Amends TCA Title 28; Title 37 and Title 40.
This bill makes various changes to present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> Under present law, a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor, but was not discovered at the time of the abuse, must be brought within three years from the time of discovery of the abuse by the injured person. In no event may such an action be brought against the alleged perpetrator of the child sexual abuse or against the alleged perpetrator's estate later than seven years from the date the child becomes 18 years of age. If the action is brought more than one year from the date the injured person becomes 18 years of age, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> This bill changes the statute of limitations for such actions when the child sexual abuse occurs on or after July 1, 2019, to the latter of:<br /> <br /> (1) Thirty years from the date the person becomes 18 years of age; or<br /> (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.<br /> <br /> This bill removes the present law requirement for corroborating evidence when an action is brought more than one year from the date the injured person becomes 18 years of age.<br /> <br /> FAILURE TO COMPLY WITH DUTY TO REPORT CHILD ABUSE<br /> <br /> Present law requires any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition to report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect. Any person who knowingly fails to make a required child abuse report commits a Class A misdemeanor. A person who pleads not guilty to a charge of knowingly failing to make a required child abuse report must be bound over to the grand jury. A person who pleads guilty to a charge of knowingly failing to make a required child abuse report may be sentenced only by a fine not to exceed $2,500.<br /> <br /> This bill makes any second or subsequent violation of knowingly failing to make a required child abuse report a Class E felony. This bill makes any intentional failure to make a required child abuse report a Class E felony. Under this bill, the fine only punishment for a guilty plea will only apply to first offenses.<br /> <br /> FAILURE TO COMPLY WITH DUTY TO REPORT CHILD SEXUAL ABUSE<br /> <br /> Present law requires any person who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department of children's services. Any person who knowingly fails to make a required child sexual abuse report commits a Class A misdemeanor. <br /> <br /> This bill makes any second or subsequent violation of knowingly failing to make a required child sexual abuse report a Class E felony. This bill makes any intentional failure to make a required child sexual abuse report a Class E felony. <br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> Generally, under present law, a person may be prosecuted for rape of a child or aggravated rape of a child at 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 for the offense is barred because a prior applicable time limitation for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> Present law establishes various statutes of limitations for other sexual offenses committed against children.<br /> <br /> This bill authorizes prosecution of the following offenses at any time after the commission of the offense if the victim was a minor at the time of the offense and the offense was committed on or after July 1, 2019, or prior to July 1, 2019, unless prosecution for the offense is barred because a prior applicable time limitation for prosecution of the offense expired prior to July 1, 2019:<br /> <br /> (1) Trafficking for a commercial sex act;<br /> (2) Aggravated rape;<br /> (3) Rape; <br /> (4) Aggravated sexual battery;<br /> (5) Sexual battery;<br /> (6) Mitigated statutory rape;<br /> (7) Statutory rape;<br /> (8) Aggravated statutory rape;<br /> (9) Indecent exposure, when the offense is classified as a felony offense;<br /> (10) Patronizing prostitution;<br /> (11) Promotion of prostitution;<br /> (12) Continuous sexual abuse of a child;<br /> (13) Rape of a child;<br /> (14) Sexual battery by an authority figure;<br /> (15) Solicitation of a minor, when the offense is classified as a felony offense;<br /> (16) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means;<br /> (17) Aggravated rape of a child;<br /> (18) Statutory rape by an authority figure;<br /> (19) Unlawful photographing, when the offense is classified as a felony offense;<br /> (20) Observation without consent, when the offense is classified as a felony offense;<br /> (21) Incest;<br /> (22) Sexual exploitation of a minor;<br /> (23) Aggravated sexual exploitation of a minor; and<br /> (24) Especially aggravated sexual exploitation of a minor.<br /> <br /> ON APRIL 30, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 565, AS AMENDED.<br /> <br /> AMENDMENT #1 makes various changes to this bill and present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> This amendment changes the statute of limitations for civil actions for an injury or illness based on child sexual abuse that occurred when the injured person was a minor when the child sexual abuse occurs on or after July 1, 2019, to the latter of:<br /> <br /> (1) Fifteen years from the date the person becomes 18 years of age; or<br /> (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.<br /> <br /> This amendment adds that, if an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one year from the date the injured person becomes 18 years of age, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> Unless prosecution of the offense is barred because the applicable limitation expired prior to July 1, 2014, this amendment permits prosecution for aggravated rape, rape, rape of a child, or aggravated rape of a child at any time after commission of the offense. For prosecution to be permitted at any time of the commission of the offense, within three years of the date the offense was committed, the victim or, in the case of a minor victim, the victim's parent or legal guardian, must report the offense to a law enforcement agency or an office of the district attorney general. If the victim was a minor and the unlimited period to prosecute does not apply because the offense was not timely reported, prosecution must be commenced within 25 years of the date that the victim turns 18 years of age or, for offenses committed on or after July 1, 2019, and subject to certain evidentiary requirements in this amendment, any time after the offense was committed. If the victim was an adult and the unlimited period to prosecute does not apply because the offense was not timely reported, prosecution must be commenced within the otherwise applicable statute of limitations based on the classification of the offense.