What's happening
This bill eliminates the statute of limitations for class B violent felonies, allowing prosecution at any time.
Why it matters
Expands prosecutorial reach for serious crimes. By removing the statute of limitations for class B violent felonies, this bill allows prosecutors to bring charges against alleged offenders no matter how much time has passed since the incident, potentially resulting in more victims being able to seek justice.
Potential impact on victims and evidence. Victims who were previously unable or unwilling to come forward within the statutory period now have the opportunity to pursue criminal charges, but cases may be complicated by the challenges of gathering reliable evidence and witness testimony after many years.
Retroactivity with limits. The change applies to both future and past offenses, unless the case was already barred by the statute of limitations before the law takes effect. This gives some past victims a new legal avenue, but does not reopen cases that were already time-barred.
Broader deterrence and legal consequences. The elimination of time limits for prosecution may deter potential offenders and signal a stronger commitment to addressing violent crime, while also raising questions about fairness and due process for defendants facing very old allegations.
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Who cares
Headline styles
End Felony Time Limits
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3418
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
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 Assembly, 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 sexual 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;
§ 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 performance as defined in section 263.05 of the penal law, the period of limitation 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08476-01-7
A. 3418 2
§ 3. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.