HB325 Alabama 2014 Session

Under existing law, there is a general three-year statute of limitations for felonies

Under the Alabama Supreme Court's decision in Ex parte Rosborough, 909 So. 2d 772 (Ala. 2004), the offense of theft by deception is complete and the applicable statute of limitations begins to run when the defendant obtains money from the victim through the use of deception. Under this decision, in certain cases, the statute of limitations may expire before the victim is aware of the theft

This bill would increase the statute of limitations for all felonies, except for the conversion of public revenues, certain offenses that have no limitation, or any other felony that has a specified limitation, from three years to five years

This bill would also provide that the statute of limitations for prosecutions of theft by deception and certain securities violations do not commence or begin to accrue until discovery of the facts constituting the deception, after which the prosecution must be commenced within five years

To amend Sections 8-6-18, 13A-8-2, and 15-3-1, Code of Alabama 1975, to increase the statute of limitations for certain felonies; and to provide that the statute of limitations for prosecutions of theft by deception and certain securities violations do not commence or begin to accrue until discovery of the facts constituting the deception.