Assigned to JUD                                                                                                                                   FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2550

 

time limitations; sexual assault

 

Purpose

 

Eliminates any time limitation for the commencement of prosecution for specified sexual offenses or attempts to commit those specified offenses.

 

Background

 

Current law imposes a seven year time limitation on the commencement of prosecution of crimes that are class 2 through class 6 felonies.  After the State or political subdivision with jurisdiction over the offense has actual discovery of the offense, or the State or political subdivision should have discovered the offense with the exercise of reasonable diligence, the seven year time limitation begins to run.  However, the time limitation does not apply during any time when the accused is absent from Arizona.   Additionally, if an offense defined as "a serious offense” is committed, the time limitation does not run during any time when the identity of the offender is unknown.

 

H.B. 2550 removes time limitations for the commencement of prosecution of specified sexual offenses or attempts to commit those offenses.  The specified offenses include, among other crimes, sexual assault, violent sexual assault, molestation of a child, and sexual exploitation of a minor.

 

The fiscal impact on the state general fund is undetermined at this time.

 

Provisions

 

1.      Eliminates any time limitation for the commencement of prosecution for any class 2 felony sexual offenses, class 2 felony sexual exploitation of children offenses and for crimes charged as violent sexual assaults.

 

2.      Provides for a general effective date.

 

House Action

 

JUD                 3/6/01              DPA    6-1-2-1-0

3rd Read                                               50-3-7

 

Prepared by Senate Staff

April 6, 2001