Statute of limitations; except felonious assistance program fraud from.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2338

AN ACT TO AMEND SECTION 99-1-5, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT A PERSON SHALL NOT BE PROSECUTED FOR FELONIOUS 2
ASSISTANCE PROGRAM FRAUD, AS DESCRIBED IN SECTION 97-19-71, UNLESS 3
THE PROSECUTION FOR THE OFFENSE IS COMMENCED WITHIN TEN (10) YEARS 4
AFTER THE COMMISSION THEREOF; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 99-1-5, Mississippi Code of 1972, is 7
amended as follows: 8
99-1-5. (1) (a) The passage of time shall never bar 9
prosecution against any person for the offenses of murder, 10
manslaughter, aggravated assault, aggravated domestic violence, 11
kidnapping, arson, burglary, forgery, counterfeiting, robbery, 12
larceny, rape, embezzlement, obtaining money or property under 13
false pretenses or by fraud, felonious abuse or battery of a child 14
as described in Section 97-5-39, touching or handling a child for 15
lustful purposes as described in Section 97-5-23, sexual battery 16
of a child as described in Section 97-3-95(1)(c), (d) or (2), 17
exploitation of children as described in Section 97-5-33, 18
promoting prostitution under Section 97-29-51(2) when the person 19
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involved is a minor, felonious abuse of vulnerable persons, as 20
described in Section 43-47-18, sexual battery as described in 21
Section 97-3-95(1)(a) or (b) when the identity of the accused is 22
later discovered due to results of DNA testing of biological 23
evidence, or any human trafficking offense as described in Section 24
97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 25
97-3-54.3. 26
(b) A person shall not be prosecuted * * * for 27
felonious abuse of vulnerable persons, as described in Section 28
43-47-19, unless the prosecution for the offense is commenced 29
within five (5) years after the commission thereof. 30
(c) A person shall not be prosecuted for larceny of 31
timber as described in Section 97-17-59, unless the prosecution 32
for the offense is commenced within six (6) years after the 33
commission thereof. 34
(d) The time limitation on prosecution for conspiracy, 35
as described in Section 97-1-1, shall be the same as for the 36
underlying offense for which the defendant is accused of 37
conspiring to commit. 38
(e) A person shall not be prosecuted for bribery as 39
described in Section 97-11-11, unless the prosecution for the 40
offense is commenced within five (5) years after the commission 41
thereof. 42
(f) A person shall not be prosecuted for felonious 43
assistance program fraud, as described in Section 97-19-71, unless 44
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ST: Statute of limitations; except felonious
assistance program fraud from.
the prosecution for the offense is commenced within ten (10) years 45
after the commission thereof. 46
(2) A person shall not be prosecuted for any other offense 47
not listed in this section unless the prosecution for the offense 48
is commenced within two (2) years after the commission thereof. 49
(3) Nothing contained in this section shall bar any 50
prosecution against any person who shall abscond or flee from 51
justice, or shall absent himself from this state or out of the 52
jurisdiction of the court, or so conduct himself that he cannot be 53
found by the officers of the law, or that process cannot be served 54
upon him. 55
SECTION 2. This act shall take effect and be in force from 56
and after its passage. 57