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Assembly Bill A8988

2009-2010 Legislative Session

Relates to removing the statute of limitations for sexual offenses

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Archive: Last Bill Status - In Assembly Committee

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2009-A8988 (ACTIVE) - Details

See Senate Version of this Bill:
S1848
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A533, S530
2013-2014: A3701, S2250
2015-2016: A3177, S850
2017-2018: A1806

2009-A8988 (ACTIVE) - Summary

Relates to removing the statute of limitations for sexual offenses committed against minors.

2009-A8988 (ACTIVE) - Sponsor Memo

2009-A8988 (ACTIVE) - Bill Text download pdf 

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

                                  8988

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced  by M. of A. PEOPLES -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to removing  the
  statute of limitations for sex offenses committed against minors

  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
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 of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or] OR FACILITATING A SEXUAL PERFORMANCE  BY  A  CHILD  WITH  A
CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS  DEFINED IN SECTION 263.30 OF THE
PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN  TO  RUN  UNTIL  the
offense  is  reported  to  a law enforcement agency or statewide central
register of child abuse and  maltreatment,  [whichever  occurs  earlier]
PROVIDED,  HOWEVER, IF THE OFFENSE WAS REPORTED BEFORE THE CHILD REACHED
EIGHTEEN YEARS OF AGE, THE PERIOD OF LIMITATIONS SHALL NOT BEGIN TO  RUN
UNTIL THE CHILD HAS REACHED THE AGE OF EIGHTEEN.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05262-04-9

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