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First Substitute H.B. 189
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8 LONG TITLE
9 General Description:
10 This bill removes the statutes of limitations for prosecution of all first degree felony sex
11 offenses.
12 Highlighted Provisions:
13 This bill:
14 . provides that prosecution of a person for any first degree felony sex offense may be
15 commenced at any time.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-1-301, as last amended by Chapter 208, Laws of Utah 2002
23 76-1-302, as last amended by Chapters 59 and 270, Laws of Utah 2005
24 REPEALS:
25 76-1-303.5, as last amended by Chapter 137, Laws of Utah 1996
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-1-301 is amended to read:
29 76-1-301. Offenses for which prosecution may be commenced at any time.
30 [
31 offenses may be commenced at any time:
32 (1) capital felony[
33 (2) aggravated murder[
34 (3) murder[
35 (4) manslaughter[
36 (5) child abuse homicide which is a second degree felony[
37 (6) aggravated kidnapping[
38 (7) child kidnapping [
39 (8) rape;
40 (9) rape of a child;
41 (10) object rape;
42 (11) object rape of a child;
43 (12) forcible sodomy;
44 (13) sexual abuse of a child;
45 (14) aggravated sexual abuse of a child; or
46 (15) aggravated sexual assault.
47 Section 2. Section 76-1-302 is amended to read:
48 76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA
49 evidence would identify the defendant -- Commencement of prosecution.
50 (1) Except as otherwise provided, a prosecution for:
51 (a) a felony or negligent homicide shall be commenced within four years after it is
52 committed, except that prosecution for [
53 abuse shall be commenced within eight years after the offense is committed, if within four
54 years after its commission the offense is reported to a law enforcement agency;
55 (b) a misdemeanor other than negligent homicide shall be commenced within two years
56 after it is committed; and
57 (c) any infraction shall be commenced within one year after it is committed.
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65 Subsections 76-3-203.5 (1)(c)(i)(A) through (AA) may be commenced at any time if the identity
66 of the person who committed the crime is unknown but DNA evidence is collected that would
67 identify the person at a later date.
68 (b) Subsection [
69 as of May 5, 2003, and no charges have been filed.
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71 Subsection [
72 shall be commenced within one year of the discovery of the identity of the perpetrator.
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74 grand jury or upon the filing of a complaint or information.
75 Section 3. Repealer.
76 This bill repeals:
77 Section 76-1-303.5, Sexual offense against a child.
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