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A8988Assembly2009-2010 SessionSame asS1848

Relates to removing the statute of limitations for sexual offenses

Sponsor Crystal Peoples-StokesAD-141Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Crystal Peoples-Stokes

Assembly Member · Assembly District 141

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1848Senate

Relates to removing the statute of limitations for sexual offenses

In Senate Committee · Codes · Sponsor Jeffrey D. Klein

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8988

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

Relates to extending 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, unless the offense was reported before the child reached eighteen, in which case the period of limitations shall not begin to run until the child has reached the age of eighteen.

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 when- ever 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

2008 - 8.8772 - Referred to Rules

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.