Tolls the statute of limitations for prosecutions against a defendant charged with a sexual offense when the defendant is outside this state or where the whereabouts of the defendant is unknown.
STATE OF NEW YORK
________________________________________________________________________
9201
IN ASSEMBLY
February 3, 2012
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Introduced by M. of A. HIKIND, CASTRO -- Multi-Sponsored by -- M. of A.
BURLING, CERETTO, COOK, CROUCH, GRAF, GUNTHER, HOOPER, JACOBS, McDO-
NOUGH, McLAUGHLIN, J. MILLER, MURRAY, P. RIVERA, SALADINO, SCARBOR-
OUGH, WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to tolling the
statute of limitations for prosecutions against a defendant charged
with a sexual offense when the defendant is outside this state or
where the whereabouts of the defendant are unknown
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section. Paragraph (a) of subdivision 4 of section 30.10 of the crimi-
2 nal procedure law is amended to read as follows:
3 (a) Any period following the commission of the offense during which
4 (i) the defendant was continuously outside this state or (ii) the where-
5 abouts of the defendant were continuously unknown and continuously unas-
6 certainable by the exercise of reasonable diligence. However, [in no
7 event shall] except in the case of a prosecution involving a sexual
8 offense as defined in article one hundred thirty of the penal law,
9 incest as defined in section 255.25, 255.26 or 255.27 of the penal law,
10 or the use of a child in a sexual performance as defined in section
11 263.05 of the penal law, the period of limitation shall not be extended
12 by more than five years beyond the period otherwise applicable under
13 subdivision two of this section.
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13901-01-2