<br /> <br /> This amendment authorizes prosecution of offenses listed in the Bill Summary as (1)-(4), (12)-(18), and (21)-(24) at any time after the commission of the offense, if the offense was committed against a minor on or after July 1, 2019. In order to commence prosecution at a date that is more than 25 years from the date the victim becomes 18 years of age, this amendment required the prosecution to offer admissible and credible evidence corroborating the charges, unless an unlimited period to prosecute applies because the offense was timely reported by the victim's parent or legal guardian.<br /> <br /> ON MAY 1, 2019, THE SENATE SUBSTITUTED HOUSE BILL 565 FOR SENATE BILL 1252, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 565, AS AMENDED.<br /> <br /> AMENDMENT #2 Incorporates some of the changes described in the Summary for House Amendment #1 and makes various additional changes to this bill and present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> Under this amendment, if an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one year from the date the injured person "attains the age of majority" (instead of more than one year from the date the injured person "becomes 18 years of age") the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> This amendment removes the changes made by House Amendment #1, and restores the provisions of the introduced bill, concerning the statute of limitations for the prosecution of certain offenses.<br /> <br /> ON MAY 1, 2019, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #2.<br /> <br /> ON MAY 2, 2019, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN ADOPTING SENATE AMENDMENT #2.<br /> <br /> ON MAY 2, 2019, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 2, 2019, THE SENATE RE-REFERRED HOUSE BILL 565, AS AMENDED, TO THE HOUSE.<br /> <br /> ON MAY 2, 2019, THE HOUSE RETURNED HOUSE BILL 565 TO THE SENATE.<br /> <br /> ON MAY 2, 2019, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 2, 2019, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON MAY 2, 2019, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />
This bill makes various changes to present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> Under present law, a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor, but was not discovered at the time of the abuse, must be brought within three years from the time of discovery of the abuse by the injured person. In no event may such an action be brought against the alleged perpetrator of the child sexual abuse or against the alleged perpetrator's estate later than seven years from the date the child becomes 18 years of age. If the action is brought more than one year from the date the injured person becomes 18 years of age, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> This bill changes the statute of limitations for such actions when the child sexual abuse occurs on or after July 1, 2019, to the latter of:<br /> <br /> (1) Thirty years from the date the person becomes 18 years of age; or<br /> (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.<br /> <br /> This bill removes the present law requirement for corroborating evidence when an action is brought more than one year from the date the injured person becomes 18 years of age.<br /> <br /> FAILURE TO COMPLY WITH DUTY TO REPORT CHILD ABUSE<br /> <br /> Present law requires any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition to report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect. Any person who knowingly fails to make a required child abuse report commits a Class A misdemeanor. A person who pleads not guilty to a charge of knowingly failing to make a required child abuse report must be bound over to the grand jury. A person who pleads guilty to a charge of knowingly failing to make a required child abuse report may be sentenced only by a fine not to exceed $2,500.<br /> <br /> This bill makes any second or subsequent violation of knowingly failing to make a required child abuse report a Class E felony. This bill makes any intentional failure to make a required child abuse report a Class E felony. Under this bill, the fine only punishment for a guilty plea will only apply to first offenses.<br /> <br /> FAILURE TO COMPLY WITH DUTY TO REPORT CHILD SEXUAL ABUSE<br /> <br /> Present law requires any person who knows or has reasonable cause to suspect that a child has been sexually abused shall report such knowledge or suspicion to the department of children's services. Any person who knowingly fails to make a required child sexual abuse report commits a Class A misdemeanor. <br /> <br /> This bill makes any second or subsequent violation of knowingly failing to make a required child sexual abuse report a Class E felony. This bill makes any intentional failure to make a required child sexual abuse report a Class E felony. <br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> Generally, under present law, a person may be prosecuted for rape of a child or aggravated rape of a child at 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 for the offense is barred because a prior applicable time limitation for prosecution of the offense expired prior to July 1, 2014.<br /> <br /> Present law establishes various statutes of limitations for other sexual offenses committed against children.