NY State Senate Bill 2019-S5198A

Senate Bill S5198A

2019-2020 Legislative Session

Relates to eliminating the statute of limitations for certain crimes of rape and criminal sexual act

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
May 15, 2019	advanced to third reading
May 14, 2019	2nd report cal.
May 13, 2019	1st report cal.674
May 09, 2019	print number 5198a
May 09, 2019	amend (t) and recommit to codes
Apr 15, 2019	referred to codes

Votes

- May 13, 2019 - Codes Committee Vote
  S5198A
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 13, 2019
      
      aye (12)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Gallivan
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Lanza
      
      Myrie
      
      Savino
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2019-S5198 - Details

See Assembly Version of this Bill:: A10636
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: A814

2019-S5198 - Summary

Relates to eliminating the statute of limitations for certain crimes of rape and criminal sexual act.

2019-S5198 - Sponsor Memo

                                
 
BILL NUMBER: S5198

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to the statute of limitations for rape in the second and third
degree

 
PURPOSE:

Ensure victims of sexual violence have a full opportunity to obtain
justice and are no longer barred by an arbitrary running clock.

 
SUMMARY OF PROVISIONS:

Sections one amends the criminal procedure law to remove the statute of
limitations for rape in the second and rape in the third degree

Section two establishes the effective date.

 
JUSTIFICATION:

New York has been a leader when it comes to women's justice. In 2015,
the "Enough is Enough" Law was passed to combat sexual assault on
college campuses. In 2016, legislation was passed to require timely
testing of sexual offense evidence collection kits and in 2018, sexual
offense evidence kit retention was increased from 30 days to 20 years.

However, as forward-thinking as our great state has been we have still
fallen short for so many regarding the statute of limitations for rape
cases. Under current law, a ticking clock is imposed on how long victims
are able to come forward if they want to seek charges.  Unfairly, sexual
violence perpetrators may never be prosecuted because the clock runs
against the trauma of victims and the culture of silence around these
offenses, not the offender's irreprehensible crimes.

While New York has removed the statute of limitation for Rape in the
First degree, a five-year statute of limitations still remains in effect
for Rape in the Second and Third degrees. We can do better.  As stated
in the 2019 Women's Justice Agenda, elimination of these statutes of
limitations will put New York in line with the many states across the
nation that have lengthened or eliminated the statutes of limitations
for these crimes and truly allow victims the full opportunity to obtain
justice.

 
LEGISLATIVE HISTORY:

New Bill,

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S5198 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5198
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  the  statute
   of limitations for rape in the second and third degree
 
   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, RAPE IN THE SECOND DEGREE AS
 DEFINED IN SECTION 130.30, RAPE  IN  THE  THIRD  DEGREE  AS  DEFINED  IN
 SECTION 130.25, 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;
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10760-01-9

co-Sponsors

View additional co-sponsors

2019-S5198A (ACTIVE) - Details

See Assembly Version of this Bill:: A10636
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: A814

2019-S5198A (ACTIVE) - Summary

Relates to eliminating the statute of limitations for certain crimes of rape and criminal sexual act.

2019-S5198A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5198A

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to the statute of limitations for certain crimes of rape and
criminal sexual act

 
PURPOSE:

Ensure victims of sexual violence have a full opportunity to obtain
justice and are no longer barred by an arbitrary running clock.

 
SUMMARY OF PROVISIONS:

Sections one amends the criminal procedure law to remove the statute of
limitations for rape in the second and rape in the third degree

Section two establishes the effective date.

 
JUSTIFICATION:

New York has been a leader when it comes to women's justice. In 2015,
the "Enough is Enough" Law was passed to combat sexual assault on
college campuses. In 2016, legislation was passed to require timely
testing of sexual offense evidence collection kits and in 2018, sexual
offense evidence kit retention was increased from 30 days to 20 years.

However, as forward-thinking as our great state has been we have still
fallen short for so many regarding the statute of limitations for rape
and criminal sexual act cases. Under current law, a ticking clock is
imposed on how long victims are able to come forward if they want to
seek charges. Unfairly, sexual violence perpetrators may never be prose-
cuted because the clock runs against the trauma of victims and the
culture of silence around these offenses, not the offender's irreprehen-
sible crimes.

While New York has removed the statute of limitation for Rape in the
First degree, a five-year statute of limitations still remains in effect
for Rape in the Second and Third degrees as well as criminal sexual
acts. We can do better. As stated in the 2019 Women's Justice Agenda,
elimination of these statutes of limitations will put New York in line
with the many states across the nation that have lengthened or elimi-
nated the statutes of limitations for these crimes and truly allow
victims the full opportunity to obtain justice.

 
LEGISLATIVE HISTORY:

New Bill,

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S5198A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5198--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 the statute
   of limitations for certain crimes of rape and criminal sexual act
 
   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, RAPE IN THE SECOND DEGREE AS
 DEFINED  IN  SUBDIVISION TWO OF SECTION 130.30 OF THE PENAL LAW, RAPE IN
 THE THIRD DEGREE AS DEFINED IN  SUBDIVISION  ONE  OR  THREE  OF  SECTION
 130.25  OF  THE  PENAL  LAW,  CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS
 DEFINED IN SUBDIVISION ONE OR THREE OF SECTION 130.40 OF THE PENAL  LAW,
 CRIMINAL  SEXUAL  ACT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO
 OF SECTION 130.45 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;
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10760-02-9

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