HLS 10RS-1469 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 533 BY REPRESENTATIVE MILLS CRIMINAL/PROCEDURE: Amends time limitations for instituting prosecution for the crime of exploitation of the infirmed AN ACT1 To enact Code of Criminal Procedure Article 573(5), relative to time limitations for2 initiating prosecutions; to provide relative to time limitations in which to institute3 prosecution for the crime of exploitation of the infirmed; and to provide for related4 matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. Code of Criminal Procedure Article 573(5) is hereby enacted to read as7 follows: 8 Art. 573. Running of time limitations; exception 9 The time limitations established by Article 572 shall not commence to run10 as to the following offenses until the relationship or status involved has ceased to11 exist when: 12 * * *13 (5) The offense charged is exploitation of the infirmed (R.S. 14:93.4).14 HLS 10RS-1469 ORIGINAL HB NO. 533 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Mills HB No. 533 Abstract: Provides relative to the time limitations in which to institute prosecution of a case involving exploitation of the infirmed. Present law provides that no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed: (1)Six years, for a felony necessarily punishable by imprisonment at hard labor. (2)Four years, for a felony not necessarily punishable by imprisonment at hard labor. (3)Two years, for a misdemeanor punishable by a fine, or imprisonment, or both. (4)Six months, for a misdemeanor punishable only by a fine or forfeiture. Present law provides that for the following offenses, these present law time periods for instituting prosecution shall be suspended until the relationship or status involved has ceased to exist: (1)The offense charged is based on the misappropriation of any money or thing of value by one who, by virtue of his office, employment, or fiduciary relationship, has been entrusted therewith or has control thereof. (2)The offense charged is extortion or false accounting committed by a public officer or employee in his official capacity. (3)The offense charged is public bribery. (4)The offense charged is aggravated battery (R.S. 14:34) and the victim is under 17 years of age. Proposed law adds the offense of exploitation of the infirmed (R.S. 14:93.4) to the list of offenses for which the present law time periods for instituting prosecution shall be suspended until the relationship or status involved has ceased to exist. (Adds C.Cr.P. Art. 573(5))