SB 461 — AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR CRIMES COMMITTED AGAINST THE ELDERLY.

Senate General Assembly RaisedFile Bill No.

461533 February Session, 2022 LCOSubstitute Senate Bill No.

3461461 ReferredSenate, toApril 19, 2022 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe CONCERNING10th THEDist., STATUTEChairperson OFof LIMITATIONSthe FORCommittee CRIMESon COMMITTEDthe AGAINSTpart THEof ELDERLY.the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR CRIMES COMMITTED AGAINST THE ELDERLY.

(a) There shall be no limitation of time within which a person may be prosecuted for (1) (A) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169, or (B) any other offense involving sexual abuse, sexual exploitation or sexual assault if the victim of the offense was a minor at the time of the offense, including, but not limited to, a violation of subdivision (2) of subsection (a) of section 53-21, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminalsSB461 assistance/ toFile another person who has committed an offense set LCO No.

3461533 1 ofsSB461 4File RaisedNo. Bill No.461 forth in subdivision (1) of this subsection, (3) a violation of section 53a- 156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

533 criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, (3) a violation of section 53a- 156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

(c) Except as provided in subsection (a) of this section or in the case of an offense set forth in subsection (b) of this section for which the time period for prosecution of such offense is longer under said subsection (b) than under this subsection, no person may be prosecuted for an offense against an elderly person except within five years next of the discovery of the commission of the offense in the course of an investigation of exploitation of the elderly person or the death of the elderly person, whichever is sooner.

For purposes of this subsection, "elderly" and "exploitation" have the same meanings as provided in sectionsSB461 17b-450./ File No.

LCO533 2 sSB461 File No.

3461533 2section of17b-450. 4 Raised Bill No.

461[(c)] (d) No person may be prosecuted for any offense, other than an offense set forth in subsection (a), [or] (b) or (c) of this section, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed.

Section 1 October 1, 2022, and Section 1 54-193 applicable to any offense committed on or after October 1, 2022, and to any offense committed prior to October 1, 2022, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, StatementJUD ofJoint Purpose:Favorable Subst.

TosSB461 extend/ theFile statuteNo. of limitations for the prosecution of crimes committed against the elderly.

LCO533 3 sSB461 File No.

3461533 3The offollowing 4Fiscal RaisedImpact Statement and Bill No.Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

461In [Proposedgeneral, deletionsfiscal impacts are enclosedbased inupon brackets.a variety of informational sources, including the analyst’s professional knowledge.

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3461OFA 4Fiscal ofNote 4State Impact:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Correction, Dept.;

Judicial Dept.

GF - Potential See Below See Below (Probation) Cost Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill extends the statute of limitations for crimes against the elderly and, to the extent that additional violators are prosecuted, results in a potential cost and potential revenue gain.

On average, the marginal cost to the state for incarcerating an offender for the year is $2,500 1 while the average marginal cost for supervision in the community is less than $800 each year.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of violators.

1Inmate marginal cost is based on increased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

2Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

sSB461 / File No.

533 4 sSB461 File No.

533 OLR Bill Analysis sSB 461 AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR CRIMES COMMITTED AGAINST THE ELDERLY.

SUMMARY This bill extends the criminal statute of limitations for crimes against the elderly (i.e., age 60 or older) to five years after the sooner of (1) discovery of the offense while investigating exploitation of the elderly person or (2) the elderly person’s death.

The bill does not apply if existing law provides a longer statute of limitations.

Under existing law, the default criminal statute of limitations is five years for felonies or one year for misdemeanors, calculated from the time the crime was allegedly committed.

There is (1) a longer period for certain crimes and (2) no time limit on prosecuting someone for certain other serious crimes, such as murder, other class A felonies, and certain sexual assault crimes.

EFFECTIVE DATE:

October 1, 2022, and applicable to (1) offenses committed on or after that date and (2) offenses committed earlier if the statute of limitations then in effect had not expired as of October 1, 2022.