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House committee advances legislation to eliminate statute of limitations for child sex abuse
By Randy Krehbiel
Tulsa World
February 04, 2020
https://bit.ly/2OxdHGQ
[with video]
A bill that would repeal the statute of limitations on sex crimes involving minors advanced from an Oklahoma House of Representatives committee over concerns about defendants’ right to a fair trial.
House Bill 3024, by Rep. Carol Bush, R-Tulsa, passed the House Judiciary Committee, 12-5 on Tuesday, with most of the opposition coming from attorneys.
“How does this impact the defendant’s right to a fair trial, when you seemingly endlessly extend the statute of limitations,” said Rep. Terry O’Donnell, R-Catoosa. “From my perspective as an attorney, a defendant is entitled to a trial while memories are fresh (and) witnesses are available. Extending the statute of limitations, doesn’t that impair the defendants’ access to that potential evidence?”
Rep. Rande Worthen, R-Lawton, a former district attorney, agreed with O’Donnell.
“As a (former) prosecutor, I have some of the same concerns,” Worthen said.
Rep. David Perryman, D-Chickasha, noted the statute was modified only a few years ago to allow victims to file charges any time before they reach the age of 45.
“As we’ve gone further into some of the studies into PTSD from extreme trauma such as child abuse, rape and sexual abuse, we’ve found that 45 is not a magic age. Sometimes it takes a little bit longer,” said Bush.
“As a matter of fact, we had a 78-year-old woman ... who had just realized what had been done to her by her father. By eliminating the statute of limitations, which several other states have done, it allows them more time to seek judgment.”
Statutes of limitations — the time in which a legal action must be initiated — vary by jurisdiction and situation. In the United States, murder generally has no statute of limitations although courts have disallowed charges by ruling the defendant could not receive a fair trial because of time-related issues.
At least four states — California, Florida, Hawaii and Pennsylvania — have no statutes of limitations for sex crimes against children.
One of the few committees to meet on the second day of the legislative session, the House Judiciary worked through a lengthy agenda that included:
HB 2934, by Rep. Collin Walke, D-Oklahoma City, a “work in progress” bill intended to facilitate drug courts in all 77 counties.
HB 3359, by Rep. David Smith, R-McAlester, which passed despite bipartisan concern that it borders on codification of “stop and frisk” laws. HB 3359 would allow a law officer to stop anyone the officer “reasonably suspects is committing, has committed or is about to commit a violation of the criminal laws,” and demand a name and address, and identification “if available.” The law officer could detain the person in question until satisfied they are not a threat and have no outstanding warrants against them.The bill originally allowed officers to demand the person detained to explain their actions, but that portion was removed at the recommendation of committee Chairman Chris Kannady, R-Oklahoma City.
Smith said the bill was requested by law enforcement.
HB 3195, by Rep. John Pfeiffer, R-Orlando, would require law enforcement officials to comply with detainers placed by immigration officials. The bill includes no penalty for failure to comply, Pfeiffer said, but “protects” those that do.
Pfeiffer said Oklahoma and Cleveland counties are the only two in Oklahoma that do not currently recognize immigration detainers.
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