S 3105Criminal Procedure

Criminal Procedure - Indictments, Informations and Complaints

This bill extends the time limit for prosecuting residential mortgage fraud to ten years.

Held for study

Population
Affected

Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the Rhode Island General Laws regarding the statute of limitations for criminal offenses. Specifically, it adds residential mortgage fraud to the list of crimes that have a ten-year statute of limitations. Currently, this specific crime falls under a shorter general statute of limitations (typically three years). By making this change, state prosecutors will have a decade from the time the offense is committed to file charges against individuals accused of committing residential mortgage fraud.

For younger readers

There are rules about how long the police have to catch someone after they break the law. This bill changes the rule for a crime called mortgage fraud, which is when someone lies to a bank to borrow money for a house. Right now, the police have a shorter time to catch them. This new law gives the police and lawyers ten years to catch the person and take them to court. This makes sure that people who cheat to get money for houses can still get in trouble even if it takes a long time to find out.

Who & Where It Applies

Impacted groups

HomeownersMortgage LendersReal Estate AgentsProsecutorsBanks

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows for greater accountability of white-collar criminals who prey on vulnerable homeowners, ensuring that complex financial schemes do not expire before they can be fully investigated.
Protects the integrity of the housing market, which is crucial for community stability, by deterring predatory lending and fraudulent practices that can lead to foreclosure and displacement.
Provides a longer window for justice, recognizing that financial fraud often takes years to uncover, thus preventing wealthy bad actors from escaping consequences due to legal technicalities.
Expands the reach of the carceral system by extending the timeframe in which the state can prosecute individuals, potentially leading to increased incarceration rates.
Risks compromising due process, as evidence may degrade and memories may fade over a ten-year period, potentially making it harder for defendants to mount a fair defense.
Focuses resources on punitive prosecution rather than investing in preventative regulatory measures or restorative justice approaches to housing issues.

For Conservatives

Strengthens the rule of law by ensuring that those who commit serious financial fraud are held accountable for their actions, regardless of how much time has passed.
Protects the financial interests of banks, lenders, and property owners by providing a stronger legal deterrent against mortgage fraud.
Upholds the integrity of contracts and the free market by punishing those who use deceit to manipulate property values and loan systems.
Grants the government excessive power to pursue citizens for actions taken a decade ago, potentially infringing on individual liberty and the right to a speedy resolution of legal matters.
Could lead to government overreach where prosecutors use old, technical violations to target specific business owners or political adversaries long after the fact.
May result in an inefficient use of taxpayer dollars by encouraging lengthy, drawn-out investigations rather than prompt and efficient enforcement of the law.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 8 additions

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-12-17 of the General Laws in Chapter 12-12 entitled "Indictments, Informations and Complaints" is hereby amended to read as follows: 12-12-17. Statute of limitations.

(a) There shall be no statute of limitations for the following offenses: treason against the state; any homicide, arson, first-degree arson, second-degree arson, third-degree arson, burglary, counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree child molestation sexual assault, second-degree child molestation sexual assault, bigamy; manufacturing, selling, distribution, or possession with intent to manufacture, sell, or distribute, a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title 21; or any other offense for which the maximum penalty provided is life imprisonment.

(b) The statute of limitations for the following offenses shall be ten (10) years: larceny under § 11-41-2 (receiving stolen goods), § 11-41-3 (embezzlement and fraudulent conversion), § 11-41-4 (obtaining property by false pretenses or personation), § 11-41-11 (embezzlement by bank officer or employee), § 11-41-12 (fraudulent conversion by agent or factor), and § 11-41-13 (obtaining signature by false pretenses), or any larceny that is punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation of § 11-18-1 (giving false document to agent, employee, or public official); perjury; any violation of chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7 (racketeer influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer violence); any violation of chapter 36 of title 6 (antitrust law); any violation of § 11-68-2 (exploitation of an elder); any violation of § 11-41-11.1 (unlawful appropriation); any violation of § 11-18-6 (false financial statement to obtain loan or credit); any violation of § 19-9-28 (false statement to obtain a loan); any violation of § 19-9-29 (bank fraud); or any violation of § 11-18-34 (residential mortgage fraud). The statute of limitations for § 11-37- 4 (second degree sexual assault) shall be ten (10) years from the date of the offense, or, in the case of a victim who is under the age of eighteen (18) at the time of the offense, ten (10) years from the victim's eighteenth birthday, whichever is later.

(c) The statute of limitations for any other criminal offense shall be three (3) years, unless a longer statute of limitations is otherwise provided for in the general laws. In the case of a violation of § 11-37-6 (third degree sexual assault), the three (3) years shall be measured from the date of the victim's eighteenth birthday, not from the date of the offense.

(d) Any person who participates in any offense, either as a principal accessory or conspirator, shall be subject to the same statute of limitations as if the person had committed the substantive offense.

(e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal), chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23 (hazardous waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public drinking water supply) shall be seven (7) years from the time that the facts constituting the offense or violation shall have become known to law enforcement authorities, unless a longer statute of limitations is otherwise provided for in the general laws.

SECTION 2. This act shall take effect upon passage.