S T A T E O F N E W Y O R K
________________________________________________________________________
8745
2019-2020 Regular Sessions
I N A S S E M B L Y
November 25, 2019
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Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to removing
statute of limitations for certain child sexual assault crimes; and to
repeal paragraph (e) of subdivision 3 of section 30.10 of such law
relating thereto
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 315 of the laws of 2019,
is amended to read as follows:
(a) A prosecution for a class A felony, or RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION TWO OF SECTION 130.25 OF THE PENAL LAW, OR RAPE
IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.30 OF
THE PENAL LAW, OR rape in the first degree as defined in section 130.35
of the penal law, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED
IN SUBDIVISION TWO OF SECTION 130.40 OF THE PENAL LAW, OR CRIMINAL SEXU-
AL ACT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
130.45 OF THE PENAL LAW, or a crime defined or formerly defined in
section 130.50 of the penal law, OR SEXUAL ABUSE IN THE SECOND DEGREE AS
DEFINED IN SUBDIVISION TWO OF SECTION 130.60 OF THE PENAL LAW, OR SEXUAL
ABUSE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF
SECTION 130.65 OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN THE
FOURTH DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
130.65-A OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN THE THIRD
DEGREE AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66
OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.67 OF THE
PENAL LAW, or aggravated sexual 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14108-01-9
A. 8745 2
OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 130.80 OF THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT
AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, or incest
in the first degree as defined in section 255.27 of the penal law, OR
USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF
THE PENAL LAW, may be commenced at any time;
§ 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal
procedure law, as amended by chapter 11 of the laws of 2019, 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 offense delineated in paragraph (a) of subdivision two of this
section, committed against a child less than eighteen years of age,] A
PROSECUTION FOR 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
performance as defined in section 263.05 of the penal law,] the period
of limitation shall not begin to run until the child has reached the age
of twenty-three or the offense is reported to a law enforcement agency
or statewide central register of child abuse and maltreatment, whichever
occurs earlier.
§ 3. Paragraph (e) of subdivision 3 of section 30.10 of the criminal
procedure law is REPEALED.
§ 4. This act shall take effect immediately.