BILL NUMBER: S1436                 Revised 03/12/18

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the statute
of limitation for sex offenses committed against a child

 
PURPOSE:

To extend the statute of limitations for certain sex crimes committed
against minors.

 
SUMMARY OF PROVISIONS:

Section 1 amends Paragraph (f) of Subdivision 3 of Section 30.10 of the
Criminal Procedure Law to increase the age, from eighteen to thirty-
three, at which the statute of limitation begins to run for certain sex
crimes committed against children.

Section 2 provides the effective date.
              

 
EXISTING LAW:

Section 30.10 of the Criminal Procedure Law relates to the timeliness of
prosecutions and periods of limitation. The section provides a criminal
action must be commenced within the period of limitation prescribed in
the ensuing subdivisions of this section.

Section 30.10(2)(a) of the Criminal Procedure Law provides, except as
otherwise provided in subdivision three, a prosecution for a class A
felony, or rape in the first degree, or a crime defined or formerly
defined in section 130.50 of the Penal Law, or aggravated sexual abuse
in, or course of sexual conduct against a child, may be commenced at any
time.

Section 30.10(3)(f) of the Criminal Procedure Law provides, for purposes
of a prosecution involving a sexual offense as defined in Article 130 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
committed against a child less than eighteen years of age, or use of a
child in a sexual performance, the period of limitation shall not begin
to run until the child has reached the age of eighteen or the offense is
reported to a law enforcement agency or statewide central register of
child abuse and maltreatment, whichever occurs earlier.

Article 130 of the Penal Law provides defines the following crimes:  sex
offenses, rape, criminal sexual acts, forcible touching, persistent
sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual
conduct against a child, female genital mutilation, facilitating a sex
offense with a controlled substance, sexually motivated felony, predato-
ry sexual assault, and predator sexual assault against a child.

 
JUSTIFICATION:

Sex crimes, particularly those committed against children, are among the
most heinous and disturbing of our society. These are crimes that leave
life-long scars and require a comprehensive strategy to combat.
Currently, the statute of limitations begins to run on sex crimes
against minors when the victim turns eighteen. Often, victims of child-
hood sexual abuse do not come to terms with their abuse until well into
adulthood. This legislation changes that age to thirty-three, giving
more opportunity for those who were victimized as children of sex crimes
to report the crime.

 
LEGISLATIVE HISTORY:

2015-2016: S.3103-B Referred to Codes.
2013-2014: S.5491 Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.