Provides that the statute of limitations on class B violent felonies is eliminated

BILL NUMBER:S3959A

Title of bill

An act to amend the criminal procedure law, in relation to eliminating the statute of limitations for class B violent felonies

Purpose

The purpose of this bill is to enhance public safety and protect victims of violent crime by removing the current five year statute of limitations applicable to the prosecution of most Class B violent felony offenses, thereby enabling orosecutors to brina charges for Class B violent felony crimes at any time.

Summary of provisions

Section 1 amends section 30.10(2) (a) of the criminal procedure law by providing that a class B violent felony criminal action may be commenced at any time.

Section 2 amends paragraph f, section 30.10(3) of the criminal procedure law to make comforming changes.

Section 3 establishes that this bill shall take effect immediately, subject to conditions.

Existing Law:

Current law establishes a five-year statute of limitations for most Class B violent felony offenses, with the exceptions listed in Section 3010(2)(a).

Justification

A statute of limitations refers to the time within which a prosecutor must file charges against a defendant, or, in a civil suit, the time within which a plaintiff must commence a claim against a defendant. Statutes of limitations in criminal protect the interest of the accused in the timely prosecution of crimes, and ensure that people at risk of prosecution, along with potential witnesses who may be called to testify, are able to move on with their lives. However, this interest is not absolute, and in certain cases must yield to the State's equally important interest in providing -justice - especially where the crime at issue is severe. Crimes involving death, serious bodily injury, or other heinous conduct cannot go unpunished.

That is why current law does not impose a statute of limitations for the prosecution of class A felonies, in addition certain sexual offenses.

The current list of crimes without a statute of limitations is too restrictive, however. This list includes only several of the crimes designated as Class B violent felony offenses in section 70.02(1)(a) of the Penal Law. Notably absent from this list are first degree manslaughter, first degree kidnabping, first degree assault, first degree robbery, and several sexual crimes involving children (although tolling provisions apply to some of these), among others. The

individuals responsible for these serious, violent crimes should not be able to escape justice by pleading the running of a statute of limitations as a defense. Given the violent, heinous nature of these crimes, the State's interest in providing justice should prevail. This bill does that by eliminating the statute of limitations for all Class violent felonies.

Legislative history

S.3959 of 2013 - Referred to Codes S.1738 of 2012 -Referred to Codes both years S.1567 of 2009-10-Referred to Codes both years S.454 of 2003-09-Passed Senate both years S.2214 of Passed Senate both years S.5321 of 2004-03- Passed Senate both years

Fiscal implications

None

Effective date

This act shall take effect immediately and shall apply to offenses committed on and after such date as well as to offenses committed 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