SENATE, No. 1058

By Mr. Tolman, a petition (accompanied by bill, Senate, No. 1058) of Steven A. Tolman, Karen E. Spilka and Pamela P. Resor for legislation to amend the criminal statute of limitations. The Judiciary

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT AMENDING THE CRIMINAL STATUTE OF LIMITATIONS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Chapter 277 of the General Laws, as appearing in the 2002 Official Edition, shall be amended by inserting after section 63, the following new section:

Section 63A.  Notwithstanding anything contained in the provisions of Section 63 of Chapter 277, an indictment for an offense set forth in section thirteen B, thirteen F, thirteen H, thirteen L, twenty-two, twenty-two A, twenty-three, twenty-four, or twenty-four B of chapter two hundred and sixty-five, or section three, four A, four B, sixteen, seventeen, or thirty-five A of chapter two hundred and seventy-two, or for conspiracy to commit any of said offenses, or as an accessory thereto, or any one or more of them, may be found at any time after the date of commission of such offense.

In the event of any conflict between the provisions of Section 63 of Chapter 277 of the General Laws, and Section 63A, the provisions of Section 63A shall prevail.

SECTION  2. This amendment shall become effective upon passage.

SECTION  3. This amendment shall be deemed to be retroactive to the fullest extent permitted under the Constitution of the United States and the Declaration of Rights of the Commonwealth of Massachusetts.

SECTION  4. Each section of this Act shall be separable and shall continue in effect if any provision hereof is deemed to be unconstitutional or otherwise ineffective.