HOUSE OF REPRESENTATIVES

H.B. NO.

2390

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

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 as follows:

     1.  By amending subsection (1) to read:

     "(1)  A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, [and] criminal solicitation to commit murder in any degree, and child sexual abuse as defined by section 588-2 may be commenced at any time."

     2.  By amending subsection (6) to read:

     "(6)  The period of limitation does not run:

    (a)   During any time when the accused is continuously absent from the State or has no reasonably ascertainable place of abode or work within the State, but in no case shall this provision extend the period of limitation by more than four years from the expiration of the period of limitation prescribed in subsection (2); or

    (b)   During any time when a prosecution against the accused for the same conduct is pending in this State[; or].

   [(c)   For any felony offense under chapter 707, part V or VI, during any time when the victim is alive and under eighteen years of age.]"

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Child Sexual Abuse; Statute of Limitations.

 

Description:

Eliminates the statute of limitations for child sexual abuse prosecutions.

 

 

 

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