Text: SF02001 Text: SF02003 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 of1 5avoiding prosecution, theThe time within which an indictment 1 6 orprosecution mayinformation must be found or commenced 1 7within the time herein limited after the person's coming into1 8the state, and no period during which the party charged was1 9not publicly resident within the state is a part of the1 10limitationshall 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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