Senate Bill S1738

                                BILL NUMBER:S1738

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to eliminating the
statute of limitations for class B violent felonies

PURPOSE:
This bill is designed to enhance public safety and protect victims of
violent crime by removing the current five year statute of
limitations with respect to the prosecution of B violent felony
offenses, thereby enabling prosecutors to commence such criminal
actions at any time.

SUMMARY OF PROVISIONS:
Amends 30.10(2) of the criminal procedure law by providing that a B
violent felony criminal action may be commenced at any time.

Amends 30.10(3) of the criminal procedure law to make certain
conforming and technical changes.

JUSTIFICATION:
Statutes of limitations in criminal cases require the legislature to
balance protecting a defendant's interests in defending themselves
and protecting citizens. By setting a maximum time within which a
prosecution must be commenced, statutes of limitation, however, are
              

not constitutionally derived; rather they reflect "legislative
agreements of relative interests of the State and the defendant in
administering and receiving justice."

In balancing between the conflicting policies of preserving an
individual's right to defend himself or herself after the passage of
time, the legislature determined that certain crimes are so serious,
so damaging to the fabric of ordered society that no statute of
limitations should apply. As such the legislature exempted from the
statute of limitations all class A felony offenses, which include
crimes such as murder in the first and second degrees, arson and
kidnapping in the first degrees, and the highest level of drug
offenses.

By exempting class A felonies from the statute of limitations, current
law adequately recognizes that offenders who commit class A felonies
often cause lasting harm, not only to victims and their families, but
also to our system of justice. Other law must be strengthened to
provide clear recognition of the gravity of violent, serious crimes
and the compelling importance of prosecuting serious offenders, by
extending the statute of limitations. The bill accomplishes that end
by removing the statute of limitations for class B violent felony
offenses.

LEGISLATIVE HISTORY:

S.5321 - Passed Senate in 2004
S.2214 of 2005-06 - Passed Senate both years
S.454 of 2008-09 - Passed Senate both years
S.1567 of 2009-10 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to offenses
committed on and after such date as well as to offenses committed
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.