SB 1007

This bill changes the applicable time limits on prosecution when DNA evidence

implicates an individual in the commission of a felony.

Under current law, prosecution for a felony generally must be commenced

within six years of the commission of the felony, and prosecution of a misdemeanor

must be commenced within three years of the commission of the misdemeanor.

Certain crimes have a longer time limit on prosecutions; for instance, a prosecution

for second- or third-degree sexual assault must be commenced within 10 years of the

commission, and prosecution for certain crimes, such as first-degree homicide and

first-degree sexual assault, may be commenced at any time.

Under current law, if a DNA sample is collected that implicates a person in the

commission of a felony within the applicable time limit on prosecution or, if there is

no time limit on prosecution, within six years of the commission of the felony, the

state may commence prosecution of the person who is the source of the DNA sample

for the felony or a crime that is related to the felony within 12 months after the DNA

analysis results in a probable identification of the person or within the applicable

time limit on prosecution, whichever is latest.

Under this bill, the statute of limitations that has expired is reset at the time

a person is implicated in the commission of a felony by DNA evidence. Under the bill,

notwithstanding that the statute of limitations has expired, the state may commence

prosecution of the person for the felony or a crime related to the felony within three

years beginning on the day that DNA evidence implicates the person in the crime.