ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1253

with committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 5, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1253.

      Currently, the statute of limitations for the crime of sexual assault generally is five years. When the victim at the time of the offense is below the age of 18 years the action must be commenced within five years of the victim attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later.

       In its original form, this bill would have eliminated these limitations, allowing a prosecution for sexual assault to be commenced at any time. The committee amended the bill to restore the five year statute of limitations for sexual assaults but added a new paragraph (5) to provide that if the identity of the alleged offender was unknown to the victim, the prosecution must be commenced within five years after it is committed or within two years of the discovery of the identity of the offender , whichever is later. This amendment would permit prosecution in circumstances where the identity of an offender which was unknown to the victim was discovered after five years. Scientific advances, such as DNA samples and an automated fingerprint identification system, may make reliable identification possible long after the crime has been committed.

            This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.