When Time Stops Running Temporarily

The periods of limitation provided by this Chapter do not run during any time when a criminal action against the defendant for the same conduct is pending in this Territory, even if the accusatory pleading is later set aside, the action is later dismissed, or the conviction is later reversed upon appeal or set aside as a result of a post-conviction proceeding. COMMENT: Section 10.50 is based on Model Penal Code § 1.06(6)(b). Contract former § 802. It adopts the approach recommended by the New Jersey Criminal Law Revision Commission and eliminates the need for special tolling provisions by permitting the prosecuting attorney to file a complaint (or indictment) and have a warrant issued and thereby stop the running of any period of limitations. See 2 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6, at 17 (Final Report 1971).