Bill > AB142

Introduced Session

Legislative Counsel's Digest: 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 person who is accused of committing the sexual assault is established by DNA evidence. Section 4 of this bill provides that such an exception applies to a person who: (1) committed a sexual assault before July 1, 2019, if the statute of limitations has not expired on July 1, 2019; or (2) commits a sexual assault on or after July 1, 2019. SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows: 1. If the identity of a person who is accused of committing a sexual assault is established by conducting a genetic marker analysis of a biological specimen and obtaining a DNA profile, the period of limitation prescribed in NRS 171.085 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced. 2. As used in this section: (a) Biological specimen has the meaning ascribed to it in NRS 176.09112. (b) DNA profile has the meaning ascribed to it in NRS 176.09115. (c) Genetic marker analysis has the meaning ascribed to it in NRS 176.09118. Sec. 2. NRS 171.085 is hereby amended to read as follows: 171.085 Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, and section 1 of this act, an indictment for: 1. Theft, robbery, burglary, forgery, arson, sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense. 2. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense. 3. 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.

AI Summary

Committee Categories

Lisa Krasner (R)*,  Pat Spearman (D)*,  Shannon Bilbray-Axelrod (D),  Yvanna Cancela (D),  Lesley Cohen (D),  Daniele Monroe-Moreno (D),  Dina Neal (D),  Ellen Spiegel (D),  Robin Titus (R),  Steve Yeager (D), 

Approved by the Governor. Chapter 263. (on 05/31/2019)

Official Document