STATE OF NEW YORK
________________________________________________________________________
3959--A
2013-2014 Regular Sessions
IN SENATE
March 1, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07253-03-3
S. 3959--A 2
1 statewide central register of child abuse and maltreatment, whichever
2 occurs earlier.
3 § 3. This act shall take effect immediately and shall apply to
4 offenses committed on and after such date as well as to offenses commit-
5 ted prior thereto, provided that this act shall not apply to offenses
6 committed prior to such date on which the prosecution thereof was barred
7 under the provisions of section 30.10 of the criminal procedure law in
8 effect immediately prior to such date.
