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Assembly Bill A7681

2013-2014 Legislative Session

Eliminates statute of limitations in criminal actions for certain sex offenses committed against a child less than eighteen years of age

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Archive: Last Bill Status - In Assembly Committee

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2013-A7681 (ACTIVE) - Details

See Senate Version of this Bill:
S5613
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L

2013-A7681 (ACTIVE) - Summary

Eliminates statute of limitations in criminal actions for certain sex offenses committed against a child less than eighteen years of age.

2013-A7681 (ACTIVE) - Bill Text download pdf 

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

                                  7681

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 30, 2013
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the criminal procedure law, in relation to the timeli-
  ness of prosecutions for certain  sex  offenses  committed  against  a
  minor

  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] 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 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. The provisions of this act shall be severable, and if any clause,
sentence, paragraph, subdivision or part of this act shall  be  adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph,  subdi-
vision  or  part  thereof  directly involved in the controversy in which
such judgment shall have been rendered.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05811-02-3

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