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HB 189 would amend the chapter located in the Code of Criminal Procedure entitled “Limitation.” This would allow there to be no limitation on sexual assault or aggravated sexual assault without exception. Currently, there were a number of exceptions that would make a time limitation to sexual assault and this bill would remove all associated exceptions.
This bill would seem, on the surface, to preserve the individual liberty of victims to be able to come forward on the egregious offense of sexual assault at any time. However there is a reason statutes of limitations exist. The statute of limitations is a constitutional principle. We are concerned that lifting the statute of limitations for sexual assault could greatly increase the burden on our courts -- especially when trying older cases where evidence is years old and testimonies would be difficult to authenticate.
While this bill would support individual liberty of victims, it would also increase the scope and cost of government.
Due to these conflicting provisions we are neutral on HB 189.