Bill S530-2011

Relates to removing the statute of limitations for sexual offenses

Relates to removing the statute of limitations for sexual offenses committed against minors.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S530

TITLE OF BILL:

An act to amend the criminal procedure law, in relation to removing the statute of limitations for sex offenses committed against minors

PURPOSE:

To eliminate the statute of limitations for sexual offenses against minors.

SUMMARY OF PROVISIONS:

This bill amends paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as previously amended by chapters 3 and 320 of the laws of 2006, to provide that the statute of limitations for a prosecution for a sexual offense against a child less than 18 years of age, other than for a sex offense for which the statute of limitations has already been eliminated, the applicable period of limitation shall not begin to run until the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment. If the offense was reported before the child reached eighteen, the period of limitations shall not begin to run until the child has reached the age of eighteen.

The bill also adds sexual performance by a child with a controlled substance or alcohol, as defined in section 263.30 of the penal law, to the list of child sex crimes that are subject to this provision.

JUSTIFICATION:

Current law allows sex offenses committed against a child to be prosecuted for up to two or five years, depending on the crime, after the offense is reported to the relevant authorities or after the child turns 18, whichever occurs earlier. This legislation recognizes that young people may not be willing or able to report prior sexual abuse as soon as they turn 18, and would allow prosecutions whenever the complaint is made, as is already the case for other serious sex crimes. The exception to this would be if the offense was reported before the child turns 18. In that instance, the period of limitations would begin to accrue when the child turns 18, as opposed to when the crime is reported, as the current law states.

LEGISLATIVE HISTORY:

2012 - S.1848-A REFERRED TO CODES 2008 - S.8772 - REFERRED TO RULES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of November following enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 530 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, ALESI, MAZIARZ, RANZENHOFER -- 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 removing the statute of limitations for sex offenses committed against minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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, 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] OR FACILITATING A SEXUAL PERFORMANCE BY A CHILD WITH A CONTROLLED SUBSTANCE OR ALCOHOL AS DEFINED IN SECTION 263.30 OF THE PENAL LAW, THE PERIOD OF LIMITATION SHALL NOT BEGIN TO RUN UNTIL the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, [whichever occurs earlier] PROVIDED, HOWEVER, IF THE OFFENSE WAS REPORTED BEFORE THE CHILD REACHED EIGHTEEN YEARS OF AGE, THE PERIOD OF LIMITATIONS SHALL NOT BEGIN TO RUN UNTIL THE CHILD HAS REACHED THE AGE OF EIGHTEEN. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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