senate Bill S530

Relates to removing the statute of limitations for sexual offenses

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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

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

Summary

Relates to removing the statute of limitations for sexual offenses committed against minors.

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Bill Details

See Assembly Version of this Bill:
A533
Versions:
S530
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1848A, A8988
2007-2008: S8772, S8772

Sponsor Memo

BILL NUMBER:S530

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to removing
the statute of limitations for sex offenses committed against minors

PURPOSE:

To eliminate the statute of limitations for sexual offenses against
minors.

SUMMARY OF PROVISIONS:

This bill amends paragraph (f) of subdivision 3 of section 30.10 of
the criminal procedure law, as previously amended by chapters 3 and
320 of the laws of 2006, to provide that the statute of limitations
for a prosecution for a sexual offense against a child less than 18
years of age, other than for a sex offense for which the statute of
limitations has already been eliminated, the applicable period of
limitation shall not begin to run until the offense is reported to a
law enforcement agency or statewide central register of child abuse
and maltreatment. If the offense was reported before the child reached
eighteen, the period of limitations shall not begin to run until the
child has reached the age of eighteen.

The bill also adds sexual performance by a child with a controlled
substance or alcohol, as defined in section 263.30 of the penal law,
to the list of child sex crimes that are subject to this provision.

JUSTIFICATION:

Current law allows sex offenses committed against a child to be
prosecuted for up to two or five years, depending on the crime, after
the offense is reported to the relevant authorities or after the child
turns 18, whichever occurs earlier. This legislation recognizes that
young people may not be willing or able to report prior sexual abuse
as soon as they turn 18, and would allow prosecutions whenever the
complaint is made, as is already the case for other serious sex
crimes. The exception to this would be if the offense was reported
before the child turns 18. In that instance, the period of limitations
would begin to accrue when the child turns 18, as opposed to when the
crime is reported, as the current law states.

LEGISLATIVE HISTORY:

2012 - S.1848-A REFERRED TO CODES
2008 - S.8772 - REFERRED TO RULES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November following enactment.


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

                                   530

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, ALESI, MAZIARZ, RANZENHOFER -- 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 removing  the
  statute of limitations for sex offenses committed against minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
criminal  procedure  law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
  (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance as defined in section 263.05 of the penal law, [the period of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or] OR FACILITATING A SEXUAL PERFORMANCE  BY  A  CHILD  WITH  A
CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS  DEFINED IN SECTION 263.30 OF THE
PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN  TO  RUN  UNTIL  the
offense  is  reported  to  a law enforcement agency or statewide central
register of child abuse and  maltreatment,  [whichever  occurs  earlier]
PROVIDED,  HOWEVER, IF THE OFFENSE WAS REPORTED BEFORE THE CHILD REACHED
EIGHTEEN YEARS OF AGE, THE PERIOD OF LIMITATIONS SHALL NOT BEGIN TO  RUN
UNTIL THE CHILD HAS REACHED THE AGE OF EIGHTEEN.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD04354-01-1

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