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 Right to Due Process as guaranteed by the Constitution and falls within the legislative authority of the San Andreas Department of Justice.
Article I - Timeframe for Pressing Charges
- 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.
- 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 approved by a Judge.
- For crimes of a continuing nature, the statute of limitations shall commence from the last act of the crime.
- No criminal case shall be accepted outside of this 30-day statute, except as provided in Article V.
Article II - Timeframe for Evidence Collection and Use
- All evidence used to support charges must have been collected within 30 days prior to the charges being filed.
- Any evidence collected outside this 30-day period shall be considered inadmissible, except as provided in Articles III and V.
Article III - Exceptions to Evidence Collection Timeframe
- 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.
- Any warrant referencing evidence older than 30 days must justify the relevance and necessity of the older evidence in supporting the current charges. Such justifications are subject to judicial review and approval.
- Evidence that references actions, events, or other items 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 to be deemed admissible.
- Charges issued by the San Andreas Department of Justice, 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 IV - Civil Matters
- Citizens have 30 days from the time a grievance occurred to file a civil action upon a party involved in that grievance.
- This includes Impeachments and Authority Conduct Reviews.
- 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 constituting the grievance.
- No civil action shall be accepted outside of this 30-day statute, except as provided in Article V.
Article V - Delayed Discovery Rule
- Subject to judicial discretion, if a crime or civil cause of action is discovered after its commission and was not initially detectable, the statute of limitations shall commence from the date of discovery, provided substantial evidence supports this delayed discovery. This is done via a Motion for Delayed Discovery when pressing charges on a docket.
Article VI - Grave Offences Warrants
- A warrant issued for any charge classified under the Grave Offences Protocol (GOP) shall automatically remain valid and extended for the duration of the statute of limitations.
Conclusion
The Statute of Limitations Legislation provides clear timelines and structure for the fair and efficient administration of justice in San Andreas. It ensures that citizens are protected from indefinite prosecution, encourages timely investigation by Law Enforcement, and upholds due process through judicial oversight. By balancing accountability with fairness, this legislation strengthens the integrity of the criminal justice system and preserves the rights of all parties involved.
Signatories:
- Justice Bailey Harvey
- Justice Peter Brackley
- Justice Mina Mercy
- Justice Tess Timony
- Justice James Anderson