STATEMENT TO

 

[First Reprint]

SENATE, No. 452

 

with Senate Floor Amendments

(Proposed By Senator Cafiero)

 

ADOPTED: FEBRUARY 26, 1996

 

      This bill would eliminate the statute of limitations for sexual assault, allowing a prosecution to be commenced at any time. These amendments provide that the bill would be applicable to all offenses not yet barred from prosecution under the statute of limitations as of the effective date.

      Currently, the statute of limitations for sexual assault upon a person over the age of 18 is five years. If the victim is less than 18 years old, the statute of limitations expires within five years of the victim's reaching the age of 18 or within two years of the victim's discovery of the offense, whichever is later. These amendments are intended to clarify that the bill would apply not only to any defendant who commits the crime of sexual assault after the bill is enacted, but also to any defendant who previously committed the crime and who is still subject to prosecution under the time-frame of our current law's statute of limitations.