Statute of limitations; except felonious assistance program fraud from., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Sparks

Senate Bill 2338

(As Sent to Governor)

AN ACT TO AMEND SECTION 99-1-5, MISSISSIPPI CODE OF 1972, TO
PROVIDE THAT A PERSON SHALL NOT BE PROSECUTED FOR FELONIOUS ASSISTANCE PROGRAM
FRAUD, AS DESCRIBED IN SECTION 97-19-71, UNLESS THE PROSECUTION FOR THE OFFENSE
IS COMMENCED WITHIN TEN (10) YEARS AFTER THE COMMISSION THEREOF; AND FOR
RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
99-1-5, Mississippi Code of 1972, is amended as follows:

99-1-5.  (1)  (a)  The
passage of time shall never bar prosecution against any person for the offenses
of murder, manslaughter, aggravated assault, aggravated domestic violence,
kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape,
embezzlement, obtaining money or property under false pretenses or by fraud,
felonious abuse or battery of a child as described in Section 97-5-39, touching
or handling a child for lustful purposes as described in Section 97-5-23,
sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2),
exploitation of children as described in Section 97-5-33, promoting
prostitution under Section 97-29-51(2) when the person involved is a minor,
felonious abuse of vulnerable persons, as described in Section 43-47-18, sexual
battery as described in Section 97-3-95(1)(a) or (b) when the identity of the
accused is later discovered due to results of DNA testing of biological
evidence, or any human trafficking offense as described in Section 97-3-54.1(1)(a),
(1)(b) or (1)(c), Section 97-3-54.2, or Section 97-3-54.3.

(b)  A person shall not
be prosecuted * * * for
felonious assistance‑program fraud, as described in Section 97‑19‑71,
or for felonious abuse of vulnerable persons, as described in
Section 43-47-19, unless the prosecution for the offense is commenced within
five (5) years after the commission thereof.

(c)  A person shall not
be prosecuted for larceny of timber as described in Section 97-17-59, unless
the prosecution for the offense is commenced within six (6) years after the
commission thereof.

(d)  The time
limitation on prosecution for conspiracy, as described in Section 97-1-1, shall
be the same as for the underlying offense for which the defendant is accused of
conspiring to commit.

(e)  A person shall not
be prosecuted for bribery as described in Section 97-11-11, unless the
prosecution for the offense is commenced within five (5) years after the
commission thereof.

(f)  A person shall
not be prosecuted for felonious assistance program fraud, as described in
Section 97-19-71, unless the prosecution for the offense is commenced within
ten (10) years after the commission thereof.

(2)  A person shall not be
prosecuted for any other offense not listed in this section unless the
prosecution for the offense is commenced within two (2) years after the commission
thereof.

(3)  Nothing contained in
this section shall bar any prosecution against any person who shall abscond or
flee from justice, or shall absent himself from this state or out of the
jurisdiction of the court, or so conduct himself that he cannot be found by the
officers of the law, or that process cannot be served upon him.

SECTION 2.  This act
shall take effect and be in force from and after its passage.