Statement From Senator Skelos Regarding The Statute Of Limitations For Rape


For the last decade, the Senate has passed legislation that would enable law enforcement to prosecute rapists after the five-year statute of limitations period has expired. In fact, we passed three separate versions of the legislation in 2000 to address the Assembly’s objections and facilitate its ultimate enactment. Despite broad, bipartisan support in the Senate, however, these efforts and the pleas of victims have fallen upon deaf ears.

Today, I introduced new legislation proposed by Governor Pataki that goes even further to address the Assembly’s concerns by tolling the statute of limitations in those cases where DNA evidence has been collected. Hopefully, Assemblyman Rivera’s press conference reflects growing support for this commonsense legislation in the Assembly Majority and portends its passage.

Senate Action Regarding the Statute of Limitations for Rape

S.4839-A increases statute of limitations from 5 years to 10 years for class B felony rape

S.7034 eliminates statute of limitations for class B violent felonies

S.8212 similar

S.8213 similar

S.5640 (Gov. Program Bill) eliminates statute of limitations for class B violent felonies and requires all convicted criminals to submit DNA to state databank

S.5640 see 2001

S.5554 (Gov. Program Bill) similar to S.5640

S.5554 see 2003

Note: Today, Senator Skelos introduced Governor Pataki’s 2005 Program Bill tolling the statute of limitations indefinitely for all crimes wherein DNA evidence has been collected and expanding the state’s DNA databank.