2023 -- H 5911
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LC002074
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND
COMPLAINTS
Introduced By: Representatives McEntee, Craven, Caldwell, O'Brien, Edwards,
Casimiro, Kazarian, Spears, Fogarty, and Handy
Date Introduced: March 01, 2023
Referred To: House Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-12-17 of the General Laws in Chapter 12-12 entitled "Indictments, 1
Informations and Complaints" is hereby amended to read as follows: 2
12-12-17. Statute of limitations. 3
(a) There shall be no statute of limitations for the following offenses: treason against the 4
state; any homicide, arson, first-degree arson, second-degree arson, third-degree arson, burglary, 5
counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree child molestation 6
sexual assault, second degree sexual assault, second-degree child molestation sexual assault, 7
bigamy; manufacturing, selling, distribution, or possession with intent to manufacture, sell, or 8
distribute, a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title 9
21; or any other offense for which the maximum penalty provided is life imprisonment. 10
(b) The statute of limitations for the following offenses shall be ten (10) years: larceny 11
under § 11-41-2 (receiving stolen goods), § 11-41-3 (embezzlement and fraudulent conversion), § 12
11-41-4 (obtaining property by false pretenses or personation), § 11-41-11 (embezzlement by bank 13
officer or employee), § 11-41-12 (fraudulent conversion by agent or factor), and § 11-41-13 14
(obtaining signature by false pretenses), or any larceny that is punishable as a felony; any violation 15
of chapter 7 of title 11 (bribery); any violation of § 11-18-1 (giving false document to agent, 16
employee, or public official); perjury; § 11-37-6 (third degree sexual assault); any violation of 17
chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7 (racketeer 18
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influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer violence); 1
any violation of chapter 36 of title 6 (antitrust law); any violation of § 11-68-2 (exploitation of an 2
elder); any violation of § 11-41-11.1 (unlawful appropriation); any violation of § 11-18-6 (false 3
financial statement to obtain loan or credit); any violation of § 19-9-28 (false statement to obtain a 4
loan); any violation of § 19-9-29 (bank fraud); or any violation of § 11-18-34 (residential mortgage 5
fraud). 6
(c) The statute of limitations for any other criminal offense shall be three (3) years, unless 7
a longer statute of limitations is otherwise provided for in the general laws. 8
(d) Any person who participates in any offense, either as a principal accessory or 9
conspirator, shall be subject to the same statute of limitations as if the person had committed the 10
substantive offense. 11
(e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal), 12
chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23 (hazardous 13
waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public 14
drinking water supply) shall be seven (7) years from the time that the facts constituting the offense 15
or violation shall have become known to law enforcement authorities, unless a longer statute of 16
limitations is otherwise provided for in the general laws. 17
SECTION 2. This act shall take effect upon passage. 18
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND
COMPLAINTS
***
This act would include the offense of second-degree sexual assault among the offenses to 1
which there shall be no statute of limitations and provides for a ten (10) year statute of limitations 2
for third-degree sexual assault. 3
This act would take effect upon passage. 4
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LC002074
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