Assembly Bill A6560

2009-2010 Legislative Session

Relates to the period of limitation for certain violent sex offenses; repealer

download bill text pdf

Sponsored By

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

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2009-A6560 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §30.10 sub 3 ¶¶(e) & (f), amd §30.10, CP L
Versions Introduced in 2011-2012 Legislative Session:
A6189

2009-A6560 (ACTIVE) - Summary

Provides that prosecutions of certain violent sex offenses where such offense was committed against a child less than eighteen years of age may be commenced within fifteen years after such child has reached the age of eighteen.

2009-A6560 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6560

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M. of A. SCOZZAFAVA, TEDISCO, SPANO, McDONOUGH, TOWNSEND
  -- Multi-Sponsored by -- M. of A.  ALFANO,  BACALLES,  BALL,  BARCLAY,
  BARRA, BOYLE, BURLING, BUTLER, CALHOUN, CONTE, CROUCH, DUPREY, ERRIGO,
  FINCH,  FITZPATRICK,  GIGLIO, HAWLEY, HAYES, KOLB, P. LOPEZ, McKEVITT,
  MILLER, MOLINARO, OAKS, O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADI-
  NO, SAYWARD, THIELE, WALKER -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to the period of
  limitation for the prosecution of sex offenses committed against chil-
  dren; and to repeal paragraphs (e) and (f) of subdivision 3 of section
  30.10 of such law relating to timeliness of the prosecution of  course
  of sexual conduct offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (e) and (f) of subdivision 3 of section 30.10 of
the criminal procedure law are REPEALED,  paragraph  (g)  is  relettered
paragraph (f) and a new paragraph (e) is added to read as follows:
  (E)  A  PROSECUTION  FOR  A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW, OTHER THAN A SEXUAL OFFENSE DELINEATED IN PARA-
GRAPH (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 PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL
LAW, MAY BE COMMENCED WITHIN FIFTEEN YEARS AFTER SUCH CHILD HAS  REACHED
THE AGE OF EIGHTEEN.
  S  2.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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