Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Nov 25, 2013 |
print number 3959a |
Nov 25, 2013 |
amend and recommit to codes |
Mar 01, 2013 |
referred to codes |
Senate Bill S3959A
2013-2014 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
Bill Amendments
2013-S3959 - Details
2013-S3959 - Sponsor Memo
BILL NUMBER:S3959 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: The purpose of this bill is to enhance public safety and protect victims of violent crime by removing the current five year statute of limitations applicable to the prosecution of most Class B violent felony offenses, thereby enabling prosecutors to bring charges for Class B violent felony crimes at any time. SUMMARY OF PROVISIONS: Section 1 amends section 30.10(2)(a) of the criminal procedure law by providing that a B violent felony criminal action may be commenced at any time Section 2 amends section 30.10(3) of the criminal procedure law to make conforming changes. Section 3 establishes that this bill shall take effect immediately, subject to conditions. EXISTING LAW: Current law establishes a five-year statute of limitations for most Class B violent felony offenses, with the
2013-S3959 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3959 2013-2014 Regular Sessions I N S E N A T E March 1, 2013 ___________ Introduced by Sen. GOLDEN -- 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[, 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 sexu- al 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] OR A CLASS B VIOLENT FELONY as defined in [section 130.75 of] the penal law may be commenced at any time; S 2. 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] A CLASS B VIOLENT FELONY, 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, the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07253-02-3
2013-S3959A (ACTIVE) - Details
2013-S3959A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3959A 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: The purpose of this bill is to enhance public safety and protect victims of violent crime by removing the current five year statute of limitations applicable to the prosecution of most Class B violent felony offenses, thereby enabling orosecutors to brina charges for Class B violent felony crimes at any time. SUMMARY OF PROVISIONS: Section 1 amends section 30.10(2) (a) of the criminal procedure law by providing that a class B violent felony criminal action may be commenced at any time. Section 2 amends paragraph f, section 30.10(3) of the criminal procedure law to make comforming changes. Section 3 establishes that this bill shall take effect immediately, subject to conditions.
2013-S3959A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3959--A 2013-2014 Regular Sessions I N S E N A T E March 1, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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[, 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 sexu- al 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] OR A CLASS B VIOLENT FELONY may be commenced at any time; S 2. 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] AN 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 the offense is reported to a law enforcement agency or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07253-03-3
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