Bill Text: NY A03418 | 2017-2018 | General Assembly | Introduced

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Bill Title: Eliminates the statute of limitations on class B violent felonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03418 Detail]

Download: New_York-2017-A03418-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3418
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law, in relation  to  eliminating
          the statute of limitations for class B violent felonies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
     2  criminal  procedure  law, as amended by chapter 467 of the laws of 2008,
     3  is amended to read as follows:
     4    (a) A prosecution for a class A felony[, or rape in the  first  degree
     5  as  defined  in  section  130.35 of the penal law, or a crime defined or
     6  formerly defined in section 130.50 of the penal law, or aggravated sexu-
     7  al abuse in the first degree as defined in section 130.70 of  the  penal
     8  law,  or course of sexual conduct against a child in the first degree as
     9  defined in section 130.75 of the penal law] or a class B violent  felony
    10  may be commenced at any time;
    11    §  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
    12  procedure law, as separately amended by chapters 3 and 320 of  the  laws
    13  of 2006, is amended to read as follows:
    14    (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
    15  defined in article one hundred thirty of the penal law,  other  than  [a
    16  sexual]  an  offense  delineated  in paragraph (a) of subdivision two of
    17  this section, committed against a child less than eighteen years of age,
    18  incest in the [first,] second or third degree  as  defined  in  sections
    19  [255.27,]  255.26  and 255.25 of the penal law committed against a child
    20  less than eighteen years of age, or use of a child in a sexual  perform-
    21  ance  as defined in section 263.05 of the penal law, the period of limi-
    22  tation shall not begin to run until the child has  reached  the  age  of
    23  eighteen  or  the  offense  is  reported  to a law enforcement agency or
    24  statewide central register of child abuse  and  maltreatment,  whichever
    25  occurs earlier.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08476-01-7
        A. 3418                             2
     1    §  3.  This  act  shall  take  effect  immediately  and shall apply to
     2  offenses committed on and after such date as well as to offenses commit-
     3  ted prior thereto, provided that this act shall not  apply  to  offenses
     4  committed prior to such date on which the prosecution thereof was barred
     5  under  the  provisions of section 30.10 of the criminal procedure law in
     6  effect immediately prior to such date.