SB1115112th GA (Historical)Introduced

Amends TCA Title 39 and Title 40.

Present law established various statutes of limitations for the prosecution of felony offenses. Under present law, the applicable statute of limitations for the offense of trafficking for a commercial sex act committed against a child is no later than 15 years from the date the child becomes 18 years of age, if the offense was committed on or after July 1, 2013, but before July 1, 2019. The applicable statute of limitations for the offense if committed on or after July 1, 2019 (or before July 1, 2019, unless the prosecution is already barred under a prior version of the applicable statute of limitation) is as follows: (1) A person may be prosecuted, tried, and punished for the offense at any time after the commission of an offense if: (A) The victim was under 13 years of age at the time of the offense; or (B) The victim was at least 13 years of age but no more than 17 years of age at the time of the offense and the victim reported the offense to another person prior to the victim attaining 23 years of age; and (2)(A) Except as provided in (B), a person may be prosecuted, tried, and punished for the offense at any time after the commission of an offense if the victim was at least 13 years of age but no more than 17 years of age at the time of the offense; and the victim did not meet the reporting requirements described in (1)(B) above; (B) In order to commence prosecution for the offense under the circumstances described above in (2)(A) at a date that is more than 25 years from the date the victim becomes 18 years of age, the prosecution must offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. This bill removes the statute of limitations for the offense of trafficking for a commercial sex act committed against a child, if committed on or after July 1, 2021, so a person may be prosecuted, tried, and punished for the offense at any time after the offense is committed.

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Overview

Present law established various statutes of limitations for the prosecution of felony offenses. Under present law, the applicable statute of limitations for the offense of trafficking for a commercial sex act committed against a child is no later than 15 years from the date the child becomes 18 years of age, if the offense was committed on or after July 1, 2013, but before July 1, 2019. The applicable statute of limitations for the offense if committed on or after July 1, 2019 (or before July 1, 2019, unless the prosecution is already barred under a prior version of the applicable statute of limitation) is as follows: (1) A person may be prosecuted, tried, and punished for the offense at any time after the commission of an offense if: (A) The victim was under 13 years of age at the time of the offense; or (B) The victim was at least 13 years of age but no more than 17 years of age at the time of the offense and the victim reported the offense to another person prior to the victim attaining 23 years of age; and (2)(A) Except as provided in (B), a person may be prosecuted, tried, and punished for the offense at any time after the commission of an offense if the victim was at least 13 years of age but no more than 17 years of age at the time of the offense; and the victim did not meet the reporting requirements described in (1)(B) above; (B) In order to commence prosecution for the offense under the circumstances described above in (2)(A) at a date that is more than 25 years from the date the victim becomes 18 years of age, the prosecution must offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. This bill removes the statute of limitations for the offense of trafficking for a commercial sex act committed against a child, if committed on or after July 1, 2021, so a person may be prosecuted, tried, and punished for the offense at any time after the offense is committed.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
452143551215

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SB1115: Amends TCA Title 39 and Title 40. | LegisGo