SB 429

This bill corrects an incorrect cross-reference so that the statutes of limitations

are consistent for all offenses of repeated first-degree sexual assault of a child and

so that prosecution for repeated second-degree sexual assault of a child must

commence before the victim reaches 45 years of age, which is consistent with the

statute of limitation for second-degree sexual assault of a child. The incorrect

cross-reference under current law results in two inconsistent provisions for certain

offenses of repeated first-degree sexual assault of a child; one provides that

prosecution may commence at any time and the other provides that prosecution must

generally commence before the victim reaches age 45. In addition, the incorrect

cross-reference results in a time limitation for commencing prosecution of six years

after the commission of repeated second-degree sexual assault of a child, which is

inconsistent with the time limitation for second-degree sexual assault of a child,

under which prosecution must commence before the victim reaches age 45.

Under current law, under first-degree sexual assault of a child, whoever has

sexual contact with a person who is under 13 years of age is guilty of a Class B felony.

"Sexual contact" is defined in current law so that it includes "sexual intercourse."

For clarity, this bill specifies that whoever has sexual contact

or sexual intercourse

with a person who is under 13 years of age is guilty of a Class B felony.

Under current law, if, before a trial, a court releases a person who is charged

with a felony or a misdemeanor without bail or upon the execution of an unsecured

appearance bond, the court may prohibit the person from possessing any dangerous

weapon as a condition of the release. If the person who is subject to this prohibition

has a license to carry a concealed weapon, the court must revoke the license and the

court must suspend the license, subject to restoration if the prohibition is removed.

This bill clarifies that the license must be suspended, not revoked, if the court

imposes such a condition.

This bill also renumbers subsections to eliminate gaps in numbering.

For further information, see the

Notes

provided by the Law Revision

Committee of the Joint Legislative Council.