SP0020
LD 67
Session - 129th Maine Legislature
 
LR 787
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Ensure Access to Justice for Victims of Sexual Assault

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §8, sub-§1,  as amended by PL 1999, c. 438, §1, is repealed and the following enacted in its place:

1   It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, except that the following prosecutions may be commenced at any time:
A A prosecution for murder or criminal homicide in the first or 2nd degree; or
B If the victim had not attained the age of 16 years at the time of the crime, a prosecution for incest; unlawful sexual contact; sexual abuse of a minor; or rape or gross sexual assault, formerly denominated as gross sexual misconduct.

Sec. 2. 17-A MRSA §8, sub-§2,  as amended by PL 2013, c. 392, §1, is repealed and the following enacted in its place:

2   Except as provided in subsection 1 or 2-A, a prosecution for a Class A, Class B or Class C crime must be commenced within 6 years after it is committed and a prosecution for a Class D or Class E crime must be commenced within 3 years after it is committed.

Sec. 3. 17-A MRSA §8, sub-§2-A,  as enacted by PL 2013, c. 392, §2, is amended to read:

2-A.   A prosecution for a Class A, Class B or Class C crime involving unlawful sexual contact or gross sexual assault must be commenced within 8 20 years after it is committed.

This subsection does not apply to a Class D crime enhanced to a Class C crime pursuant to section 1252, subsection 4-A.

Sec. 4. Application. This Act applies to the following Class A, Class B or Class C crimes committed on or after the effective date of this Act or for which the prosecution has not yet been barred by the statute of limitations in force immediately prior to the effective date of this Act: gross sexual assault under the Maine Revised Statutes, Title 17-A, section 253; and unlawful sexual contact under Title 17-A, section 255-A.

summary

This bill amends the Maine Criminal Code to extend from 8 years to 20 years the statute of limitations applicable to prosecutions for a Class A, Class B or Class C crime involving unlawful sexual contact or gross sexual assault. These changes apply only to those Class A, Class B and Class C crimes of unlawful sexual contact or gross sexual assault committed on or after the effective date of this legislation or for which the prosecution has not yet been barred by the statute of limitations in force immediately prior to the effective date of this legislation.

The bill also makes a number of technical corrections to the provisions of the Maine Criminal Code governing statutes of limitations to provide additional clarity within those provisions.


Top of Page