FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 196

93RD GENERAL ASSEMBLY

     Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, May 5, 2005, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

0474S.02C

AN ACT

To repeal sections 556.036 and 569.040, RSMo, and to enact in lieu thereof two new sections relating to the statute of limitation for certain crimes, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 556.036 and 569.040, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 556.036 and 569.040, to read as follows:

            556.036.  1.  A prosecution for murder, forcible rape, attempted forcible rape, forcible sodomy, attempted forcible sodomy, or any class A felony may be commenced at any time.  

            2.  Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation:

            (1)  For any felony, three years;

            (2)  For any misdemeanor, one year;

            (3)  For any infraction, six months.  

            3.  If the period prescribed in subsection 2 of this section has expired, a prosecution may nevertheless be commenced for:

            (1)  Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years.  As used in this subdivision, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting or circuit attorney having jurisdiction pursuant to section 407.553, RSMo, for purposes of offenses committed pursuant to sections 407.511 to 407.556, RSMo; and

            (2)  Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years; and

            (3)  Any offense based upon an intentional and willful fraudulent claim of child support arrearage to a public servant in the performance of his or her duties within one year after discovery of the offense, but in no case shall this provision extend the period of limitation by more than three years[.];

            (4)  Any violation of sections 569.040 to 569.055, RSMo, within five years.  

            4.  An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.  Time starts to run on the day after the offense is committed.  

            5.  A prosecution is commenced either when an indictment is found or an information filed.  

            6.  The period of limitation does not run:

            (1)  During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

            (2)  During any time when the accused is concealing himself from justice either within or without this state; or

            (3)  During any time when a prosecution against the accused for the offense is pending in this state; or

            (4)  During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020, RSMo.

            569.040.   1.  A person commits the crime of arson in the first degree when he or she:

            (1)  Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or

            (2)  By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine.

            2.  Arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the defendant or as a result of a fire or explosion started in an attempt by the defendant to produce methamphetamine, in which case arson in the first degree is a class A felony.

•