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Assembly Bill A3418

2017-2018 Legislative Session

Provides that the statute of limitations on class B violent felonies is eliminated

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Archive: Last Bill Status - In Assembly Committee

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2017-A3418 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9181
2015-2016: A4203

2017-A3418 (ACTIVE) - Summary

Eliminates the statute of limitations on class B violent felonies.

2017-A3418 (ACTIVE) - Bill Text download pdf 

                            
 
                     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.

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