First Substitute S.B. 177

This document includes House Floor Amendments incorporated into the bill on Tue, Mar 1, 2005 at 12:02 PM by ddonat. -->

Senator Ed Mayne proposes the following substitute bill:

1 INCREASE STATUTE OF LIMITATIONS ON
2 RAPE
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ed Mayne
6
7 LONG TITLE
8 General Description:
9 This bill amends the Criminal Code statute of limitations to allow prosecution for rape
10 and other listed sexual offenses within eight years after the offense is committed under
11 specified circumstances.
12 Highlighted Provisions:
13 This bill:
14 . increases the statute of limitations for rape, object rape, forcible sodomy, forcible
15 sexual abuse, and aggravated sexual assault from four years to eight years if the
16 offense is reported to law enforcement within four years after the offense is
17 committed.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-1-302, as last amended by Chapter 61, Laws of Utah 2003
25

Text Box
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House Floor Amendments 3-1-2005 dd/sca 26

Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-1-302 is amended to read:
28 76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA
29 evidence would identify the defendant -- Commencement of prosecution.
30 (1) Except as otherwise provided, a prosecution for:
31 (a) a felony or negligent homicide shall be commenced within four years after it is
32 committed[;], except that prosecution for the offenses under Subsection (2) shall be
33 commenced H. [ :
34 (i) ] .H within eight years after the offense is committed, if within four years after its
35 commission the offense is reported to a law enforcement agency H. [ ; or
36 (ii) at a later date if DNA evidence allows prosecution to be commenced under
37 Subsection (3) ] .H ;
38 (b) a misdemeanor other than negligent homicide shall be commenced within two years
39 after it is committed; and
40 (c) any infraction shall be commenced within one year after it is committed.
41 (2) Offenses referred to in Subsection (1) are:
42 (a) rape under Section 76-5-402 ;
43 (b) object rape under Section 76-5-402.2 ;
44 (c) forcible sodomy under Subsection 76-5-403 (2);
45 (d) forcible sexual abuse under Section 76-5-404 ; and
46 (e) aggravated sexual assault under Section 76-5-405 .
47 [(2)] (3) (a) H. [ A ] Notwithstanding Subsection (1), .H prosecution for the offenses
47a listed in Subsections 76-3-203.5 (1)(c)(i)(A)
48 through (P) may be commenced at any time if the identity of the person who committed the
49 crime is unknown but DNA evidence is collected that would identify the person at a later date.
50 (b) Subsection [(2)] (3)(a) does not apply if the statute of limitations on a crime has run
51 as of May 5, 2003, and no charges have been filed.
52 [(3)] (4) If the statute of limitations would have run but for the provisions of
53 Subsection [(2)] (3) and identification of a perpetrator is made through DNA, a prosecution
54 shall be commenced within one year of the discovery of the identity of the perpetrator.
55 [(4)] (5) A prosecution is commenced upon the finding and filing of an indictment by a
56 grand jury or upon the filing of a complaint or information.