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STATE LEGISLATION ON STATUTE OF LIMITATIONS FOR CERTAIN SEX OFFENSES AND IDENTIFYING PERPETRATORS BY DNA PROFILESJanuary 2003 Enacted Legislation: Arizona SB 1488 (2001) Removes the statute of limitations on prosecuting any sex offense against a minor, including sexual exploitation. California A 1742 (2000) Permits prosecution of certain sex offenses within one year of the date on which the identity is established through DNA. Colorado H 1216 (2000) Allows identification of a defendant either by name or by the defendant's DNA, for purpose of bringing charges. Colorado H1344 (2001) Tolls the statute of limitations for any offense that is reported within ten years of the crime, for which genetic information is later used to determine the identity of the defendant. Connecticut H 5903 (2000) Extends certain sex crime statute of limitations to 20 years if the victim notified authorities with in 5 years of offense and the identity is established through DNA. Delaware S 329 (2000) Allows prosecution of felonies and misdemeanors 10 years after acts were committed if based on DNA. Florida Stat. Ann. §775.15 No statute of limitations for sex battery if victim reported the offense within 72 hours. Florida S 698 (2001) Tolls the statute of limitation until a victim of a sexual offense reaches age 18 when the victim is a minor, or until they report it to authorities, whichever happens first. Georgia HB 410 (2002) Removes the statute of limitations for prosecution of murder, felony murder, kidnapping, rape, certain child victim or aggravated sex crimes. Also removes the statute of limitations for armed robbery when forensic DNA evidence establishes the identity of the perpetrator and usable evidence is successfully preserved. Idaho H290 (2001) Removes the statute of limitations for rape. Illinois H 329 (2000) Extends from five to 10 years the statute of limitations for various sexual assault crimes if the victim reported the crime to law enforcement within two years of the offense. Extends to 10 years past an alleged victims' 18th birthday if the victim was under 18 and the offender is a family member. Illinois HB 5578 (2002) Eliminates the statute of limitations for prosecution of certain sexual assault crimes if a DNA profile of the offender is obtained and entered into a DNA database within 10 years of the offense for which the victim reported the crime to law enforcement within two years. Indiana S 80 (2001) Allows for prosecution of Class B and C felonies for up to one year after the identity of the offender is found using DNA evidence Kansas S 263 (2001) Extends the statute of limitations for certain sexually violent crimes to one year from the date on which the identity of the suspect is conclusively established by DNA testing. Louisiana H 11 (2001) Removes the statute of limitations for forcible rape. Michigan S 1 (2001) Allows prosecution at any time when DNA tests result in an unidentified individual and limits prosecution to 10 years when the perpetrator is identified. Minnesota H 2688 (2000) Petitions can be filed at any time if physical evidence subject to DNA analysis was collected. Nevada NRS §171.083 Removes statute of limitations for sex assault if victim reported offense to law enforcement. New Jersey N.J.S. §2C:1-6 No statute of limitations for sex assault. Oklahoma HB 2790 (2002) Changes the statute of limitations for sex offenses when DNA evidence is available, the identify of the offender is established by a DNA profile; and the victim notified law enforcement within seven years of the discovery of the crime. Requires testing of evidence be completed with three years of reopening of an investigation. Applies to these crimes retroactively. Oregon H 2663 (2001) Extends the statute of limitations for rape and sodomy crimes from 6 to 12 years, when there is DNA evidence implicating a defendant. Texas H 656 (2001) Removes the statute of limitations for sexual assault cases where investigation reveals DNA that does not match the victims or any other person whose identity is know. Adds sexual assault as an offense that has a 10-year statute of limitations. Washington SHB 2491 (2000) Allows indictments to identify defendant by DNA profile if the name is unknown. Other States that do not have a time limitation on the most serious sex offenses or have no statute of limitations for felonies or any crime: Alabama: Case law holds that statute of limitations for felony offenses does not apply to rape For more information contact Blake Harrison at blake.harrison@ncsl.org Return to DNA & Crime Page |
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