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35.215 Statute of limitations.
(1)
(2)
(3)
(4)
(5)
(6)
Except as otherwise provided in this section, a person charged with any offense is
not liable to be tried by court-martial or punished under KRS 35.070 if the offense
was committed more than three (3) years before the receipt of sworn charges and
specifications by an officer exercising court-martial jurisdiction over the command
or before the imposition of punishment under KRS 35.070. There shall be no statute
of limitations for the crimes set forth in KRS 35.678 to 35.690.
Periods in which the accused is absent without authority or fleeing from justice
shall be excluded in computing the period of limitation prescribed in this article.
Periods in which the accused was absent from territory in which the state has the
authority to apprehend him, or in the custody of civil authorities, or in the hands of
the enemy, shall be excluded in computing the period of limitation prescribed in this
section.
When the United States is at war, the running of any statute of limitations
applicable to any offense under this code:
(a) Involving fraud or attempted fraud against the United States, any state, or any
agency of either in any manner, whether by conspiracy or not;
(b) Committed in connection with the acquisition, care, handling, custody,
control, or disposition of any real or personal property of the United States or
any state; or
(c) Committed in connection with the negotiation, procurement, award,
performance, payment, interim financing, cancellation, or other termination or
settlement, of any contract, subcontract, or purchase order which is connected
with or related to the prosecution of the war, or with any disposition of
termination inventory by any war contractor or government agency;
is suspended until two (2) years after the termination of hostilities as proclaimed by
the President or by a joint resolution of Congress.
"War," as used in subsection (4) of this section, means a period of war declared by
Congress or the factual determination by the President that the existence of
hostilities warrants a finding that a time of war exists.
(a) If charges or specifications are dismissed as defective or insufficient for any
cause and the period prescribed by the applicable statute of limitations:
1.
Has expired; or
2.
Will expire within one hundred eighty (180) days after the date of
dismissal of the charges and specifications;
trial and punishment under new charges and specifications are not barred by
the statute of limitations if the conditions specified in paragraph (b) of this
subsection are met.
(b) The conditions referred to in paragraph (a) of this subsection are that the new
charges and specifications must:
1.
Be received by a commander within one hundred eighty (180) days after
the dismissal of the charges or specifications; and
2.
Allege the acts or omissions that were alleged in the dismissed charges
or specifications.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 4, effective July 15, 2016. -- Amended
2013 Ky. Acts ch. 32, sec. 44, effective June 25, 2013. -- Amended 1970 Ky. Acts
ch. 56, sec. 29. -- Created 1954 Ky. Acts ch. 99, sec. 42, effective July 1, 1954.
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