S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8745
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  removing
   statute of limitations for certain child sexual assault crimes; and to
   repeal  paragraph  (e)  of  subdivision 3 of section 30.10 of such law
   relating thereto

   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 315 of the laws  of  2019,
 is amended to read as follows:
   (a) A prosecution for a class A felony, or RAPE IN THE THIRD DEGREE AS
 DEFINED  IN  SUBDIVISION TWO OF SECTION 130.25 OF THE PENAL LAW, OR RAPE
 IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.30  OF
 THE  PENAL LAW, OR rape in the first degree as defined in section 130.35
 of the penal law, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS  DEFINED
 IN SUBDIVISION TWO OF SECTION 130.40 OF THE PENAL LAW, OR CRIMINAL SEXU-
 AL  ACT  IN  THE  SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
 130.45 OF THE PENAL LAW, or a  crime  defined  or  formerly  defined  in
 section 130.50 of the penal law, OR SEXUAL ABUSE IN THE SECOND DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 130.60 OF THE PENAL LAW, OR SEXUAL
 ABUSE  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF
 SECTION 130.65 OF THE PENAL LAW,  OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FOURTH  DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 130.65-A OF THE PENAL LAW, OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
 DEGREE  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66
 OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN  THE  SECOND  DEGREE  AS
 DEFINED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION 130.67 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14108-01-9

 A. 8745                             2
 
 OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD  IN  THE  SECOND  DEGREE  AS
 DEFINED  IN SECTION 130.80 OF THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT
 AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, or incest
 in  the  first  degree as defined in section 255.27 of the penal law, OR
 USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION  263.05  OF
 THE PENAL LAW, may be commenced at any time;
   §  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
 procedure law, as amended by chapter 11 of the laws of 2019, 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, committed against a child less than eighteen years of  age,]  A
 PROSECUTION  FOR  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 twenty-three or the offense is reported to a law  enforcement  agency
 or statewide central register of child abuse and maltreatment, whichever
 occurs earlier.
   §  3.  Paragraph (e) of subdivision 3 of section 30.10 of the criminal
 procedure law is REPEALED.
   § 4. This act shall take effect immediately.