New Jersey A 272: Eliminates statute of limitations for prosecution of human trafficking crimes.

Bill Text

(Sponsorship Updated As Of: 1/14/2025)
ASSEMBLY, No. 272

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Morris, Somerset and Union)

Co-Sponsored by:
Assemblymen Sauickie, Inganamort, Scharfenberger, Assemblywomen
Flynn, Dunn and Fantasia

SYNOPSIS
Eliminates statute of limitations for prosecution of human trafficking crimes.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning the statute of limitations and amending 1
N.J.S.2C:1-6. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. N.J.S.2C:1-6 is amended to read as follows: 7
2C:1-6. Time Limitations. a. (1) A prosecution for any offense 8
set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2, section 1 9
of P.L.2005, c.77 (C.2C:13-8), or sections 1 through 5 of P.L.2002, 10
c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any 11
time. 12
(2) A prosecution for any offense set forth in N.J.S.2C:17-2, 13
section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, 14
c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), 15
section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of 16
P.L.1977, c.74 (C.58:10A-10) may be commenced at any time. 17
b. Except as otherwise provided in this section, prosecutions 18
for other offenses are subject to the following periods of 19
limitations: 20
(1) A prosecution for a crime must be commenced within five 21
years after it is committed; 22
(2) A prosecution for a disorderly persons offense or petty 23
disorderly persons offense must be commenced within one year 24
after it is committed; 25
(3) A prosecution for any offense set forth in N.J.S.2C:27-2, 26
N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, 27
N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to 28
commit such an offense, must be commenced within seven years 29
after the commission of the offense; 30
(4) A prosecution for an offense set forth in N.J.S.2C:14-3 or 31
N.J.S.2C:24-4, when the victim at the time of the offense is below 32
the age of 18 years, must be commenced within five years of the 33
victim's attaining the age of 18 or within two years of the discovery 34
of the offense by the victim, whichever is later; 35
(5) (Deleted by amendment, P.L.2007, c.131). 36
c. An offense is committed either when every element occurs 37
or, if a legislative purpose to prohibit a continuing course of 38
conduct plainly appears, at the time when the course of conduct or 39
the defendant's complicity therein is terminated. Time starts to run 40
on the day after the offense is committed, except that when the 41
prosecution is supported by physical evidence that identifies the 42
actor by means of DNA testing or fingerprint analysis, time does 43
not start to run until the State is in possession of both the physical 44

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evidence and the DNA or fingerprint evidence necessary to 1
establish the identification of the actor by means of comparison to 2
the physical evidence. 3
d. A prosecution is commenced for a crime when an indictment 4
is found and for a nonindictable offense when a warrant or other 5
process is issued, provided that such warrant or process is executed 6
without unreasonable delay. Nothing contained in this section, 7
however, shall be deemed to prohibit the downgrading of an offense 8
at any time if the prosecution of the greater offense was commenced 9
within the statute of limitations applicable to the greater offense. 10
e. The period of limitation does not run during any time when a 11
prosecution against the accused for the same conduct is pending in 12
this State. 13
f. The limitations in this section shall not apply to any person 14
fleeing from justice. 15
g. Except as otherwise provided in this code, no civil action 16
shall be brought pursuant to this code more than five years after 17
such action accrues. 18
(cf: P.L.2007, c.131, s.1) 19
20
2. This act shall take effect immediately and shall be applicable 21
to all offenses not yet barred from prosecution under the statute of 22
limitations as of the effective date. 23
24
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STATEMENT 26
27
This bill would eliminate the statute of limitations for 28
prosecution for the crime of human trafficking. 29
Currently, under the provisions of N.J.S.2C:1-6 there is no 30
statute of limitations for prosecutions for the following crimes: 31
murder; manslaughter; sexual assault; and criminal offenses arising 32
from violations of certain environmental statutes concerning 33
widespread injury or damage. 34
Prosecution for other crimes, such as human trafficking, must be 35
commenced within five years, except for certain crimes enumerated 36
in the statute such