An Act to provide a DNA exception for statute of limitations on sex offenses

194th Legislature (2025-2026) Introduced by Mike Brady and 6 co-sponsors

Allows prosecutors to file a sex offense case at any time if preserved DNA-identifiable forensic evidence exists to identify the defendant.

Accompanied a study order (under JR10), see S2886

Summary — S.1192: "An Act to provide a DNA exception for statute of limitations on sex offenses"

Status (as provided)
- Introduced in the Massachusetts Senate (Senate Docket No. 1445 / S.1192). Referred to the Judiciary Committee. Hearing scheduled 06/17/2025 (1:00–5:00 PM, room A‑2).
- Primary legislative sponsor: Sen. Mark C. Montigny; additional petitioning senators listed.
- Note: The materials provided also include unrelated documents (an Idaho “S 1192” appropriation/fiscal note for the State Liquor Division). Those fiscal materials appear to be for a different bill and jurisdiction and are not part of the Massachusetts DNA‑exception measure summarized below.

Purpose and intent
- To remove the time limit on prosecuting certain sex offenses when preserved forensic evidence exists that can be subjected to DNA analysis identifying the defendant. The bill creates a statutory exception to the usual statute‑of‑limitations bar for qualifying sex crimes.

Key provision (plain language)
- Amends Section 63 of Chapter 277 of the Massachusetts General Laws by adding a paragraph that provides: notwithstanding the current limitations provision, a prosecution for a “sex offense” (as defined in G.L. c. 6, §178C) may be commenced at any time if forensic evidence (as defined in G.L. c. 111, §220) was collected and preserved, and that evidence can be subjected to DNA analysis (as defined in G.L. c. 22E, §1) that can establish the defendant’s identity.

What changes and who is affected
- Removes temporal bar: Prosecutors could bring charges beyond existing limitation periods whenever preserved forensic evidence exists that can be DNA‑tested to identify a suspect.
- Affects: alleged victims of qualifying sex offenses, defendants, district attorneys, public defenders, law enforcement agencies responsible for evidence collection/preservation, and forensic crime laboratories (responsible for DNA testing).
- Evidence handling: places importance on collection and long‑term preservation of forensic evidence; may increase demand for DNA testing and evidence storage.
- Scope limited to offenses defined as “sex offenses” under the cited statute; does not by its text expand the underlying criminal definitions.

Procedural/timing notes and legal scope
- The bill’s text allows prosecutions “at any time” but does not expressly address retroactivity, transitional rules, or evidentiary/constitutional questions (e.g., due process, fair trial concerns tied to age of evidence or notice). Those issues could arise during implementation or litigation if the law is applied to older cases.
- Implementation would rely on the capacity of forensic labs and law enforcement evidence systems to test and preserve samples; potential resource implications (testing backlog, storage) are implied but not quantified in the bill text.

Related/ancillary information
- Legislative history indicates similar bills were filed in prior sessions. The provided packet includes unrelated legislative material (Idaho appropriation bill labeled S 1192); readers should consult official Massachusetts legislative sources (Massachusetts Legislature / bill docket) for the authoritative text, amendments, and committee reports.