Legislation
SECTION 302.2
Statute of limitations
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 1
§ 302.2. Statute of limitations. A juvenile delinquency proceeding
must be commenced within the period of limitation prescribed in section
30.10 of the criminal procedure law or, unless the alleged act is a
designated felony as defined in subdivision eight of section 301.2 of
this part or is an act allegedly committed when the respondent was aged
sixteen years or older, commenced before the respondent's eighteenth
birthday, whichever occurs earlier, provided however, that consistent
with subdivision four of section 302.1 of this part, a proceeding
commenced for an act allegedly committed when the respondent was aged
sixteen years or older shall be considered timely if it is commenced
within such period of limitation prescribed in section 30.10 of the
criminal procedure law or prior to the respondent's twentieth birthday,
whichever occurs earlier, regardless of whether the action had
originally been commenced prior to the respondent's eighteenth birthday
in a youth part of a superior court. When the alleged act constitutes a
designated felony as defined in subdivision eight of section 301.2 of
this part or is an act allegedly committed when the respondent was aged
sixteen years or older, such proceeding must be commenced within such
period of limitation or before the respondent's twentieth birthday,
whichever occurs earlier.
must be commenced within the period of limitation prescribed in section
30.10 of the criminal procedure law or, unless the alleged act is a
designated felony as defined in subdivision eight of section 301.2 of
this part or is an act allegedly committed when the respondent was aged
sixteen years or older, commenced before the respondent's eighteenth
birthday, whichever occurs earlier, provided however, that consistent
with subdivision four of section 302.1 of this part, a proceeding
commenced for an act allegedly committed when the respondent was aged
sixteen years or older shall be considered timely if it is commenced
within such period of limitation prescribed in section 30.10 of the
criminal procedure law or prior to the respondent's twentieth birthday,
whichever occurs earlier, regardless of whether the action had
originally been commenced prior to the respondent's eighteenth birthday
in a youth part of a superior court. When the alleged act constitutes a
designated felony as defined in subdivision eight of section 301.2 of
this part or is an act allegedly committed when the respondent was aged
sixteen years or older, such proceeding must be commenced within such
period of limitation or before the respondent's twentieth birthday,
whichever occurs earlier.