Relates to the timeliness of prosecutions for assaults committed against children; establishes the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported, whichever occurs earlier.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4944
SPONSOR: Blankenbush (MS) TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the timeliness of prosecutions for assaults committed
against children
PURPOSE OR GENERAL IDEA OF BILL: To provide child victims of assault
the same statute of limitations that is currently afforded to child
victims of sex crimes.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Adds a new paragraph (g) to
subdivision 3 of section 30.10 of Criminal Procedure Law to provide that
for the purposes of a prosecution involving assaults as defined in
section 120.01 (reckless assault of a child by a child day care provid-
er), section 120.05 (assault in the second degree), section 120.12
(aggravated assault upon a person less than 11 years old); and section
120.10 (assault in the first degree), section 120.20 (reckless endanger-
ment in the second degree) and section 120.25 (reckless endangerment of
a child in the first degree) when committed against a child less than 18
years of age; or the crime of endangering the welfare of a child
(section 260.1 0), the period of limitation shall not begin to run until
the child has reached the age of 18 or the offense is reported to a law
enforcement agency or statewide central register of child abuse and
maltreatment, whichever occurs earlier.
Section 2: Provides the effective date.
JUSTIFICATION: Under current law, the statute of limitations for most
class A misdemeanors, including endangering the welfare of a child, is
two years and the statute of limitations for most felonies is five
years, from commission of the crime. A 1996 law tolls the statute of
limitations for most sex offenses committed against children less than
18 years of age, to provide that it shall not begin to run until the
child has reached 18 years of age or the offense is reported to a law
enforcement agency or statewide central register, whichever occurs
first.
The statute of limitations for assaults committed against children
should not be treated any differently. In a 2006 "Primetime Live"
episode, a father from upstate New York was caught on tape repeatedly
punching his IS-year-old adolescent daughter. This father's behavior was
criminal and punishable by the misdemeanor crime of endangering the
welfare of a child. Unfortunately, this segment was filmed over three
years ago and the two year statute of limitations for this misdemeanor
crime has expired. The delay in reporting this very troubling incident
to law enforcement and other appropriate agencies prevented any criminal
prosecution for all involved in this aired incident.
Like sexual abuse, physical abuse is passed on from generation to gener-
ation. This bill will provide the same statute of limitations to child
victims of assault that is currently afforded to child victims of sex
crimes. Child assault victims will receive the extra time they need to
come to terms with the abuse and seek the necessary recourse/services in
order to heal.
PRIOR LEGISLATIVE HISTORY:
2011-2012: A.6142, Held for consideration in Codes
2010: A6819, Held for consideration in Codes
2008: A9523, held in Codes
2007: A.6613 (similar), Not considered in Codes
2006: A.11603, Not considered in Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE:
This Act shall take effect on the ninetieth day after it shall have
become a law and shall apply to offenses committed on or after such
effective date.
