Judiciary Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Governor M. Jodi Rell

REASONS FOR BILL:

To implement the Governor's budget recommendations.

RESPONSE FROM ADMINISTRATION/AGENCY:

Commissioner Leonard C. Boyle, Department of Public Safety-The Department of Public Safety supports this bill.

This proposal would eliminate the statute of limitations for sexual assault offenses when DNA evidence has been collected at the time of commission of the offense. The statutes currently provide a statute of limitation of 20 years in certain specific circumstances.

This bill would keep in place all of the qualifying language of the statute and eliminate the statute of limitations entirely. There is no public policy reason for preventing prosecution when DNA evidence can prove the crime. A number of other states have passed legislation eliminating the statute of limitations in sexual assault cases with DNA identification.

The DNA databank at the state laboratory currently has 6 “hits” (samples that have been positively identified as identical to DNA collected at time of commission of crime) in sexual assaults where the cases cannot be prosecuted because the statute of limitations has run. These numbers will only increase as time goes by, and the number of felons having their DNA samples entered into the data bank increases. A DNA sample is taken of convicted felons being released from Connecticut Correctional Facilities. If those samples match an unsolved sexual assault that occurred over 20 yeas ago, they cannot be prosecuted.

Currently an unknown offender in New Haven has been tied to 13 other sexual assaults in Virginia and Maryland based on DNA evidence. If this serial rapist is caught in another state and the 20 year statute of limitations on the New Haven case has run, he will be unpunished for that crime, when the best possible evidence to prove his guilt remains available.

Connecticut has no statute of limitations for capitol felonies or Class A felonies. There remains in place, however, a statute of limitation even for aggravated sexual assault on a person over 16, which is a B felony.

There is no time limit on DNA evidence and new technology and improvements in DNA methods continue to increase the ability of law enforcement to identify potential linkage to other crimes.

Victim Advocate James Papillo, Office of Victim Advocate-This bill will allow prosecutors to pursue the prosecution of an individual that has seemingly escaped accountability for serious sexual assault offenses where such crimes were reported to law enforcement officials in a timely manner and where the identity of the perpetrator can be established through DNA evidence collected at the time of the offense. As the recent wrongful conviction matter involving James Tillman clearly demonstrates, DNA evidence and the availability of sophisticated DNA testing techniques allow criminal justice professionals to effectively solve crimes that may otherwise remain unsolved. In the interest of attaining justice for victims of sexual assault, I strongly urge the Committee to support this bill.

Atty. Deborah Del Prete Sullivan, Office of Chief Public Defender– The proposed bill would eliminate the state of limitations for the offense of sexual assault in the first degree, class B or A felony; aggravated sexual assault in the first degree, class B or A felony; sexual assault in spousal or cohabiting relationship, class B felony; sexual assault in the second degree, class C or B felony; sexual assault in the second degree, class C or B felony; sexual assault in the third degree, class D or C felony; and sexual assault in the third degree with a firearm, class C or B felony.

The Office of Chief Public Defender is concerned that without a limitation period, evidence may be unable to be located, destroyed or may deteriorate. In addition, memories of witnesses fade and sometimes no longer exist. It may be difficult or impossible to locate witnesses who may have moved or have passed on. Without any finite period of time within which a prosecution can be brought, it may be impossible of an innocent person to fairly defend himself 30, 40, 50 or more years beyond the date of the offense.

Limitation of prosecution for offenses involving the sexual abuse of minor, provides for a statute of limitations of thirty years from a date the victim attains the age of majority or within five years of the victim notifying a police officer or state's attorney of the offense. The only criminal offenses which have no statute of limitations are capital felonies; class A felonies or violations of arson, murder and escape in the first degree.

In addition, even if this proposal were to be approved by the legislature, this office would urge the Committee to limit it prospectively and not make it retroactive. In 2003 the United States Supreme Court concluded that “a law enacted after expiration of its previously applicable limitations period violates the ex post facto clause when it is applied to revive a previously time-barred prosecution.” There is a “predominating constitutional interest in forbidding the state to revive a long-forbidden prosecution. And to hold that such a law is ex post facto does not prevent the state from extending time limits for the prosecution of future offenses, or for prosecutions not yet time barred.”

In order to provide for the rights of the defendant to notice, due process and a fair trial, the statute of limitations should not be extended beyond the already lengthy time period.

Dr. Michael Burke, CODIS State Administrator, Forensics Laboratory, Department of Public Safety – We have identified six sexual assault cases in which the state's prosecuting attorneys have been unable to prosecute the crime because the statute of limitations had expired at the time the database match was generated.

The samples protected in the database are protected by fairly significant criminal penalties. Once the sample is entered into the database, it is associated with a unique identifier generated by the laboratory. All of the identifying information that is submitted to the laboratory is stored in file cabinets and other files in a portion of the laboratory that is limited access only to the senior staff and members of the DNA database unit.

NATURE AND SOURCES OF SUPPORT:

“Jane Doe”, 1993 Victim – On September 11, 1993 a masked predator entered my home and, at knife-point, sexually assaulted me.

John Regan of Waterbury attempted to sexually assault a 21-year-old co-worker last July. At the time of his arrest, he voluntarily gave a DNA sample and it turned out to be a perfect match. On October 22^nd, 2004 he was arrested, however, he was unable to be charged for the crime he committed due to the statute of limitations for sexual assault, which was 5 years at the time. He was only able to be charged with kidnapping in my case. This weakened our case from a trial stand point and his high-powered attorney's could argue that in a kidnapping charge you must prove movement and I never made it off the bed.

As many of you are probably aware, John Regan is now a central figure in a national investigation on many cold cases involving sexual assault and homicide. None of this would have come about had it not been for the DNA evidence, the help of Dr. Henry Lee and the excellent police work done by Waterbury Chief of Police, Neil O'Leary, and his team. John Regan is behind bars today and the world is a safer place.

Regan should be charged with the crime he committed in my case, which is first-degree sexual assault. There is DNA evidence and he was armed with a gun and a knife. He is dangerous and calculating, and it has been proven that he is a repeat offender. I fear for my life when he gets out and believe he will attack other innocent victims. I will do all I can to insure that the laws are changed to reflect justice and protect the innocent.

I also strongly believe that this bill should be retroactive and I am willing to do all that I can to make this happen.

NATURE AND SOURCES OF OPPOSITION:

Nothing Submitted