be no statute of limitations.

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     This act would take effect upon passage.

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