HLS 19RS-77 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 61
BY REPRESENTATIVE NORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Extends the time period within which to institute prosecution
for certain sex offenses by fifteen years in certain cases
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 571.1, relative to limitations
3 upon institution of prosecution; to provide relative to the time limitations upon
4 institution of prosecution for certain sex offenses; to extend the time within which
5 prosecution is required to be instituted for certain sex offenses; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 571.1 is hereby amended and
9reenacted to read as follows:
10 Art. 571.1. Time limitation for certain sex offenses
11 A. Except as provided by Paragraph B of this Article and Article 572 of this
12 Chapter Code, the time within which to institute prosecution of the following sex
13 offenses that involve a victim under seventeen years of age, regardless of whether
14 the crime involves force, serious physical injury, death, or is punishable by
15 imprisonment at hard labor shall be thirty years: attempted first degree rape, also
16 formerly titled aggravated rape (R.S. 14:27, R.S. 14:42), attempted second degree
17 rape, also formerly titled forcible rape (R.S. 14:27, R.S. 14:42.1), sexual battery
18 (R.S. 14:43.1), second degree sexual battery (R.S. 14:43.2), oral sexual battery (R.S.
19 14:43.3), human trafficking (R.S. 14:46.2(B)(2) or (3)), trafficking of children for
20 sexual purposes (R.S. 14:46.3), felony carnal knowledge of a juvenile (R.S. 14:80),
21 indecent behavior with juveniles (R.S. 14:81), pornography involving juveniles (R.S.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-77 ORIGINAL
HB NO. 61
1 14:81.1), molestation of a juvenile (R.S. 14:81.2), prostitution of persons under
2 eighteen (R.S. 14:82.1), enticing persons into prostitution (R.S. 14:86), crime against
3 nature (R.S. 14:89), aggravated crime against nature (R.S. 14:89.1), and crime
4 against nature by solicitation (R.S. 14:89.2(B)(3)), that involve a victim under
5 seventeen years of age. This thirty-year period begins to run when the victim attains
6 the age of eighteen.
7 B. If new and material evidence is discovered prior to the expiration of the
8 thirty-year period provided by this Article, the time within which to institute
9 prosecution of the offenses provided in this Article is extended by an additional
10 fifteen years. The additional fifteen-year period begins to run at the expiration of the
11 thirty-year period. In no case shall the time within which to institute prosecution
12 extend beyond forty-five years from the date on which the victim attains the age of
13 eighteen.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 61 Original 2019 Regular Session Norton
Abstract: Extends the period of time within which to institute prosecution for certain sex
offenses by 15 years if new and material evidence is discovered prior to the
expiration of the 30-year period.
Present law provides for certain time limitations within which prosecution is required to be
instituted for certain offenses.
In this regard, present law provides for 30-year period in which to institute prosecution for
the following sex offenses when the victim is under the age of 17: attempted first degree
rape, attempted second degree rape, sexual battery, second degree sexual battery, oral sexual
battery, human trafficking, trafficking of children for sexual purposes, felony carnal
knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles,
molestation of a juvenile, prostitution of persons under eighteen, enticing persons into
prostitution, crime against nature, aggravated crime against nature, and crime against nature
by solicitation. Present law further provides that this 30-year period begins to run when the
victim attains the age of 18.
Proposed law extends the 30-year period by 15 years if new and material evidence is
discovered prior to the expiration of the 30-year period. In no case shall the time within
which to institute prosecution extend beyond 45 years from the date on which the victim
attains the age of 18.
(Amends C.Cr.P. Art. 571.1)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.