Assembly Bill No. 97-Assemblymen Evans, Anderson, Krenzer, Manendo, Close, Cegavske, Perkins, Mortenson, Herrera, Humke, Buckley, Braunlin, Collins, Price, Freeman, Parks, Koivisto, Segerblom, de Braga, Chowning, Ohrenschall, Lee, Goldwater, Bache, Neighbors, Berman, Lambert and Dini
January 29, 1997
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Referred to Committee on Judiciary
SUMMARY--Eliminates statute of limitations for sexual assault. (BDR 14-364)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to criminal procedure; eliminating the statute of limitations for sexual assault; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
There is no limitation of the time within which a prosecution for sexual assault must be commenced. Such a prosecution may be commenced at any time after the sexual assault was committed.
Sec. 2. NRS 171.085 is hereby amended to read as follows:
171.085 Except as otherwise provided in NRS 171.095, an indictment for:
1. Theft, robbery, burglary, forgery [, arson or sexual assault] or arson must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Any [other] felony other than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 3. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense unless a longer period is allowed by paragraph (b).
(b) An indictment must be found, or an information or complaint filed, for any offense, constituting sexual abuse of a child, as defined in NRS 432B.100, except sexual assault pursuant to NRS 200.366, before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
Sec. 4. The provisions of this act apply to a person who committed a sexual assault before the effective date of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.