12 LC 29 5111S (SCS)
Senate
Bill 316
By:
Senators Bethel of the 54th, Mullis of the 53rd, Hamrick of the 30th, Shafer of
the 48th, Unterman of the 45th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating
to limitations on prosecutions, so as to extend the statute of limitations for
the prosecutions of the offenses of trafficking a person for sexual servitude,
cruelty to children in the first degree, rape, sodomy, aggravated sodomy,
statutory rape, child molestation, aggravated child molestation, enticing a
child for indecent purposes, and incest; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations
on prosecutions, is amended by revising Code Section 17-3-1, relating to
limitation on prosecutions generally, as follows:
"17-3-1.
(a)
A prosecution for murder may be commenced at any time.
(b)
Prosecution
Except as
otherwise provided in Code Section 17-3-2.1,
prosecution for other crimes punishable by
death or life imprisonment
must
shall
be commenced within seven years after the commission of the crime except as
provided by subsection
(c.1)
(d)
of this Code section; provided, however, that prosecution for the crime of
forcible rape
must
shall
be commenced within 15 years after the commission of the crime.
(c)
Prosecution
Except as
otherwise provided in Code Section 17-3-2.1,
prosecution for felonies other than those
specified in subsections (a), (b), and
(c.1)
(d)
of this Code section
must
shall
be commenced within four years after the commission of the crime, provided that
prosecution for felonies committed against victims who are at the time of the
commission of the offense under the age of 18 years
must
shall
be commenced within seven years after the commission of the crime.
(c.1)(d)
A prosecution for the following offenses may be commenced at any time when
deoxyribonucleic acid (DNA) evidence is used to establish the identity of the
accused:
(1)
Armed robbery, as defined in Code Section 16-8-41;
(2)
Kidnapping, as defined in Code Section 16-5-40;
(3)
Rape, as defined in Code Section 16-6-1;
(4)
Aggravated child molestation, as defined in Code Section 16-6-4;
(5)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(6)
Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided,
however, that a sufficient portion of the physical evidence tested for DNA is
preserved and available for testing by the accused and provided, further,
that,
if the DNA evidence does not establish the identity of the accused, the
limitation on prosecution shall be as provided in subsections (b) and (c) of
this Code section.
(d)(e)
Prosecution for misdemeanors
must
shall
be commenced within two years after the commission of the
crime."
SECTION
2.
Said
chapter is further amended by revising Code Section 17-3-2.1, relating to
limitation on prosecution of certain offenses involving a victim under 16 years
of age, as follows:
"17-3-2.1.
(a)
If
For crimes
committed during the period beginning on July 1, 1992, and ending on June 30,
2012, if the victim of a violation
of:
(1)
Cruelty to
children as defined in Code Section
16-5-70,
relating to cruelty to
children;
(2)
Rape as
defined in Code Section
16-6-1,
relating to rape;
(3)
Sodomy or
aggravated sodomy as defined in Code
Section
16-6-2,
relating to sodomy and aggravated
sodomy;
(4)
Statutory rape
as defined in Code Section
16-6-3,
relating to statutory rape;
(5)
Child
molestation or aggravated child molestation as defined
in Code Section
16-6-4,
relating to child molestation and aggravated child
molestation;
(6)
Enticing a
child for indecent purposes as defined in
Code Section
16-6-5,
relating to enticing a child for indecent
purposes; or
(7)
Incest as
defined in Code Section
16-6-22,
relating to incest,
is
under 16 years of age on the date of the violation, the applicable period within
which a prosecution
must
shall
be commenced under Code Section 17-3-1 or other applicable statute shall not
begin to run until the victim has reached the age of 16 or the violation is
reported to a law enforcement agency, prosecuting attorney, or other
governmental agency, whichever occurs earlier. Such law enforcement agency or
other governmental agency shall promptly report such allegation to the
appropriate prosecuting attorney.
(b)
This Code
section shall apply to any offense designated in paragraphs (1) through (7) of
subsection (a) of this Code section occurring on or after July 1,
1992
For crimes
committed on and after July 1, 2012, if the victim of a violation
of:
(1)
Trafficking a person for sexual servitude as defined in Code Section
16-5-46;
(2)
Cruelty to children in the first degree as defined in Code Section
16-5-70;
(3)
Rape as defined in Code Section 16-6-1;
(4)
Sodomy or aggravated sodomy as defined in Code Section 16-6-2;
(5)
Statutory rape as defined in Code Section 16-6-3;
(6)
Child molestation or aggravated child molestation as defined in Code Section
16-6-4;
(7)
Enticing a child for indecent purposes as defined in Code Section 16-6-5;
or
(8)
Incest as defined in Code Section 16-6-22,
is
under 16 years of age on the date of the violation, the applicable period within
which a prosecution shall be commenced under Code Section 17-3-1 or other
applicable statute shall not begin to run until the victim has reached the age
of 18 and shall be extended to until ten years after the victim's eighteenth
birthday; provided, however, that prosecution for the crime of forcible rape
shall be extended to until 15 years after the victim's eighteenth
birthday."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.