Statute of Limitations Legislation
Introduction
This legislation aims to clearly define the Statute of Limitations for Law Enforcement Agencies in bringing criminal charges against citizens and the collection and use of evidence in these cases.Constitutional Justification
This legislation upholds the constitutional rights of citizens to due process and falls within the legislative authority of the San Andreas Department of Justice.Details
Article 1: Timeframe for Pressing Charges
(a) Law Enforcement Agencies have 30 days from the time a crime is committed to press charges upon a citizen, provided there is probable cause and supporting evidence.(b) If an arrest warrant is issued for criminal charges, Law Enforcement Agencies have until the end of this timeframe to serve the warrant, subject to periodic extension requests to be approved by a Judge.
(c) For crimes of a continuing nature, the statute of limitations shall commence from the last act of the crime.
(d) No criminal case shall be accepted outside of this 30 day statute, except as provided in Article 5.
Article 2: Timeframe for Evidence Collection and Use
(a) All evidence to support charges must have been collected within 30 days prior to the charges being pushed.(b) Any evidence collected outside of this 30 day period shall be considered inadmissible for pressing charges, except as provided in Articles 3 and 5.
Article 3: Exceptions to Evidence Collection Timeframe
(a) If a warrant is issued within the 30 day period following the commission of a crime, evidence collected under that warrant may be admissible, provided the warrant references evidence within 30 days prior to the charges being pushed.(b) Any warrant referencing evidence older than 30 days must justify the relevance and necessity of the older evidence in supporting the current charge(s). Such justifications are subject to judicial review and approval.
(c) Evidence that references action(s), event(s), or any other item(s) older than 30 days may be considered if it directly impacts the understanding of the crime committed within the 30 day period. Such historical evidence must be corroborated by current evidence within the 30 day statute to be deemed admissible.
(d) Charges issued by the LSJ, including but not limited to Contempt of Court, Failure to Appear, and Violating a Court Order, shall be exempt from any statute of limitations.
Article 4: Civil Matters
(a) Citizens have 30 days from the time a grievance occurred to file a civil action upon a party involved in that grievance.i. This shall include Impeachments/Authority Conduct Reviews.
(b) For civil cases involving continuous or ongoing actions contributing toward a grievance, the statute of limitations shall commence from the date of the last act or occurrence constituting the grievance.
(c) No civil action shall be accepted outside of this 30 day statute, except as provided in Section 5.
Article 5: Delayed Discovery Rule
(a) Subject to judicial discretion, if a crime or basis for civil action is discovered after its commission and was not initially detectable, the statute of limitations shall commence from the date of discovery, provided that substantial evidence supports this delayed discovery.Article 6: Warrant Lengths
(a) A warrant issued for a charge contained under a “Held Until Trial” charge will automatically be valid and extended automatically for the duration of the statute of limitations.(b) All other warrants, signed initially by LEO Command, are valid for up to and including 48hrs from the time of signature. Extensions must be undersigned by judicial review.
