Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

SSB 5100

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing the statute of limitations for sexual abuse against a child.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Hargrove and Padden).

Brief Summary of Substitute Bill

  • Extends the statute of limitations for certain sex offenses.

Hearing Date: 3/20/13

Staff: Sarah Koster (786-7303).

Background:

Criminal Period of Limitations.

Under current law, there are three tiers of statute of limitations for sex offenses.

Certain sex offenses may be prosecuted up to a victim's 28th birthday:

Rape in the first or second degree has two different statute of limitations schemes depending on the age of the victim and whether the offense was reported within one year, if:

For all other sex offenses, the period of limitations is three years.

The period of limitations for any sex offense may run from the date of the offense or one year from the date by which the identity of the suspect is established by deoxyribonucleic acid (DNA).

Summary of Bill:

Criminal Period of Limitations.

The following offenses may be prosecuted up to the victim's 30th birthday, if the victim was under 18 years old when the offense was committed:

If the victim was over 18 years old:

The period of limitations for any sex offense may run from the date of the offense or one year from the date by which the identity of the suspect is established by DNA or by photograph, whichever is later.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.