HB0285In Committee

Amends TCA Title 40, Chapter 2, Part 1.

This bill revises certain statute of limitations applicable to certain sexual offenses.<br /> <br /> Generally under present law, the statute of limitation for prosecuting a felony offense varies depending on the classification of the offense. For example, the statute of limitations for a Class A felony is 15 years from the date of the commission of the offense. Present law provides many exceptions and extensions for the general statutes of limitations, including extended time for commencing prosecution for certain sexual offenses, especially when the victim is a child. This bill revises some of these provisions, as follows:<br /> <br /> (1) Under present law, 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 aggravated rape, rape, or rape of child no later than 25 years from the date the child becomes 18 years of age; and 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 aggravated rape of a child no later than 25 years from the date the child becomes 18 years of age. This bill removes the requirement that the offense occur "prior to July 1, 2014" in order for these extended statutes of limitations to apply, to clarify the applicability of the extended statute of limitations provisions discussed below in (2). <br /> <br /> (2) Under present law, regardless of whether the victim is a child or adult (unless the offense applies specifically to a child), the above-described statutes of limitations do not apply, and a person may be prosecuted, tried and punished for 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. This provision applies to such sexual offenses:<br /> <br /> (A) Committed on or after July 1, 2014; or<br /> (B) Committed prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out above for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> This bill specifies that the report of law enforcement or district attorney must be made by the victim or by the victim's parent or legal guardian. <br /> <br /> This bill also specifies, in the case of a child victim, that if the requirement to report within three years was not satisfied, then the applicable statute of limitations for rape, aggravated rape, rape of a child, and aggravated rape of a child will be those described above in (1).<br /> <br /> <br />

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Overview

This bill revises certain statute of limitations applicable to certain sexual offenses.<br /> <br /> Generally under present law, the statute of limitation for prosecuting a felony offense varies depending on the classification of the offense. For example, the statute of limitations for a Class A felony is 15 years from the date of the commission of the offense. Present law provides many exceptions and extensions for the general statutes of limitations, including extended time for commencing prosecution for certain sexual offenses, especially when the victim is a child. This bill revises some of these provisions, as follows:<br /> <br /> (1) Under present law, 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 aggravated rape, rape, or rape of child no later than 25 years from the date the child becomes 18 years of age; and 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 aggravated rape of a child no later than 25 years from the date the child becomes 18 years of age. This bill removes the requirement that the offense occur "prior to July 1, 2014" in order for these extended statutes of limitations to apply, to clarify the applicability of the extended statute of limitations provisions discussed below in (2). <br /> <br /> (2) Under present law, regardless of whether the victim is a child or adult (unless the offense applies specifically to a child), the above-described statutes of limitations do not apply, and a person may be prosecuted, tried and punished for 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. This provision applies to such sexual offenses:<br /> <br /> (A) Committed on or after July 1, 2014; or<br /> (B) Committed prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out above for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> This bill specifies that the report of law enforcement or district attorney must be made by the victim or by the victim's parent or legal guardian. <br /> <br /> This bill also specifies, in the case of a child victim, that if the requirement to report within three years was not satisfied, then the applicable statute of limitations for rape, aggravated rape, rape of a child, and aggravated rape of a child will be those described above in (1).<br /> <br /> <br />

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Sponsor

Coley, Jim

Details
Session

111th General Assembly

Introduced

January 29, 2019

Last Action

March 20, 2019

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

Subjects
Criminal Procedure

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