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Assembly Bill A753

2009-2010 Legislative Session

Abolishes the criminal statute of limitations for sexual offenses committed against children

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Archive: Last Bill Status - Stricken

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2009-A753 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L

2009-A753 (ACTIVE) - Summary

Abolishes the criminal statute of limitations for sexual offenses committed against children including for incest and the use of a child in a sexual performance.

2009-A753 (ACTIVE) - Bill Text download pdf 

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

                                   753

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. McDONOUGH, KOLB, ERRIGO, CALHOUN, FINCH, SCOZZA-
  FAVA -- Multi-Sponsored by -- M. of A. QUINN, THIELE -- read once  and
  referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law, in relation to abolishing
  the statute of limitations for sexual offenses committed against chil-
  dren

  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] A
PROSECUTION FOR ANY SEX OFFENSE 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 performance as defined in section 263.05 of the penal  law,  [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] MAY BE COMMENCED AT ANY TIME.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01470-01-9

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