Assembly Bill A6189

2011-2012 Legislative Session

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

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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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2011-A6189 (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 2009-2010 Legislative Session:
A6560

2011-A6189 (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.

2011-A6189 (ACTIVE) - Bill Text download pdf 

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

                                  6189

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced by M. of A. MURRAY -- 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the  criminal  procedure  law  are REPEALED, paragraph (g) is relettered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.
                                                           LBD10025-01-1

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