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Senate Bill S5613

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 Senate Committee Codes Committee

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2013-S5613 (ACTIVE) - Details

See Assembly Version of this Bill:
A7681
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง30.10, CP L

2013-S5613 (ACTIVE) - Summary

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

2013-S5613 (ACTIVE) - Sponsor Memo

2013-S5613 (ACTIVE) - Bill Text download pdf 

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

                                  5613

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 28, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed 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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