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

                                  3077

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  KOON,  CYMBROWITZ,  ROBINSON, HEVESI, GALEF,
  LAVINE, EDDINGTON, SCHROEDER -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA, CLARK, DelMONTE, MAGEE, MAYERSOHN, PHEFFER, REILLY,  N. RIVERA,
  SWEENEY,  WEISENBERG  --  read  once  and referred to the Committee on
  Codes

AN ACT to amend the criminal procedure law, in relation  to  eliminating
  the  statute  of  limitations  for the prosecution of violent felonies
  involving a sexual offense

  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, 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 sexu-
al  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] A VIOLENT FELONY INVOLVING A
SEXUAL  OFFENSE  AS DEFINED IN SECTION 130.35, 130.50, 130.65, 130.65-A,
130.66, 130.67, 130.70, 130.75  OR  130.80  OF  THE  PENAL  LAW  may  be
commenced at any time;
  S  2.  Paragraphs (e) and (f) of subdivision 3 of section 30.10 of the
criminal procedure law, paragraph (e) as amended by  chapter  3  of  the
laws  of  2006 and paragraph (f) as separately amended by chapters 3 and
320 of the laws of 2006, are amended to read as follows:
  (e) [A prosecution for course of sexual conduct against a child in the
second degree as defined in section 130.80  of  the  penal  law  may  be
commenced  within five years of the commission of the most recent act of
sexual conduct.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02517-01-9

              

A. 3077                             2

  (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]  APPLI-
CABLE  STATUTE  of  [limitation] LIMITATIONS, IF ANY, 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.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.