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 (1) a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, or (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted.

      (b) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) of this section, 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.

      (c) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, except within one year next after the offense has been committed.

      (d) 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.

      (e) 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; P.A. 10-180, S. 6.)

      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; P.A. 10-180 amended Subsec. (a) to designate existing offenses for which there is no time limitation as Subdiv. (1), add Subdiv. (2) re violation of Sec. 53a-165aa or 53a-166 and add Subdiv. (3) re violation of Sec. 53a-156, amended Subsec. (b) to replace "except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169" with "other than an offense set forth in subsection (a) of this section", designated existing provision re offenses subject to one-year time limitation as Subsec. (c) and amended same to replace "any other offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169" with "any offense, other than an offense set forth in subsection (a) or (b) of this section" and redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), effective June 8, 2010, and applicable to any offense committed on or after that date and to any offense committed prior to that date for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of that 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. 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. Cited. 197 C. 436; Id., 507. Protection afforded by statute may be waived; treated as an affirmative defense, not as jurisdictional. 199 C. 631. Prosecution for violation of Sec. 53a-54(a)(1) not barred by this section. 201 C. 435. Cited. 204 C. 98. Cited. 213 C. 388. Cited. 235 C. 145. Cited. 242 C. 409. Amendment to statute of limitations applies retroactively to crimes committed before its effective date but for which the preamendment limitation period had not yet expired. 276 C. 633.

      Cited. 28 CA 91. Cited. 34 CA 473. Cited. 41 CA 476.

      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. Issuance of arrest warrant starts prosecution and tolls statute of limitations. 38 CS 377. 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.

      Subsec. (b):

      Cited. 202 C. 86; Id., 93. Issuance of arrest warrant is sufficient initiation of a prosecution to toll the statute of limitations if warrant served with due diligence. Id., 443. Cited. 209 C. 52. Cited. 211 C. 441. Cited. 228 C. 393. Cited. 233 C. 403. Although the case against defendant under Sec. 20-427 was initially dismissed based on statute of limitations, state's successful appeal on the statute of limitations calculation and subsequent trial did not constitute unlawful double jeopardy. 250 C. 1.

      Cited. 15 CA 222. Cited. 21 CA 449. Cited. 26 CA 674. Cited. 42 CA 790. Pursuant to subsection, charged violations of Sec. 14-227a were subject to a one-year limitations period because they were not punishable by a term of imprisonment of more than one year. 61 CA 90. Trial court did not improperly deny defendant's motion to dismiss counts of information on grounds that statute of limitations precluded prosecution of counts where court found no evidence that defendant raised statute of limitations as an affirmative defense at trial. Id.

      Subsec. (c):

      Cited. 202 C. 443. Cited. 233 C. 403.

      Cited. 35 CA 754.


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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, except a class A felony, involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty 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 such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later 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; P.A. 02-138, S. 1.)

      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; P.A. 02-138 added exception re class A felony, extended time limitation on possible prosecution from within 2 to within 30 years from the date the victim attains the age of majority, deleted proviso that required the time period to be in no event less than 5 years after the commission of the offense, added proviso that required the victim to have notified the police officer or state's attorney not later than 5 years after the commission of the offense if the prosecution is for a violation of Sec. 53a-71(a)(1) and made a technical change for purposes of gender neutrality, effective May 23, 2002, and applicable to any offense committed on or after said date.

      See Sec. 52-577d re statute of limitations in civil action.

      Was not intended to be applied retrospectively. 228 C. 393. P.A. 93-340, Sec. 11 cited. Id. Cited. 230 C. 472. Defendant's prosecution for first degree sexual assault with respect to his minor foster son was not time barred; statutory limitations period for beginning prosecutions "within five years from the date the victim notifies any police officer or state's attorney ... of the commission of the offense" was triggered when victim told police of defendant's actions during an interview, not when Department of Children and Families faxed police notification of suspected abuse based on statements that victim had made to department employee. 280 C. 551. No persuasive evidence that legislature intended to limit section to crimes of which an express element is sexual abuse, sexual exploitation or sexual assault. Id.

      Cited. 26 CA 674.


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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, there shall be no limitation of time within which a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, 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; June Sp. Sess. P.A. 07-4, S. 89.)

      History: P.A. 00-80 effective May 16, 2000, and applicable to any offense committed prior to, on or after said date; June Sp. Sess. P.A. 07-4 deleted former limitation of time within which a person may be prosecuted for specified offenses of "not later than twenty years from the date of the commission of the offense" and provided that "there shall be no limitation of time" within which a person may be so prosecuted, effective July 1, 2007.

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