Text: SF02001                           Text: SF02003
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 2002

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 802.6, Code 2001, is amended to read as
  1  2 follows:
  1  3    802.6  PERIODS EXCLUDED FROM LIMITATION.
  1  4    1.  When a person leaves the state with the intention of
  1  5 avoiding prosecution, the The time within which an indictment
  1  6 or prosecution may information must be found or commenced
  1  7 within the time herein limited after the person's coming into
  1  8 the state, and no period during which the party charged was
  1  9 not publicly resident within the state is a part of the
  1 10 limitation shall not include the time during which the
  1 11 defendant is not present in the state.
  1 12    2.  The time within which an indictment or information must
  1 13 be found or commenced shall not include the time during which
  1 14 the defendant is a public officer or employee and the offense
  1 15 arises from misconduct relating to the duties and trust of
  1 16 that office or employment.  
  1 17                           EXPLANATION
  1 18    This bill relates to the filing of a criminal indictment or
  1 19 trial information.
  1 20    The bill provides that the period of time to file an
  1 21 indictment or trial information to charge a person with a
  1 22 criminal offense does not run unless the person is present in
  1 23 the state.
  1 24    Current law provides that the time to file an indictment or
  1 25 trial information only tolls if the person leaves the state
  1 26 with the intent to avoid prosecution.
  1 27    The Iowa rules of criminal procedure specify that an
  1 28 indictment or trial information must be found or commenced
  1 29 within 45 days of arrest.  
  1 30 LSB 5275SS 79
  1 31 jm/cls/14
     

Text: SF02001                           Text: SF02003
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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