S T A T E O F N E W Y O R K
________________________________________________________________________
6718
2011-2012 Regular Sessions
I N A S S E M B L Y
March 25, 2011
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Introduced by M. of A. JOHNS, HEVESI, P. RIVERA, BURLING, RAIA, CROUCH
-- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN, OAKS, THIELE --
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.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09261-01-1
A. 6718 2
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.