HB325 Alabama 2014 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2014

Title

Felonies, theft by deception and certain securities violations, statute of limitations extended under certain conditions, exceptions, until discovery of deception, Secs. 8-6-18, 13A-8-2, 15-3-1 am'd.

Description

Under existing law, there is a general three-year statute of limitations for felonies.

Under the Alabama Supreme Court's decision in Ex parte Rosborough, 909 So. 2d 772 (Ala. 2004), the offense of theft by deception is complete and the applicable statute of limitations begins to run when the defendant obtains money from the victim through the use of deception. Under this decision, in certain cases, the statute of limitations may expire before the victim is aware of the theft.

This bill would increase the statute of limitations for all felonies, except for the conversion of public revenues, certain offenses that have no limitation, or any other felony that has a specified limitation, from three years to five years.

This bill would also provide that the statute of limitations for prosecutions of theft by deception and certain securities violations do not commence or begin to accrue until discovery of the facts constituting the deception, after which the prosecution must be commenced within five years.

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Subjects

Crimes and Offenses