Bill Text: CT HB05246 | 2018 | General Assembly | Introduced
Bill Title: An Act Eliminating The Statute Of Limitations In The Case Of Certain Sexual Assault Offenses.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-17 - File Number 530 [HB05246 Detail]
Download: Connecticut-2018-HB05246-Introduced.html
General Assembly |
Raised Bill No. 5246 | ||
February Session, 2018 |
LCO No. 1263 | ||
*01263_______JUD* | |||
Referred to Committee on JUDICIARY |
|||
Introduced by: |
|||
(JUD) |
|||
AN ACT ELIMINATING THE STATUTE OF LIMITATIONS IN THE CASE OF SEXUAL ASSAULT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):
(a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a or a violation of section 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.
(b) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) of this section, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed.
(c) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, except within one year next after the offense has been committed.
(d) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.
(e) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.
Sec. 2. Section 54-193a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):
[Notwithstanding] Except in the case of an offense that is a class A felony, a class B felony violation of section 53a-70 or 53a-70a or a violation of section 53a-70b , 53a-71, 53a-72a, 53a-72b or 53a-73a, and notwithstanding the provisions of section 54-193, as amended by this act, no person may be prosecuted for any offense [, except a class A felony,] involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.
Sec. 3. Section 54-193b of the general statutes is repealed. (Effective October 1, 2018)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018 |
54-193 |
Sec. 2 |
October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018 |
54-193a |
Sec. 3 |
October 1, 2018 |
Repealer section |
Statement of Purpose:
To allow for the prosecution of sexual assault cases without time limitations posed by statutes of limitation.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]