Amends TCA Title 39 and Title 40, Chapter 2.
Present law provides various statutes of limitations within which prosecutions for certain offenses have to commence, some of which vary depending on the date when the offense was committed. Present law provides, among other things, the following:<br /> <br /> (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, but prior to July 1, 2014, that constitutes the criminal offense of aggravated rape, rape, or rape of a child no later than 25 years from the date the child becomes 18 years of age; and<br /> (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, but prior to July 1, 2014, that constitutes the criminal offense of aggravated rape of a child no later than 25 years from the date the child becomes 18 years of age; and<br /> (3) There is no statute of limitations, and accordingly a person may be prosecuted, tried and punished for an act that constitutes the offense of aggravated rape, rape, rape of a child, or aggravated rape of a child at any time after the commission of the offense if: the victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and the offense is committed on or after July 1, 2014; or prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> This bill revises the provisions described above in (3) and instead provides the following: <br /> <br /> (1) A person may be prosecuted, tried, and punished at any time after the commission of an offense if:<br /> (A) The offense was: aggravated rape or rape;<br /> (B) The victim was 18 years of age or older at the time of the offense;<br /> (C) The victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and<br /> (D) The offense is committed: on or after July 1, 2014, or prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014; and<br /> (2) A person may be prosecuted, tried, and punished at any time after the commission of an offense if:<br /> (A) The offense trafficking for a commercial sex act, aggravated rape, rape, aggravated sexual battery, patronizing prostitution when the offense is classified as a Class A or B felony, promotion of prostitution when the offense is classified as a Class A or B felony, continuous sexual abuse of a child when the offense is classified as a Class A or B felony, rape of a child, soliciting sexual exploitation of a minor or exploitation of a minor by electronic means when the offense is classified as a Class A or B felony, aggravated rape of a child, statutory rape by an authority figure, sexual exploitation of a minor when the offense is classified as a Class B felony, aggravated sexual exploitation of a minor when the offense is classified as a Class B felony, or especially aggravated sexual exploitation of a minor, as prohibited by ? 39-17-1005;<br /> (B) The victim was a minor at the time of the offense; and<br /> (C) The offense is committed on or after July 1, 2019, or prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out for prosecution of the offense expired prior to July 1, 2019.<br /> <br />
Present law provides various statutes of limitations within which prosecutions for certain offenses have to commence, some of which vary depending on the date when the offense was committed. Present law provides, among other things, the following:<br /> <br /> (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, but prior to July 1, 2014, that constitutes the criminal offense of aggravated rape, rape, or rape of a child no later than 25 years from the date the child becomes 18 years of age; and<br /> (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, but prior to July 1, 2014, that constitutes the criminal offense of aggravated rape of a child no later than 25 years from the date the child becomes 18 years of age; and<br /> (3) There is no statute of limitations, and accordingly a person may be prosecuted, tried and punished for an act that constitutes the offense of aggravated rape, rape, rape of a child, or aggravated rape of a child at any time after the commission of the offense if: the victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and the offense is committed on or after July 1, 2014; or prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> This bill revises the provisions described above in (3) and instead provides the following: <br /> <br /> (1) A person may be prosecuted, tried, and punished at any time after the commission of an offense if:<br /> (A) The offense was: aggravated rape or rape;<br /> (B) The victim was 18 years of age or older at the time of the offense;<br /> (C) The victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and<br /> (D) The offense is committed: on or after July 1, 2014, or prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014; and<br /> (2) A person may be prosecuted, tried, and punished at any time after the commission of an offense if:<br /> (A) The offense trafficking for a commercial sex act, aggravated rape, rape, aggravated sexual battery, patronizing prostitution when the offense is classified as a Class A or B felony, promotion of prostitution when the offense is classified as a Class A or B felony, continuous sexual abuse of a child when the offense is classified as a Class A or B felony, rape of a child, soliciting sexual exploitation of a minor or exploitation of a minor by electronic means when the offense is classified as a Class A or B felony, aggravated rape of a child, statutory rape by an authority figure, sexual exploitation of a minor when the offense is classified as a Class B felony, aggravated sexual exploitation of a minor when the offense is classified as a Class B felony, or especially aggravated sexual exploitation of a minor, as prohibited by ? 39-17-1005;<br /> (B) The victim was a minor at the time of the offense; and<br /> (C) The offense is committed on or after July 1, 2019, or prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out for prosecution of the offense expired prior to July 1, 2019.<br /> <br />
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