Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jun 17, 2009 |
referred to codes |
Assembly Bill A8988
2009-2010 Legislative Session
Sponsored By
PEOPLES-STOKES
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A8988 (ACTIVE) - Details
2009-A8988 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8988 TITLE OF BILL: An act to amend the criminal procedure law, in relation to removing the statute of limitations for sex offenses committed against minors PURPOSE: Relates to extending the statute of limitations for sexual offenses against minors. SUMMARY OF PROVISIONS: This bill amends paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as previously amended by chapters 3 and 320 of the laws of 2006 to provide that the statute of limitations for a prosecution for a sexual offense against a child less than 18 years of age, other than for a sex offense for which the statute of limitations has already been eliminated, the applicable period of limitation shall not begin to run until the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, unless the offense was reported before the child reached eighteen, in which case the period of limitations shall not begin to run until the child has reached the age of eighteen. JUSTIFICATION: Current law allows sex offenses committed against a child to be prosecuted for up to two or five years, depending on the crime, after the offense is reported to the relevant authorities or after the child turns 18, whichever occurs earlier. This legislation recognizes that young people may not be willing or able to report prior
2009-A8988 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8988 2009-2010 Regular Sessions I N A S S E M B L Y June 17, 2009 ___________ Introduced by M. of A. PEOPLES -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to removing the statute of limitations for sex offenses committed against minors 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 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] OR FACILITATING A SEXUAL PERFORMANCE BY A CHILD WITH A CONTROLLED SUBSTANCE OR ALCOHOL AS DEFINED IN SECTION 263.30 OF THE PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN TO RUN UNTIL the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, [whichever occurs earlier] PROVIDED, HOWEVER, IF THE OFFENSE WAS REPORTED BEFORE THE CHILD REACHED EIGHTEEN YEARS OF AGE, THE PERIOD OF LIMITATIONS SHALL NOT BEGIN TO RUN UNTIL THE CHILD HAS REACHED THE AGE OF EIGHTEEN. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05262-04-9
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