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SB1239 - 572R - S Ver
Senate Engrossed
sex offenders;
statute of limitations
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1239
AN
ACT
AMENDING SECTION 13-107, ARIZONA
REVISED STATUTES; RELATING TO TIME LIMITATIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 13-107, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-107.
Time limitations
A. A prosecution for any homicide, any conspiracy to
commit homicide that results in the death of a person, any offense that is
listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any
violent sexual assault pursuant to section 13-1423, any violation of
section 13-2308.01, 13-2308.03
,
or
13-3212
,
or
13-3824,
any misuse of public monies or a felony involving
falsification of public records or any attempt to commit an offense listed in
this subsection may be commenced at any time.
B. Except as otherwise provided in this section and
sections 28-672, 28-1381 and 28-1382, prosecutions for other
offenses must be commenced within the following periods after actual discovery
by the state or the political subdivision having jurisdiction of the offense or
discovery by the state or the political subdivision that should have occurred
with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven
years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section,
a prosecution is commenced when an indictment, information or complaint is
filed.
D. The period of limitation does not run during any
time when the accused is absent from the state or has no reasonably
ascertainable place of abode within the state.
E. The period of limitation does not run for a
serious offense as defined in section 13-706 during any time when the
identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of
a class 6 felony shall commence shall be determined pursuant to subsection B,
paragraph 1 of this section, irrespective of whether a court enters a judgment
of conviction for or a prosecuting attorney designates the offense as a
misdemeanor.
G. If a complaint, indictment or information filed
before the period of limitation has expired is dismissed for any reason, a new
prosecution may be commenced within six months after the dismissal becomes
final even if the period of limitation has expired at the time of the dismissal
or will expire within six months of the dismissal.
END_STATUTE