S T A T E O F N E W Y O R K
________________________________________________________________________
9181
I N A S S E M B L Y
March 26, 2014
___________
Introduced by M. of A. DenDEKKER -- 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 class B violent felonies
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] OR A CLASS B VIOLENT FELONY
may be commenced at any time;
S 2. 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] AN 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.
S 3. This act shall take effect immediately and shall apply to
offenses committed on and after such date as well as to offenses commit-
ted prior thereto, provided that this act shall not apply to offenses
committed prior to such date on which the prosecution thereof was barred
under the provisions of section 30.10 of the criminal procedure law in
effect immediately prior to such date.
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