Bill Text: NJ S1659 | 2012-2013 | Regular Session | Introduced
Bill Title: Eliminates statute of limitations for prosecutions for criminal sexual contact and aggravated criminal sexual contact.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-16 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1659 Detail]
Download: New_Jersey-2012-S1659-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Eliminates statute of limitations for prosecutions for criminal sexual contact and aggravated criminal sexual contact.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the statute of limitations for certain sex crimes and amending N.J.S.2C:1-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:1-6 is amended to read as follows:
2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2, N.J.S.2C:14-3 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.
(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.
b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:
(1) A prosecution for a crime must be commenced within five years after it is committed;
(2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;
(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;
(4) A prosecution for an offense set forth in [N.J.S.2C:14-3 or] N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;
(5) (Deleted by amendment, P.L.2007, c.131).
c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.
d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.
e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.
f. The limitations in this section shall not apply to any person fleeing from justice.
g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.
(cf: P.L.2007, c.131)
2. This act shall take effect immediately and shall be applicable to all offenses not yet barred from prosecution under the statute of limitations as of the effective date.
STATEMENT
This bill would eliminate the statute of limitations for the prosecution of certain sex crimes. P.L.1996, c.22 eliminated the statute of limitations for prosecutions for aggravated sexual assault and sexual assault set out in N.J.S.2C:14-2, allowing prosecution for these crimes to be commenced at any time. Aggravated sexual assault is a crime of the first degree, punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both; sexual assault is a crime of the second degree, punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both.
Under current law, prosecutions for aggravated criminal sexual contact and sexual contact, set out in N.J.S.2C:14-3, must be brought within five years after the offense is committed. If the victim at the time of the offense is below the age of 18, prosecution must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later. This bill would eliminate the statute of limitations for prosecutions for aggravated criminal sexual contact and sexual contact, allowing prosecution to be commenced at any time.
Aggravated criminal sexual contact is a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both; criminal sexual contact is a crime of the fourth degree, punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000 or both.
