Assembly Bill A5887

2009-2010 Legislative Session

Eliminates periods of limitation for class B felony sex offenses: first degree rape, criminal sexual act, aggravated sexual abuse, course of sexual conduct against a child in the first degree

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5887 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L

2009-A5887 (ACTIVE) - Summary

Eliminates periods of limitation for the prosecution of class B felony sex offenses: rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, and course of sexual conduct against a child in the first degree; applies to prosecutions not time-barred on the effective date of this act.

2009-A5887 (ACTIVE) - Bill Text download pdf 

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

                                  5887

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M. of A. ESPAILLAT, PERALTA, SCHROEDER, WRIGHT -- Multi-
  Sponsored by -- M. of A. ALFANO, BOYLAND,  HOOPER  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to eliminating
  periods of limitation for  the  prosecution  of  class  B  felony  sex
  offenses

  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 SEXUAL ABUSE IN
THE THIRD DEGREE AS DEFINED IN SECTION  130.55  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 all
class B sex offenses as to the prosecution of which the period of  limi-
tation has not expired on the effective date of this act.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09099-01-9

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