Michigan Senate Bill SB1190

Michigan 2023-2024 Regular Session

• Introduced: 12/5/24
• Refer: 12/5/24
• Report Pass: 12/13/24
• Engrossed: 12/13/24
• Refer: 12/13/24

Caption

Criminal procedure: statute of limitations; statute of limitations for certain criminal sexual conduct violations; eliminate. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

Impact

If enacted, SB1190 would directly impact existing statutes concerning the prosecution of sexual crimes, particularly those where DNA evidence plays a crucial role. The bill would empower victims by allowing them to come forward at any time, thus potentially increasing the number of prosecutions for historical cases that may have gone unreported or unprosecuted due to time constraints. This could pave the way for more justice being served in cases that previously might have been dismissed due to the elapsed time since the offense was committed.

Summary

Senate Bill 1190 is aimed at amending the Code of Criminal Procedure in Michigan, specifically regarding the statute of limitations for certain criminal sexual conduct violations. The bill proposes to eliminate the time limit for filing indictments in such cases, allowing them to be found and filed at any time. Notably, this legislation is also known as 'Theresa Flores's Law', which signifies a dedicated effort to enhance victim rights and promote justice for survivors of sexual offenses. These changes reflect growing recognition of the complexities surrounding such crimes and the importance of ensuring that victims are not limited by restrictive timelines in seeking justice.

Sentiment

Overall, the sentiment around SB1190 appears to be largely positive among advocates for victim rights. Supporters view the bill as a critical step towards ensuring that survivors of sexual violence have the autonomy to seek justice without being hindered by statutory limitations. This legislative move aligns with broader movements aimed at reforming criminal justice policies to better serve and protect the rights of victims. However, critics may express concerns regarding the implications this extended timeline might have on defendants' rights to a fair trial.

Contention

The main points of contention surrounding SB1190 involve debates over the balance between protecting victim rights and ensuring fair legal processes for the accused. Opponents of extending the statute of limitations might argue that long periods without prosecution could complicate cases, as witnesses might no longer be available and evidence could degrade over time. However, proponents underscore the need for reform in dealing with sexual offenses, advocating that the ability to collect and utilize broken testimonies and DNA evidence significantly enhances the pursuit of justice, particularly in historical cases.