AB 142 — Eliminates the statute of limitations for the prosecution of sexual assault in certain circumstances. (BDR 14-175)

(ReprintedAssembly withBill amendmentsNo. adopted on April 18, 2019) FIRST REPRINT A.B.

142142–Assemblymen AKrasner; SSEMBLY BILL N O.

142–ABackus, SSEMBLYMENBilbray- KAxelrod, RASNERCohen, ;Duran, Gorelow, Hardy, Martinez, Monroe-Moreno, Munk, Neal, Spiegel, Titus and Yeager Joint Sponsors:

BSenators ACKUSSpearman; , B ILBRAY -AXELROD , COHEN , DURAN , GORELOW , H ARDY , M ARTINEZ , M ONROE -M ORENO , M UNK , N EAL, SPIEGEL , T ITUS AND YEAGER FEBRUARY 14, 2019 ____________ JOINT SPONSORS :

SENATORSCancela, SPEARMAND. ;

ANCELAHarris ,and D.Seevers Gansert CHAPTER..........

HARRIS AND S EEVERS GANSERT ____________ Referred to Committee on Judiciary SUMMARY—Eliminates the statute of limitations for the prosecution of sexual assault in certain circumstances.

(BDR 14-175) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law generally requires an indictment for sexual assault to be found, or an information or complaint to be filed, within 20 years after the commission of the offense.

(NRS 171.085) Existing law also provides that there is no limitation of time within which a prosecution for sexual assault is required to be commenced if, during the 20-year period of limitation, the victim of the sexual assault or a person authorized to act on behalf of the victim files with a law enforcement officer a written report concerning the sexual assault.

(NRS 171.083) Section 1 of this bill additionally provides that there is no limitation of time within which a prosecution for sexual assault is required to be commenced if the identity of a Sectionperson 4who ofis thisaccused billof providescommitting thatthe suchsexual anassault exceptionis appliesestablished toby aDNA personevidence. who:

(1)ce.Section 4 of this bill provides that such an exception applies to a limitations has not expired on July 1, 2019;

committed a sexual assault before July 1, 2019, if the statute of limitations has not expired on July 1, 2019;

-EXPLANATION *AB142_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

80th Session (2019) – 2 – (b) “DNA profile” has the meaning ascribed to it in NRS 176.09115.

Any felony other than the felonies listed in subsections 1 and 2 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

- *AB142_R1* – 3 – (1) Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age;

(c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, 80th Session (2019) – 3 – within 4 years after the victim discovers or reasonably should have discovered the offense.

who:ec.Sec.

The amendatory provisions of this act apply to a person 1.who:

1.

H~~~~~ -19 *AB142_R1*80th Session (2019)