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Legislative Update

sex offenses

Statute of limitations

April 12, 2020 Filed Under: Criminal

S.E.A. 109, P.L. 31 Effective: July 1, 2020 Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the … [Read more...] about Statute of limitations

Sexual assault victims' rights

April 12, 2020 Filed Under: Criminal

S.E.A. 146, P.L. 58 Effective: July 1, 2020 Provides rights to sexual assault victims, including the right to: (1) speak with a victim advocate or victim service provider, if available, and a victims assistance or a social worker, if a victim advocate or victim service provider is not available, before a forensic medical exam or during the course of an investigation; (2) the … [Read more...] about Sexual assault victims' rights

Deposition of a child victim

April 12, 2020 Filed Under: Criminal

S.E.A. 206, P.L. 62 Effective: March 18, 2020 Defines "child victim" as a child less than 16 years of age who is the victim of a sex offense and specifies that a child victim has the right to confer with a representative of the prosecuting attorney's office before being deposed. Repeals and replaces the current statute concerning the deposition of a child with a new statute that … [Read more...] about Deposition of a child victim

Sexual assault victims' rights

February 28, 2020 Filed Under: Criminal

The House Courts and Criminal Code Committee heard SB 146 on sexual assault victims' rights sponsored by Reps. Schaibley and DeVon. The bill provides rights to sexual assault victims, including the right to speak with a sexual assault counselor before a forensic medical exam or during the course of an investigation, the collection of sexual assault forensic evidence, the analysis of … [Read more...] about Sexual assault victims' rights

Depositions of children

February 28, 2020 Filed Under: Criminal

For amend and vote, the House Judiciary Committee heard SB 206 on depositions of children, sponsored by Reps. Torr and Schaibley. The bill defines "deposition" to include interviews, recorded statements, and depositions; creates certain procedures and protections in a deposition for a child less than 16 years of age who is the victim of a sex crime; and provides that the term … [Read more...] about Depositions of children

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