HB0286In Committee

Amends TCA Title 40, Chapter 2, Part 1.

Under present law, the statute of limitations for prosecution of the offenses aggravated rape, rape, rape of a child, and aggravated rape of a child depends on the date that the offense was committed. Presently, prosecution for aggravated rape, rape, rape of a child, and aggravated rape of a child may occur any time after the commission of the offense if:<br /> <br /> (1) The victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and<br /> (2) The offense is committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because a prior applicable time limitation expired prior to July 1, 2014. <br /> <br /> A person may be prosecuted for aggravated rape, rape, or rape of a child, committed against a child on or after June 20, 2006, but prior to July 1, 2014, up to 25 years from the date the child becomes 18 years of age. A person may be prosecuted for aggravated rape of a child, committed on or after July 1, 2007, but prior to July 1, 2014, up to 25 years from the date the child becomes 18 years of age.<br /> <br /> This bill revises the reporting requirement described in (1) to allow prosecution for aggravated rape, rape, rape of a child, and aggravated rape of a child that is committed prior to July 1, 2019, to occur at any time, if a prior applicable time limitation has not expired and if the victim, or the parent of a minor victim, reported the offense to law enforcement or the district attorney's office within three years of the date of the offense. If a report was not made within three years and the victim was a child, the statute of limitations is 25 years from the date the child becomes 18 years of age.<br /> <br /> Under this bill, a person may be prosecuted, tried, and punished at any time after the commission of aggravated rape, rape, rape of a child, aggravated rape of a child, trafficking for a commercial sex act, aggravated sexual battery, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor, statutory rape by an authority figure, or soliciting sexual exploitation of minor - exploitation of a minor by electronic means if the offense was:<br /> <br /> (1) Committed on or after July 1, 2019; <br /> (2) Classified as either a Class A or B felony; and<br /> (3) Committed against a child less than 18 years of age.<br /> <br />

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Overview

Under present law, the statute of limitations for prosecution of the offenses aggravated rape, rape, rape of a child, and aggravated rape of a child depends on the date that the offense was committed. Presently, prosecution for aggravated rape, rape, rape of a child, and aggravated rape of a child may occur any time after the commission of the offense if:<br /> <br /> (1) The victim notifies law enforcement or the office of the district attorney general of the offense within three years of the offense; and<br /> (2) The offense is committed on or after July 1, 2014, or prior to July 1, 2014, unless prosecution is barred because a prior applicable time limitation expired prior to July 1, 2014. <br /> <br /> A person may be prosecuted for aggravated rape, rape, or rape of a child, committed against a child on or after June 20, 2006, but prior to July 1, 2014, up to 25 years from the date the child becomes 18 years of age. A person may be prosecuted for aggravated rape of a child, committed on or after July 1, 2007, but prior to July 1, 2014, up to 25 years from the date the child becomes 18 years of age.<br /> <br /> This bill revises the reporting requirement described in (1) to allow prosecution for aggravated rape, rape, rape of a child, and aggravated rape of a child that is committed prior to July 1, 2019, to occur at any time, if a prior applicable time limitation has not expired and if the victim, or the parent of a minor victim, reported the offense to law enforcement or the district attorney's office within three years of the date of the offense. If a report was not made within three years and the victim was a child, the statute of limitations is 25 years from the date the child becomes 18 years of age.<br /> <br /> Under this bill, a person may be prosecuted, tried, and punished at any time after the commission of aggravated rape, rape, rape of a child, aggravated rape of a child, trafficking for a commercial sex act, aggravated sexual battery, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor, statutory rape by an authority figure, or soliciting sexual exploitation of minor - exploitation of a minor by electronic means if the offense was:<br /> <br /> (1) Committed on or after July 1, 2019; <br /> (2) Classified as either a Class A or B felony; and<br /> (3) Committed against a child less than 18 years of age.<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
Statutes of Limitations and Repose

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HB0286: Amends TCA Title 40, Chapter 2, Part 1. | LegisGo