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S2250Senate2013-2014 SessionSame asA3701

Relates to removing the statute of limitations for sexual offenses

Sponsor Jeffrey D. KleinSD-34+6 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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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.

A3701Assembly

Relates to removing the statute of limitations for sexual offenses

In Assembly Committee · Codes · Sponsor Crystal Peoples-Stokes

Full text

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

Sponsor's memo

BILL NUMBER:S2250

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

Section 1: Amends paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, 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. 530 - REFERRED TO CODES 2010 - S.1848-A REFERRED TO CODES 2008 - S.8772 - REFERRED TO RULES

Fiscal implications

None.

Effective date

The first of November following enactment.

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