1.1.................... moves to amend H.F. No. 1392 as follows:
1.2Page 5, after line 16, insert:
1.3 "Sec. 5. Minnesota Statutes 2006, section 628.26, is amended to read:
1.4628.26 LIMITATIONS.
1.5(a) Indictments or complaints for any crime resulting in the death of the victim may
1.6be found or made at any time after the death of the person killed.
1.7(b) Indictments or complaints for a violation of section
609.25 may be found or
1.8made at any time after the commission of the offense.
1.9(c) Indictments or complaints for violation of section
609.282 may be found or made
1.10at any time after the commission of the offense if the victim was under the age of 18 at
1.11the time of the offense.
1.12(d) Indictments or complaints for violation of section
609.282 where the victim
1.13was 18 years of age or older at the time of the offense, or
609.42, subdivision 1, clause
1.14(1) or (2), shall be found or made and filed in the proper court within six years after
1.15the commission of the offense.
1.16(e) Indictments or complaints for violation of sections
609.342 to
609.345 if the
1.17victim was under the age of 18 years at the time the offense was committed, shall be found
1.18or made and filed in the proper court within
the later of nine years after the commission of
1.19the offense or
, if the victim failed to report the offense within this limitation period, within
1.20three years after the offense was reported to law enforcement authorities.
1.21(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
1.22violation of sections
609.342 to
609.344 may be found or made and filed in the proper
1.23court at any time after commission of the offense, if physical evidence is collected and
1.24preserved that is capable of being tested for its DNA characteristics. If this evidence is not
1.25collected and preserved and the victim was 18 years old or older at the time of the offense,
1.26the prosecution must be commenced within nine years after the commission of the offense.
2.1(g) Indictments or complaints for violation of sections
609.466 and
609.52,
2.2subdivision 2
, clause (3), item (iii), shall be found or made and filed in the proper court
2.3within six years after the commission of the offense.
2.4(h) Indictments or complaints for violation of section
609.52, subdivision 2, clause
2.5(3), items (i) and (ii), (4), (15), or (16),
609.631, or
609.821, where the value of the
2.6property or services stolen is more than $35,000, shall be found or made and filed in the
2.7proper court within five years after the commission of the offense.
2.8(i) Except for violations relating to false material statements, representations or
2.9omissions, indictments or complaints for violations of section
609.671 shall be found or
2.10made and filed in the proper court within five years after the commission of the offense.
2.11(j) Indictments or complaints for violation of sections
609.561 to
609.563, shall
2.12be found or made and filed in the proper court within five years after the commission
2.13of the offense.
2.14(k) In all other cases, indictments or complaints shall be found or made and filed in
2.15the proper court within three years after the commission of the offense.
2.16(l) The limitations periods contained in this section shall exclude any period of time
2.17during which the defendant was not an inhabitant of or usually resident within this state.
2.18(m) The limitations periods contained in this section for an offense shall not include
2.19any period during which the alleged offender participated under a written agreement in a
2.20pretrial diversion program relating to that offense.
2.21(n) The limitations periods contained in this section shall not include any period
2.22of time during which physical evidence relating to the offense was undergoing DNA
2.23analysis, as defined in section
299C.155, unless the defendant demonstrates that the
2.24prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
2.25order to gain an unfair advantage.
2.26EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
2.27committed on or after that date, and to crimes committed before that date if the limitations
2.28period for the crime did not expire before August 1, 2009."
2.29Renumber the sections in sequence and correct the internal references
2.30Amend the title accordingly