ARS 13-107(B) Interpretation
The current version of 13-107(B) is unchanged from 1993, when the crimes were committed. See 1985 Ariz. Sess. Laws, ch. 223, 1; see also Taylor, 214 Ariz. 40, P19, 148 P.3d at 89. It provides:
Except as otherwise provided in this section, prosecutions for other offenses not included in 13-107(A) must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
In Taylor v. Cruikshank, 214 Ariz. 40, 148 P.3d 84 (App. 2006), the Court already considered and rejected virtually identical arguments. Finding the language of 13-107(B) unclear, the Court examined the history and purpose of the statute, Taylor, 214 Ariz. 40, PP13-23, 148 P.3d at 87-90, concluding that, "under the version of 13-107 applicable there, the limitation period begins to run from the date the authorities knew or should have known the offense was committed." 214 Ariz. 40, P19, 148 P.3d at 89.