Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0736

Introduced
3/22/23  

Caption

Indictments, Informations And Complaints

Impact

The amendments to Section 12-12-17 of the General Laws reflect a significant shift in how the state handles serious criminal offenses, specifically those of a sexual nature. The removal of a statute of limitations on second-degree sexual assault is seen as an effort to ensure that survivors have the opportunity to seek justice without being constrained by time. By extending the period for filing charges on third-degree sexual assault, the bill aims to provide additional room for victims to gather their thoughts, seek support, and prepare for the legal process, which can often be lengthy and complex.

Summary

Bill S0736 updates the statute of limitations for various criminal offenses in the State of Rhode Island. The key change proposed by this bill is the inclusion of second-degree sexual assault among the offenses that will have no statute of limitations, thereby allowing prosecutors to bring charges at any time regardless of when the alleged crime occurred. Additionally, it establishes a ten-year statute of limitations for third-degree sexual assault. These changes aim to provide survivors of sexual violence with more time to come forward without the pressure of an impending legal deadline.

Contention

While the bill has broad support among advocates for victims of sexual assault who argue that the lack of a statute of limitations is essential for delivering justice, there are concerns raised by some legislators about the potential implications for defendants. Opponents argue that allowing such a change could lead to unfair prosecutions based on old evidence, which may not be reliable. The balance between justice for victims and ensuring fair trials for defendants remains a point of contention, reflecting broader discussions in society about how best to handle sexual violence cases within the justice system.

Companion Bills

No companion bills found.

Previously Filed As

RI S0565

Provides for a 10 year statute of limitations for the violation of second degree sexual assault.

RI S2297

Provides for a 10 year statute of limitations for the violation of second degree sexual assault.

RI H8086

Provides that the statute of limitations for second-degree sexual assault shall be 10 years from the date of the offense, or, in the case of a victim who is under the age of 18, ten years from the victim’s eighteenth birthday, whichever is later.

RI H6133

Provides that the statute of limitations for second-degree sexual assault shall be 10 years from the date of the offense, or, in the case of a victim who is under the age of 18, ten years from the victim’s eighteenth birthday, whichever is later.

RI S3105

Provides that the statute of limitations for second-degree sexual assault shall be 10 years from the date of the offense, or, in the case of a victim who is under the age of 18, ten years from the victim’s eighteenth birthday, whichever is later.

RI HB4755

Adding Aggravated Vehicular Homicide to the list of qualifying offenses

RI A07215

Establishes the false reporting survivors act which establishes the crimes of aggravated falsely reporting an incident in the first, second, and third degrees when a person commits the crime of falsely reporting an incident in the first, second, or third degree and such person intended to harass, annoy, threaten, or alarm another person because of a belief or perception regarding a person's race, color, national origin, ancestry, religion, gender, disability, sexual orientation, gender identity or expression, or ethnicity; authorizes officers to arrest persons believed to have committed falsely reporting an incident without first obtaining a warrant; includes such falsely reporting as a hate crime; authorizes the law enforcement misconduct investigative office to receive and investigate complaints alleging falsely reporting an incident; establishes databases of law enforcement officers and persons convicted of falsely reporting; requires notifying persons of the termination of certain criminal actions or proceedings; relates to the statute of limitations for filing an action relating to falsely reporting.

RI HB5918

Criminal procedure: sentencing guidelines; sentencing guidelines for certain crimes; update. Amends (See bill). TIE BAR WITH: HB 5907'26, HB 5908'26, HB 5909'26, HB 5910'26, HB 5911'26, HB 5912'26, HB 5913'26, HB 5914'26, HB 5915'26, HB 5916'26, HB 5917'26

RI A09127

Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.

RI HB2105

Felony reclassification; modifying classifications for certain crimes; effective date.

Similar Bills

No similar bills found.