A new bill was introduced in the Arizona legislature this month – HB2043 – that would make a subtle but important change in the statute of limitations for criminal charges. For those who don’t know, once the period set forth in the statute of limitations has run, there can be no prosecution of the charge(s) in question.
The proposed law would eliminate portions of the current statute of limitations, A.R.S. 13-107B, which states that the statute does not begin to run until the crime is discovered or “should have” been discovered using “due diligence.”
Troublingly, this means that a misdemeanor shoplift that occurred in 1990, if reported to law enforcement for the first time today, could still be charged, even though the statute of limitations is one year. Of course this is anathema to the constitutional cause of statutes of limitations, and we are happy the legislature is taking aim at it.
Existing law under subsection B also provides that the statute of limitations for criminal prosecutions is as follows:
- Petty Offenses – Six months
- Misdemeanors – One year
- Class 2 through Class 6 Felonies – Seven years
The pending bill, if enacted, would eliminate the questions of when the offense was discovered, when it should have been discovered, and what facts were or were not actually discovered. It does so in a straightforward and uncomplicated way. What the bill says is that the statute of limitations in criminal cases runs from the date the offense was committed.
We will watch to see how the proposed law progresses through the legislature.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028