BILL NO A06718
SAME AS No same as
SPONSOR Johns (MS)
COSPNSR Hevesi, Rivera P, Burling, Raia, Crouch
MLTSPNSR Barclay, Calhoun, Ceretto, McDonough, Oaks, Thiele
Amd S30.10, CP L
Eliminates the statute of limitations for the prosecution of violent felonies
involving a sexual offense.
S T A T E O F N E W Y O R K
________________________________________________________________________
6718
2011-2012 Regular Sessions
I N A S S E M B L Y
March 25, 2011
___________
Introduced by M. of A. JOHNS, HEVESI, P. RIVERA, BURLING, RAIA, CROUCH
-- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, OAKS, THIELE --
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 the prosecution of violent felonies
involving a sexual offense
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] A VIOLENT FELONY INVOLVING A
10 SEXUAL OFFENSE AS DEFINED IN SECTION 130.35, 130.50, 130.65, 130.65-A,
11 130.66, 130.67, 130.70, 130.75 OR 130.80 OF THE PENAL LAW may be
12 commenced at any time;
13 S 2. Paragraphs (e) and (f) of subdivision 3 of section 30.10 of the
14 criminal procedure law, paragraph (e) as amended by chapter 3 of the
15 laws of 2006 and paragraph (f) as separately amended by chapters 3 and
16 320 of the laws of 2006, are amended to read as follows:
17 (e) [A prosecution for course of sexual conduct against a child in the
18 second degree as defined in section 130.80 of the penal law may be
19 commenced within five years of the commission of the most recent act of
20 sexual conduct.
21 (f)] For purposes of a prosecution involving a sexual offense as
22 defined in article one hundred thirty of the penal law, other than a
23 sexual offense delineated in paragraph (a) of subdivision two of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09261-01-1
A. 6718 2
1 section, committed against a child less than eighteen years of age,
2 incest in the first, second or third degree as defined in sections
3 255.27, 255.26 and 255.25 of the penal law committed against a child
4 less than eighteen years of age, or use of a child in a sexual perform-
5 ance as defined in section 263.05 of the penal law, the [period] APPLI-
6 CABLE STATUTE of [limitation] LIMITATIONS, IF ANY, shall not begin to
7 run until the child has reached the age of eighteen or the offense is
8 reported to a law enforcement agency or statewide central register of
9 child abuse and maltreatment, whichever occurs earlier.
10 S 3. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.
