HB0140In Committee

Amends TCA Title 28 and Title 40.

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 removes the specification that (1) and (2) above apply to offenses committed prior to July 1, 2014, thereby extending the statute of limitations for those referenced offenses when the crime was not reported to law enforcement within three years of the occurrence.<br /> <br />

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Overview

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 removes the specification that (1) and (2) above apply to offenses committed prior to July 1, 2014, thereby extending the statute of limitations for those referenced offenses when the crime was not reported to law enforcement within three years of the occurrence.<br /> <br />

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Sponsor

Powell, Jason

Details
Session

111th General Assembly

Introduced

January 25, 2019

Last Action

April 3, 2019

Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary

Subjects
Criminal Procedure

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