S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3418
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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;
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08476-01-7

 A. 3418                             2
 
   §  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.