Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
Jan 12, 2011 |
referred to codes |
Senate Bill S1738
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
co-Sponsors
(R, C, IP) Senate District
2011-S1738 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง30.10, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S1567
2013-2014: S3959
2011-S1738 (ACTIVE) - Sponsor Memo
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
2011-S1738 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1738 2011-2012 Regular Sessions I N S E N A T E January 12, 2011 ___________ Introduced by Sens. GOLDEN, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to eliminating the statute of limitations for class B violent felonies 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 467 of the laws of 2008, is amended to read as follows: (a) A prosecution for a class A felony, A CLASS B VIOLENT FELONY, or rape in the first degree as defined in section 130.35 of the penal law, or a crime defined or formerly defined in section 130.50 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 may be commenced at any time; 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. LBD04089-01-1
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