Senate Bill S3959A

                                BILL NUMBER:S3959A

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to eliminating the statute of limitations for class B violent
felonies

PURPOSE:

The purpose of this bill is to enhance public safety and protect
victims of violent crime by removing the current five year statute of
limitations applicable to the prosecution of most Class B violent
felony offenses, thereby enabling orosecutors to brina charges for
Class B violent felony crimes at any time.

SUMMARY OF PROVISIONS:

Section 1 amends section 30.10(2) (a) of the criminal procedure law by
providing that a class B violent felony criminal action may be
commenced at any time.

Section 2 amends paragraph f, section 30.10(3) of the criminal
procedure law to make comforming changes.

Section 3 establishes that this bill shall take effect immediately,
subject to conditions.

              

Existing Law:

Current law establishes a five-year statute of limitations for most
Class B violent felony offenses, with the exceptions listed in Section
3010(2)(a).

JUSTIFICATION:

A statute of limitations refers to the time within which a prosecutor
must file charges against a defendant, or, in a civil suit, the time
within which a plaintiff must commence a claim against a defendant.
Statutes of limitations in criminal protect the interest of the
accused in the timely prosecution of crimes, and ensure that people at
risk of prosecution, along with potential witnesses who may be called
to testify, are able to move on with their lives. However, this
interest is not absolute, and in certain cases must yield to the
State's equally important interest in providing -justice - especially
where the crime at issue is severe. Crimes involving death, serious
bodily injury, or other heinous conduct cannot go unpunished.

That is why current law does not impose a statute of limitations for
the prosecution of class A felonies, in addition certain sexual
offenses.

The current list of crimes without a statute of limitations is too
restrictive, however. This list includes only several of the crimes
designated as Class B violent felony offenses in section 70.02(1)(a)
of the Penal Law. Notably absent from this list are first degree
manslaughter, first degree kidnabping, first degree assault, first
degree robbery, and several sexual crimes involving children (although
tolling provisions apply to some of these), among others. The


individuals responsible for these serious, violent crimes should not
be able to escape justice by pleading the running of a statute of
limitations as a defense. Given the violent, heinous nature of these
crimes, the State's interest in providing justice should prevail. This
bill does that by eliminating the statute of limitations for all Class
violent felonies.

LEGISLATIVE HISTORY:

S.3959 of 2013 - Referred to Codes
S.1738 of 2012 -Referred to Codes both years
S.1567 of 2009-10-Referred to Codes both years
S.454 of 2003-09-Passed Senate both years
S.2214 of Passed Senate both years
S.5321 of 2004-03- Passed Senate both years

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to offenses
committed on and after such date as well as to offenses committed
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