Eliminates statute of limitations for prosecution of human trafficking crimes.

A225

ASSEMBLY, No. 225

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOHN V. AZZARITI JR., M.D.

District 39 (Bergen)

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.

��

An Act

concerning the statute of limitations and
amending N.J.S.2C:1-6.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2C:1-6 is amended
to read as follows:

���� 2C:1-6.� Time Limitations.�
a.� (1) A prosecution for any offense set forth in N.J.S.2C:11-3,
N.J.S.2C:11-4, N.J.S.2C:14-2
, section 1 of P.L.2005, c.77 (C.2C:13-8),

or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be
commenced at any time.

���� (2)� A prosecution for any
offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9),
section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212
(C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977,
c.74 (C.58:10A-10) may be commenced at any time.

���� b.��� Except as otherwise
provided in this section, prosecutions for other offenses are subject to the
following periods of limitations:

���� (1)� A prosecution for a crime
must be commenced within five years after it is committed;

���� (2)� A prosecution for a
disorderly persons offense or petty disorderly persons offense must be
commenced within one year after it is committed;

���� (3)� A prosecution for any
offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6,
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or
conspiracy to commit such an offense, must be commenced within seven years
after the commission of the offense;

���� (4)� A prosecution for an
offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the
time of the offense is below the age of 18 years, must be commenced within five
years of the victim's attaining the age of 18 or within two years of the discovery
of the offense by the victim, whichever is later;

���� (5)� (Deleted by amendment,
P.L.2007, c.131).

���� c.��� An offense is committed
either when every element occurs or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or the defendant's complicity therein is terminated.� Time starts to run
on the day after the offense is committed, except that when the prosecution is
supported by physical evidence that identifies the actor by means of DNA
testing or fingerprint analysis, time does not start to run until the State is
in possession of both the physical

evidence and the DNA or fingerprint
evidence necessary to establish the identification of the actor by means of
comparison to the physical evidence.

���� d.��� A prosecution is
commenced for a crime when an indictment is found and for a nonindictable
offense when a warrant or other process is issued, provided that such warrant
or process is executed without unreasonable delay. Nothing contained in this
section, however, shall be deemed to prohibit the downgrading of an offense at
any time if the prosecution of the greater offense was commenced within the
statute of limitations applicable to the greater offense.

���� e.��� The period of limitation
does not run during any time when a prosecution against the accused for the
same conduct is pending in this State.

���� f.���� The limitations in this
section shall not apply to any person fleeing from justice.

���� g.��� Except as otherwise
provided in this code, no civil action shall be brought pursuant to this code
more than five years after such action accrues.

(cf: P.L.2007, c.131, s.1)

���� 2.��� This act shall take
effect immediately and shall be applicable to all offenses not yet barred from
prosecution under the statute of limitations as of the effective date.

STATEMENT

���� This bill would eliminate the
statute of limitations for prosecution for the crime of human trafficking.��

���� Currently, under the
provisions of N.J.S.2C:1-6 there is no statute of limitations for prosecutions
for the following crimes: murder; manslaughter; sexual assault; and criminal
offenses arising from violations of certain environmental statutes concerning
widespread injury or damage.�

���� Prosecution for other crimes,
such as human trafficking, must be commenced within five years, except for
certain crimes enumerated in the statute such as:� (1) bribery and official
misconduct offenses which must be commenced within seven years; (2) criminal
sexual contact or endangering the welfare of a minor which must be commenced
within five years after the victim attains the age of 18 or two years after
discovery, whichever is later. Prosecutions for disorderly persons offenses
must be commenced within one year after they are committed.

���� By eliminating the statute of
limitations for human trafficking crimes, the prosecution for these crimes may
be commenced at any time rather than within five years after it is committed.