05 LC 19
6432
House
Bill 169
By:
Representatives Walker of the
107th,
Keen of the
179th,
Smith of the
129th,
Yates of the
73rd,
and Lakly of the
72nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to
limitation on prosecutions generally, so as to provide that prosecution for
aggravated child molestation may be commenced at any time; to provide for
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation
on prosecutions generally, is amended by striking the Code section in its
entirety and inserting in lieu thereof the following:
"(a)
A prosecution for murder may be commenced at any time.
(a.1)
A prosecution for aggravated child molestation, as defined in Code Section
16-6-4, may be commenced at any time.
(b)
Prosecution for other crimes punishable by death or life imprisonment must be
commenced within seven years after the commission of the crime except as
provided by subsection (c.1) of this Code section; provided, however, that
prosecution for the crime of forcible rape must be commenced within 15 years
after the commission of the crime.
(c)
Prosecution for felonies other than those specified in subsections (a),
(a.1),
(b), and (c.1) of this Code section must be commenced within four years after
the commission of the crime, provided that prosecution for felonies committed
against victims who are at the time of the commission of the offense under the
age of 18 years must be commenced within seven years after the commission of the
crime.
(c.1)
A prosecution for the following offenses may be commenced at any time when
deoxyribonucleic acid (DNA) evidence is used to establish the identity of the
accused:
(1)
Armed robbery, as defined in Code Section 16-8-41;
(2)
Kidnapping, as defined in Code Section 16-5-40;
(3)
Rape, as defined in Code Section 16-6-1;
(4)
Aggravated child molestation, as defined in Code Section
16-6-4;
(5)(4)
Aggravated sodomy, as defined in Code Section 16-6-2; or
(6)(5)
Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided,
however, that a sufficient portion of the physical evidence tested for DNA is
preserved and available for testing by the accused and provided, further, that,
if the DNA evidence does not establish the identity of the accused, the
limitation on prosecution shall be as provided in subsections (b) and (c) of
this Code section.
(d)
Prosecution for misdemeanors must be commenced within two years after the
commission of the
crime."
SECTION
2.
This
Act shall become effective on July 1, 2005, and apply to crimes which occur on
or after July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.