Bill Text: NY A09201 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Tolls the statute of limitations for prosecutions against a defendant charged with a sexual offense when the defendant is outside this state or where the whereabouts of the defendant is unknown.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-06 - enacting clause stricken [A09201 Detail]

Download: New_York-2011-A09201-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9201
                                 I N  A S S E M B L Y
                                   February 3, 2012
                                      ___________
       Introduced  by M. of A. HIKIND, CASTRO -- Multi-Sponsored by -- M. of A.
         BURLING, CERETTO, COOK, CROUCH, GRAF, GUNTHER, HOOPER,  JACOBS,  McDO-
         NOUGH,  McLAUGHLIN,  J. MILLER,  MURRAY, P. RIVERA, SALADINO, SCARBOR-
         OUGH, WEISENBERG -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to  tolling  the
         statute  of  limitations  for prosecutions against a defendant charged
         with a sexual offense when the defendant  is  outside  this  state  or
         where the whereabouts of the defendant are unknown
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section. Paragraph (a) of subdivision 4 of section 30.10 of the crimi-
    2  nal procedure law is amended to read as follows:
    3    (a) Any period following the commission of the  offense  during  which
    4  (i) the defendant was continuously outside this state or (ii) the where-
    5  abouts of the defendant were continuously unknown and continuously unas-
    6  certainable  by  the  exercise  of reasonable diligence. However, [in no
    7  event shall] EXCEPT IN THE CASE OF  A  PROSECUTION  INVOLVING  A  SEXUAL
    8  OFFENSE  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THE PENAL LAW,
    9  INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE PENAL  LAW,
   10  OR  THE  USE  OF  A  CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
   11  263.05 OF THE PENAL LAW, the period of limitation SHALL NOT be  extended
   12  by  more  than  five  years beyond the period otherwise applicable under
   13  subdivision two OF THIS SECTION.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13901-01-2