Kamisha’s Law Eliminates Time Limit for Charging Second-Degree Murder and Manslaughter

This legislation, titled “Kamisha’s Law,” makes a massive change to federal criminal procedure by eliminating the statute of limitations for several serious non-capital homicide offenses. Essentially, if someone is accused of crimes like second-degree murder, voluntary manslaughter, or attempted manslaughter under specific federal statutes (including sections 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, or 1121), prosecutors will now have an indefinite amount of time to bring charges. The time clock that usually forces a decision within a few years is gone for these specific offenses.

The End of the Time Clock for Cold Cases

For most crimes, there’s a statute of limitations—a deadline after which the government can no longer prosecute. This bill scraps that deadline entirely for specific federal homicide charges that don't carry the death penalty. Think of it like this: If you’re a prosecutor with a cold case, this law means you never have to worry about the file expiring. You can wait for new technology, a key witness to finally talk, or just the right moment to file charges, whether the crime happened five years ago or fifty. The benefit here is clear: it ensures that serious crimes can always be prosecuted, potentially bringing justice to victims’ families in cases that would have otherwise timed out. The bill specifically focuses on non-capital homicide offenses, allowing the indictment or information to be filed “at any time.”

The Real-World Cost of Indefinite Exposure

While the goal of seeking justice is understandable, eliminating the statute of limitations carries serious due process concerns for anyone who might become a defendant. Statutes of limitations exist not just to give closure, but to protect the accused. As time passes, evidence degrades, witnesses die or forget details, and documents get lost. Imagine being charged with an event from 20 years ago. Could you track down your alibi witnesses? Could you find the receipts or records you needed to prove your side of the story? For people facing these charges, the ability to mount a fair defense becomes exponentially harder the longer the delay. This provision means that the threat of prosecution for these specific crimes never truly goes away, leaving individuals perpetually exposed to charges based on increasingly fragile evidence.

Who Benefits, and Who Pays the Price?

Federal law enforcement and prosecutors gain significant power here, as they can now pursue justice in cold cases indefinitely, which is a clear win for victims’ families seeking finality. However, the cost is borne by anyone who could potentially be charged under these federal statutes. The longer the time between the alleged crime and the charge, the greater the risk of a wrongful conviction based on unreliable memories or degraded physical evidence. This bill essentially trades the legal finality that statutes of limitations provide for the possibility of perpetual accountability in specific homicide cases, raising the stakes significantly for anyone who might fall under the scope of these federal laws.