Bill Text: NY A09181 | 2013-2014 | 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) 2014-03-26 - referred to codes [A09181 Detail]

Download: New_York-2013-A09181-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9181
                                 I N  A S S E M B L Y
                                    March 26, 2014
                                      ___________
       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    S  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.
   26    S  3.  This  act  shall  take  effect  immediately  and shall apply to
   27  offenses committed on and after such date as well as to offenses commit-
   28  ted prior thereto, provided that this act shall not  apply  to  offenses
   29  committed prior to such date on which the prosecution thereof was barred
   30  under  the  provisions of section 30.10 of the criminal procedure law in
   31  effect immediately prior to such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07253-04-4