<br /> <br /> This bill authorizes prosecution of the following offenses at any time after the commission of the offense if the victim was a minor at the time of the offense and the offense was committed on or after July 1, 2019, or prior to July 1, 2019, unless prosecution for the offense is barred because a prior applicable time limitation for prosecution of the offense expired prior to July 1, 2019:<br /> <br /> (1) Trafficking for a commercial sex act;<br /> (2) Aggravated rape;<br /> (3) Rape; <br /> (4) Aggravated sexual battery;<br /> (5) Sexual battery;<br /> (6) Mitigated statutory rape;<br /> (7) Statutory rape;<br /> (8) Aggravated statutory rape;<br /> (9) Indecent exposure, when the offense is classified as a felony offense;<br /> (10) Patronizing prostitution;<br /> (11) Promotion of prostitution;<br /> (12) Continuous sexual abuse of a child;<br /> (13) Rape of a child;<br /> (14) Sexual battery by an authority figure;<br /> (15) Solicitation of a minor, when the offense is classified as a felony offense;<br /> (16) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means;<br /> (17) Aggravated rape of a child;<br /> (18) Statutory rape by an authority figure;<br /> (19) Unlawful photographing, when the offense is classified as a felony offense;<br /> (20) Observation without consent, when the offense is classified as a felony offense;<br /> (21) Incest;<br /> (22) Sexual exploitation of a minor;<br /> (23) Aggravated sexual exploitation of a minor; and<br /> (24) Especially aggravated sexual exploitation of a minor.<br /> <br /> ON APRIL 30, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 565, AS AMENDED.<br /> <br /> AMENDMENT #1 makes various changes to this bill and present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> This amendment changes the statute of limitations for civil actions for an injury or illness based on child sexual abuse that occurred when the injured person was a minor when the child sexual abuse occurs on or after July 1, 2019, to the latter of:<br /> <br /> (1) Fifteen years from the date the person becomes 18 years of age; or<br /> (2) If the injury or illness was not discovered at the time of the abuse, within three years from the time of discovery of the abuse by the injured person.<br /> <br /> This amendment adds that, if an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one year from the date the injured person becomes 18 years of age, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> Unless prosecution of the offense is barred because the applicable limitation expired prior to July 1, 2014, this amendment permits prosecution for aggravated rape, rape, rape of a child, or aggravated rape of a child at any time after commission of the offense. For prosecution to be permitted at any time of the commission of the offense, within three years of the date the offense was committed, the victim or, in the case of a minor victim, the victim's parent or legal guardian, must report the offense to a law enforcement agency or an office of the district attorney general. If the victim was a minor and the unlimited period to prosecute does not apply because the offense was not timely reported, prosecution must be commenced within 25 years of the date that the victim turns 18 years of age or, for offenses committed on or after July 1, 2019, and subject to certain evidentiary requirements in this amendment, any time after the offense was committed. If the victim was an adult and the unlimited period to prosecute does not apply because the offense was not timely reported, prosecution must be commenced within the otherwise applicable statute of limitations based on the classification of the offense.<br /> <br /> This amendment authorizes prosecution of offenses listed in the Bill Summary as (1)-(4), (12)-(18), and (21)-(24) at any time after the commission of the offense, if the offense was committed against a minor on or after July 1, 2019. In order to commence prosecution at a date that is more than 25 years from the date the victim becomes 18 years of age, this amendment required the prosecution to offer admissible and credible evidence corroborating the charges, unless an unlimited period to prosecute applies because the offense was timely reported by the victim's parent or legal guardian.<br /> <br /> ON MAY 1, 2019, THE SENATE SUBSTITUTED HOUSE BILL 565 FOR SENATE BILL 1252, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 565, AS AMENDED.<br /> <br /> AMENDMENT #2 Incorporates some of the changes described in the Summary for House Amendment #1 and makes various additional changes to this bill and present law concerning criminal offenses committed against minors.<br /> <br /> STATUTE OF LIMITATIONS FOR CIVIL ACTIONS BASED ON CHILD SEXUAL ABUSE<br /> <br /> Under this amendment, if an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one year from the date the injured person "attains the age of majority" (instead of more than one year from the date the injured person "becomes 18 years of age") the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.<br /> <br /> STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN OFFENSES<br /> <br /> This amendment removes the changes made by House Amendment #1, and restores the provisions of the introduced bill, concerning the statute of limitations for the prosecution of certain offenses.<br /> <br /> ON MAY 1, 2019, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #2.<br /> <br /> ON MAY 2, 2019, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN ADOPTING SENATE AMENDMENT #2.<br /> <br /> ON MAY 2, 2019, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 2, 2019, THE SENATE RE-REFERRED HOUSE BILL 565, AS AMENDED, TO THE HOUSE.<br /> <br /> ON MAY 2, 2019, THE HOUSE RETURNED HOUSE BILL 565 TO THE SENATE.<br /> <br /> ON MAY 2, 2019, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 2, 2019, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON MAY 2, 2019, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />
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