senate Bill S1738

Provides that the statute of limitations on class B violent felonies is eliminated

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Provides that the statute of limitations on class B violent felonies is eliminated.

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Bill Details

Versions:
S1738
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S1567

Sponsor Memo

BILL NUMBER:S1738

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to eliminating the
statute of limitations for class B violent felonies

PURPOSE:
This bill is designed to enhance public safety and protect victims of
violent crime by removing the current five year statute of
limitations with respect to the prosecution of B violent felony
offenses, thereby enabling prosecutors to commence such criminal
actions at any time.

SUMMARY OF PROVISIONS:
Amends 30.10(2) of the criminal procedure law by providing that a B
violent felony criminal action may be commenced at any time.

Amends 30.10(3) of the criminal procedure law to make certain
conforming and technical changes.

JUSTIFICATION:
Statutes of limitations in criminal cases require the legislature to
balance protecting a defendant's interests in defending themselves
and protecting citizens. By setting a maximum time within which a
prosecution must be commenced, statutes of limitation, however, are
not constitutionally derived; rather they reflect "legislative
agreements of relative interests of the State and the defendant in
administering and receiving justice."

In balancing between the conflicting policies of preserving an
individual's right to defend himself or herself after the passage of
time, the legislature determined that certain crimes are so serious,
so damaging to the fabric of ordered society that no statute of
limitations should apply. As such the legislature exempted from the
statute of limitations all class A felony offenses, which include
crimes such as murder in the first and second degrees, arson and
kidnapping in the first degrees, and the highest level of drug
offenses.

By exempting class A felonies from the statute of limitations, current
law adequately recognizes that offenders who commit class A felonies
often cause lasting harm, not only to victims and their families, but
also to our system of justice. Other law must be strengthened to
provide clear recognition of the gravity of violent, serious crimes
and the compelling importance of prosecuting serious offenders, by
extending the statute of limitations. The bill accomplishes that end
by removing the statute of limitations for class B violent felony
offenses.

LEGISLATIVE HISTORY:

S.5321 - Passed Senate in 2004
S.2214 of 2005-06 - Passed Senate both years
S.454 of 2008-09 - Passed Senate both years
S.1567 of 2009-10 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on and after such date as well as to offenses committed
prior thereto, provided that this act shall not apply to offenses
committed prior to such date on which the prosecution thereof was
barred under the provisions of section 30.10 of the criminal
procedure law in effect immediately prior to such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1738

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens. GOLDEN, JOHNSON -- read twice and ordered printed,
  and when printed to be committed 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:

  Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
criminal  procedure  law, as amended by chapter 467 of the laws of 2008,
is amended to read as follows:
  (a) A prosecution for a class A felony, A CLASS B VIOLENT  FELONY,  or
rape  in the first degree as defined in section 130.35 of the penal law,
or a crime defined or formerly defined in section 130.50  of  the  penal
law,  or  aggravated  sexual  abuse  in  the  first degree as defined in
section 130.70 of the penal law, or course of sexual conduct  against  a
child  in the first degree as defined in section 130.75 of the penal law
may be commenced at any time;
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
offenses committed on and after such date as well as to offenses commit-
ted  prior  thereto,  provided that this act shall not apply to offenses
committed prior to such date on which the prosecution thereof was barred
under the provisions of section 30.10 of the criminal procedure  law  in
effect immediately prior to such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04089-01-1

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