CHAPTER 966
LIMITATION OF PROSECUTIONS

Table of Contents

Sec. 54-193. Limitation of prosecution for certain offenses.
Sec. 54-193a. Limitation of prosecution for offenses involving sexual abuse of minor.
Sec. 54-193b. Limitation of prosecution for sexual assault offenses when DNA evidence available.


Sec. 54-193. Limitation of prosecution for certain offenses. (a) There shall be no limitation of time within which a person may be prosecuted for a capital felony, a class A felony or a violation of section 53a-54d or 53a-169.
(b) No person may be prosecuted for any offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed. No person may be prosecuted for any other offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, except within one year next after the offense has been committed.
(c) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.
(d) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.
(1949 Rev., S. 8871; P.A. 76-35, S. 1, 2; P.A. 77-604, S. 40, 84; P.A. 80-313, S. 53; P.A. 86-197; P.A. 00-87, S. 1, 2.)
History: P.A. 76-35 replaced reference to crimes and misdemeanors, treason, etc. with general reference to offenses, adding exceptions re capital felonies and class A felonies, deleted specific reference to imprisonment in Somers facility, substituting applicability based on imprisonment for more than one year, and specified that there is no limitation for prosecution of capital and class A felonies; P.A. 77-604 made no change; P.A. 80-313 reordered and rephrased provisions, dividing section into Subsecs; P.A. 86-197 provided that there shall be no time limitation on the prosecution of a person for a violation of Sec. 53a-54d; P.A. 00-87 amended Subsecs. (a) and (b) to provide that there shall be no time limitation on the prosecution of a person for a violation of Sec. 53a-169 and made technical changes for purposes of gender neutrality in Subsec. (c), effective May 26, 2000, and applicable to any offense committed prior to, on or after said date.
Qui tam information amendable, notwithstanding no new information for same cause could be brought. 10 C. 472. Grand juror's complaint and information of state's attorney part of same proceeding and prevents running of the statute. 49 C. 437. Statute does not run as to conspiracy until last overt act is committed. 126 C. 85. See note to chapter 926. Cited. 150 C. 229. Cited. 163 C. 230, 231. Prosecution within one year for first offender. Id., 234. Public act 76-35 which amended statute to remove the five-year limitation on prosecutions for capital or class A felonies was not applied retroactively to crimes committed while five-year limitation was in effect in absence of language clearly necessitating such construction. 189 C. 346−350, 352, 353. Cited. 197 C. 436, 438, 440, 441, 459, 460. Cited. Id., 507, 522. Protection afforded by statute may be waived; treated as an affirmative defense, not as jurisdictional. 199 C. 631−643. Prosecution for violation of Sec. 53a-54(a) (1) not barred by this section. 201 C. 435, 437−440, 443, 445, 446, 448. Cited. 204 C. 98, 102. Cited. 213 C. 388, 389. Cited. 235 C. 145, 146, 176, 181. Cited. 242 C. 409.
Cited. 28 CA 91, 95, 96. Cited. 34 CA 473, 490. Cited. 41 CA 476, 478, 481−483.
It is not necessary in criminal prosecution to prove the precise day the acts were committed. 4 CS 259. Cited. 6 CS 349; 24 CS 312. After a nolle prosequi has been entered, the statute of limitations continues to run and a prosecution may be resumed only on a new information and a new arrest. 32 CS 504. Cited. 35 CS 565−567. Issuance of arrest warrant starts prosecution and tolls statute of limitations. 38 CS 377−379. The prosecution of the defendant began with his arrest. Once prosecution has commenced within time period allowed by appropriate statute of limitations the prosecutor has broad discretion as to what crimes to charge in any particular situation. 39 CS 347, 349, 355.
Subsec. (b):
Cited. 202 C. 86−88, 90−92. Cited. Id., 93, 102. Issuance of arrest warrant is sufficient initiation of a prosecution to toll the statute of limitations if warrant served with due diligence. Id., 443, 445−448, 451, 452. Cited. 204 C. 98−103. Cited. 209 C. 52, 57. Cited. 211 C. 441, 445, 446. Cited. 228 C. 393, 395. Cited. 233 C. 403, 409, 411, 412−415.
Cited. 15 CA 222, 223, 239. Cited. 21 CA 449, 452. Cited. 26 CA 674, 679. Cited. 28 CA 91, 95, 96, 101. Cited. 41 CA 476, 478, 479, 483−486. Cited. 42 CA 790.
Subsec. (c):
Cited. 202 C. 443, 450. Cited. 233 C. 403, 413.
Cited. 35 CA 754, 761.

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Sec. 54-193a. Limitation of prosecution for offenses involving sexual abuse of minor. Notwithstanding the provisions of section 54-193, no person may be prosecuted for any offense involving sexual abuse, sexual exploitation or sexual assault of a minor except within two years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in his official capacity of the commission of the offense, whichever is earlier, provided in no event shall such period of time be less than five years after the commission of the offense.
(P.A. 90-279, S. 2 P.A. 91-406, S. 14, 29; P.A. 93-340, S. 11, 19.)
History: P.A. 91-406 inserted "after the commission of the offense" after "seven years"; P.A. 93-340 replaced "or seven years after the commission of the offense, whichever is less" with "or within five years from the date the victim notifies any police officer or state's attorney acting in his official capacity of the commission of the offense, whichever is earlier", effective July 1, 1993.
See Sec. 52-577d re statute of limitations in civil action.
Was not intended to be applied retrospectively. 228 C. 393−398, 400, 401. P.A. 93-340, Sec. 11 cited. Id. Cited. 230 C. 472, 483.
Cited. 26 CA 674, 680.

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Sec. 54-193b. Limitation of prosecution for sexual assault offenses when DNA evidence available. Notwithstanding the provisions of sections 54-193 and 54-193a, a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b not later than twenty years from the date of the commission of the offense, provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense.
(P.A. 00-80, S. 1, 3.)
History: P.A. 00-80 effective May 16, 2000, and applicable to any offense committed prior to, on or after said date.


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