Connecticut Seal

General Assembly

File No. 511

    February Session, 2018

Senate Bill No. 238

Senate, April 16, 2018

The Committee on Judiciary reported through SEN. DOYLE of the 9th Dist. and SEN. KISSEL of the 7th Dist., Chairpersons of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING THE EXTENSION OF THE STATUTE OF LIMITATIONS FOR THE PROSECUTION OF SEXUAL ASSAULT.

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 Section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

(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, (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, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

(b) No person may be prosecuted for a class B felony violation of section 53a-70 or 53a-70a or a violation of section 53a-70b, 53a-71, 53a-72a or 53a-72b for which the punishment is or may be imprisonment in excess of one year, except within ten years next after the offense has been committed.

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

[(d)] (e) 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)] (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.

Sec. 2. Subsection (c) of section 12-660 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) Notwithstanding the provisions of subsection [(b)] (c) of section 54-193, as amended by this act, a person may be prosecuted for a violation of any provision of this chapter more than five years after such violation.

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

Section 1

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193

Sec. 2

October 1, 2018

12-660(c)

JUD

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 19 $

FY 20 $

Correction, Dept.; Judicial Dept. (Probation)

GF - Potential Cost

Potential

Potential

Resources of the General Fund

GF - Potential Revenue Gain

Potential

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill extends the statute of limitations for certain sexual assault crimes from five years to 10 years. To the extent that this change results in more offenders being prosecuted and convicted, this bill results in a potential cost for incarceration or probation supervision in the community. On average, the marginal cost to the state for incarcerating an offender for the year is $1,9001 while the average marginal cost for supervision in the community is less than $7002 each year.

In FY 17, there were 812 charges for the offenses listed, with 368 receiving a guilty charge or plea bargain. As of January 2018, there are approximately 704 persons incarcerated for the offenses listed and approximately 522 on probation.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the number of offenders.

OLR Bill Analysis

SB 238

AN ACT CONCERNING THE EXTENSION OF THE STATUTE OF LIMITATIONS FOR THE PROSECUTION OF SEXUAL ASSAULT.

SUMMARY

This bill extends the criminal statute of limitations for certain sexual assault crimes from five years to 10 years. The bill applies to the following crimes:

Under existing law, unchanged by the bill:

The bill also makes a conforming change ( 2).

EFFECTIVE DATE: October 1, 2018, and the bill applies to (1) offenses committed on or after the date and (2) offenses committed before then if the statute of limitations in effect when the offense was committed had not expired as of October 1, 2018.

BACKGROUND

Cases Involving DNA Evidence

By law, there is no statute of limitations for any of the sexual assault crimes covered by the bill if (1) the victim reports the crime to the police or a prosecutor within five years of the date it is committed and (2) the alleged offender's identity is established through DNA using evidence collected at the time of the offense (CGS 54-193b).

Cases Involving Sexual Assault of a Minor

By law, as with cases involving adult victims, there is no statute of limitations for sexual assault of a minor if (1) the crime is a class A felony or (2) there is DNA evidence for specified crimes as described above.

Otherwise, the statute of limitations for sexual assault of a minor is up to (1) the victim's 48th birthday or (2) five years from the date the victim notifies the police or a prosecutor of the crime, whichever is earlier. In cases of 2nd degree sexual assault where the victim is 13 to 15 years old and the offender is more than three years older, the victim must have notified the police or a prosecutor of the crime within five years after it was committed (CGS 54-193a).

Related Bills

The Judiciary Committee favorably reported three other bills on this topic.

SB 237 creates a task force to study the statute of limitations for the prosecution of sexual assault crimes.

sSB 132 ( 15-17) and sHB 5246 both eliminate the statute of limitations for (1) the crimes affected by this bill; (2) 4th degree sexual assault cases that are class D felonies; and (3) any other crimes involving sexual abuse or exploitation of a minor. Both bills also extend to 10 years the statute of limitations for 4th degree sexual assault cases that are class A misdemeanors.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

40

Nay

1

(04/03/2018)

TOP

1 Inmate marginal cost is based on increased consumables (e.g. food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

2 Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant. This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.