Senate
File
182
-
Introduced
SENATE
FILE
182
BY
PETERSEN
A
BILL
FOR
An
Act
relating
to
limitations
of
criminal
actions
by
extending
1
the
limitation
period
of
time
for
fraud
or
breach
of
2
fiduciary
obligation,
and
expanding
the
periods
of
time
3
excluded
from
the
limitation
due
to
concealment
and
lack
of
4
evidence
to
prosecute.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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182
Section
1.
Section
802.5,
Code
2017,
is
amended
to
read
as
1
follows:
2
802.5
Extension
for
fraud,
fiduciary
breach.
3
If
the
periods
prescribed
in
sections
802.3
and
802.4
have
4
expired,
prosecution
may
nevertheless
be
commenced
for
any
5
offense
a
material
element
of
which
is
either
fraud
or
a
breach
6
of
fiduciary
obligation
within
one
year
after
discovery
of
the
7
offense
by
an
aggrieved
party
or
by
a
person
who
has
legal
duty
8
to
represent
an
aggrieved
party
and
who
is
not
a
party
to
the
9
offense,
but
in
no
case
shall
this
provision
extend
the
period
10
of
limitation
otherwise
applicable
by
more
than
three
seven
11
years.
12
Sec.
2.
Section
802.6,
Code
2017,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
3.
The
time
within
which
an
indictment
or
15
information
must
be
found
shall
not
include
the
time
during
16
which
the
accused
person
conceals
evidence
of
the
offense,
17
evidence
sufficient
to
charge
the
person
with
the
offense
is
18
unknown
to
the
prosecuting
attorney,
and
the
offense
could
not
19
have
been
discovered
by
the
prosecuting
attorney
through
the
20
exercise
of
due
diligence.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
limitations
of
criminal
actions
25
(statute
of
limitations)
by
extending
the
limitation
for
fraud
26
or
breach
of
fiduciary
obligation,
and
expanding
the
periods
of
27
time
excluded
from
limitations.
28
Under
the
bill,
if
the
limitation
periods
in
Code
sections
29
802.3
(felony
——
aggravated
or
serious
misdemeanor)
and
802.4
30
(simple
misdemeanor
——
ordinance)
have
expired,
the
time
31
period
to
prosecute
may
be
extended
for
any
criminal
offense
32
within
one
year
after
discovery
of
the
criminal
offense,
33
where
a
material
element
of
the
offense
contains
either
fraud
34
or
a
breach
of
fiduciary
obligation,
but
the
time
period
to
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182
prosecute
the
criminal
offense
shall
not
be
extended
by
more
1
than
seven
years.
Currently,
the
time
period
to
prosecute
2
a
criminal
offense
where
a
material
element
of
the
offense
3
contains
either
fraud
or
a
breach
of
fiduciary
obligation
4
may
be
extended
within
one
year
of
discovery
of
the
criminal
5
offense,
but
the
time
period
to
prosecute
the
criminal
offense
6
shall
not
be
extended
by
more
than
three
years.
7
The
bill
also
excludes
from
the
statute-of-limitations
8
period
the
time
period
during
which
the
accused
person
conceals
9
evidence
of
the
offense,
evidence
sufficient
to
prosecute
10
the
person
with
that
offense
is
unknown
to
the
prosecuting
11
attorney,
and
the
offense
could
not
have
been
discovered
by
the
12
prosecuting
attorney
through
the
exercise
of
due
diligence.
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