Connecticut Seal

General Assembly

 

Raised Bill No. 5592

February Session, 2014

 

LCO No. 2978

 

*02978_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE TIME LIMITATION FOR PROSECUTING A MOTOR VEHICLE VIOLATION THAT RESULTS IN DEATH OR SERIOUS PHYSICAL INJURY TO ANOTHER PERSON.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, 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) Notwithstanding the provisions of subsections (b) and (c) of this section, there shall be no limitation of time within which a person may be prosecuted in the case of a motor vehicle violation that caused the death or serious physical injury, as defined in section 53a-3, of another person during any period the person's identity is unknown to the peace officer or prosecutorial official in charge of such case as a result of such person evading responsibility for the violation.

[(e)] (f) 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.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

54-193

Statement of Purpose:

To toll the statute of limitation on the prosecution of a motor vehicle violation that caused the death or serious physical injury of another person if the offender evaded responsibility for the violation and the offender's identity is therefore unknown.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]