S T A T E   O F   N E W   Y O R K
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                                  9181

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred 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 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
statewide central register of child abuse  and  maltreatment,  whichever
occurs earlier.
  S  3.  This  act  shall  take  effect  immediately  and shall apply to
offenses committed on and after such date as well as to offenses commit-
ted prior thereto, provided that this act shall not  apply  to  offenses
committed prior to such date on which the prosecution thereof was barred
under  the  provisions of section 30.10 of the criminal procedure law in
effect immediately prior to such date.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07253-04-4