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HB 4485

Criminal procedure: statute of limitations; statute of limitations for certain criminal sexual conduct violations; eliminate. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

2023-2024 Regular Session Introduced by Abraham Aiyash and 29 co-sponsors

The law extends or adjusts statutes of limitations for certain offenses, especially child sexual offenses and DNA-linked cases, with longer windows and DNA tolling rules.

assigned PA 268'24
#crimes:assaultive #crimes:criminalsexualconduct #criminalprocedure:statuteoflimitations
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Bill Summary · HB 4485

Summary — HB 4485 (enacted as Public Act 268 of 2024)

Status: Enacted (PA 268 of 2024). Effective date: April 2, 2025.
Primary statutory target: Amends section 24 of chapter VII of the Code of Criminal Procedure (MCL 767.24).

Purpose / Intent

HB 4485 revises criminal statute-of-limitations rules for certain offenses, with particular attention to criminal sexual conduct (CSC) involving minors and offenses where DNA evidence is involved. The changes alter the time windows during which indictments may be found and filed and clarify applicability of those changes.

Key provisions

  • Lists of crimes with extended or eliminated time limits:
    • Some crimes (including murder and first‑degree CSC) continue to permit an indictment to be found and filed at any time.
    • “Theresa Flores’s Law” retained: indictments for certain child sexual offenses (MCL 750.13, 750.462b–462e) may be filed within 25 years after the offense.
  • For a set of listed offenses (including certain assault and sexual offenses), the general rule remains indictable within 10 years after the offense or by the alleged victim’s 21st birthday, whichever is later.
    • If evidence contains DNA from an unidentified individual, an indictment against that (unidentified) person may be found at any time; once that individual is identified, normal limitation periods resume (e.g., 10 years after identification or by victim’s 21st birthday).
  • For violations of MCL 750.520c or 750.520d (specific degrees of criminal sexual conduct), when the victim is under 18:
    • An indictment may be found and filed within 15 years after the offense or by the alleged victim’s forty‑second birthday (whichever is later). This replaces the prior 15‑year / 28th‑birthday formulation.
    • DNA exception: if evidence contains DNA from an unidentified person, indictment may be found at any time; after identification, the 15‑year/42nd‑birthday limit applies (measured from identification or victim’s 42nd birthday).
  • Definitions: clarifies “DNA” (human deoxyribonucleic acid) and “identified” (legal name known and determined to be the DNA source).
  • Retroactivity/Scope: The act includes an express non‑retroactivity clause for the 2024 amendment—changes to limitation periods apply to offenses committed on or after the effective date and do not apply retroactively to prior offenses.

Who is affected

  • Victims of sexual offenses (particularly those assaulted as minors): the change to a 42‑year birthday measure extends the prosecutorial window for many childhood sexual assaults compared with earlier age cutoffs.
  • Accused persons and criminal defendants: alteration of limitation periods changes exposure to prosecution depending on offense date and victim age.
  • Prosecutors, defense counsel, law enforcement: new rules on timing, DNA-based tolling, and the interplay of identification affect charging decisions and evidence strategy.
  • Courts: will apply the revised limitations framework and the non‑retroactivity rule when adjudicating pre‑ and post‑effective‑date offenses.

Procedural / timeline notes

  • Introduced: April 27, 2023 (Rep. Reggie Miller, et al.).
  • Passed House and Senate in 2024; enrolled and approved by Governor Jan 22, 2025. Filed with Secretary of State Jan 22, 2025. Assigned PA 268 of 2024. Effective April 2, 2025.
  • Related legislation / prior proposals considered broader or different changes (including proposals to eliminate some limitations entirely), but the final enacted text implements the modifications summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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