Provides for a ten year statute of limitations for assault in the first degree committed against a member of the same family or household.
Summary
This bill would amend New York’s Criminal Procedure Law to create a specific statute of limitations for first-degree assault cases involving domestic or household relationships. Under the proposal, a prosecution for assault in the first degree committed against a member of the same family or household would have to be commenced within ten years after the offense. The bill applies only to the most serious assault charge covered by Penal Law section 120.10 and ties the protected relationship to the existing definition of “same family or household” in the family offense provisions of the law.
The measure would add a new exception to the general limitations rules in section 30.10 of the Criminal Procedure Law. If enacted, it would give prosecutors a longer window to bring charges in qualifying domestic violence-related assault cases, while still imposing a time limit rather than making the offense fully open-ended. The bill takes effect immediately upon enactment.
Impact
The bill would modify New York’s criminal procedure statute of limitations framework by adding a new ten-year limitations period for first-degree assault offenses committed against family or household members. It would affect prosecutors, defense counsel, and victims in domestic violence-related felony assault cases by extending the time available to initiate criminal proceedings in those matters. The bill does not change the definition of assault itself or the underlying penalties, but it would create a targeted procedural rule for a specific category of violent offenses.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a public-safety and victim-protection proposal, with no recorded committee debate or votes in the provided materials. The absence of opposition statements or recorded roll-call history suggests there is not enough contextual evidence to identify a divided reception. Overall, the bill’s purpose is straightforward and likely to be viewed as supportive of domestic violence enforcement and survivor access to justice.
Contention
The main policy question raised by the bill is whether first-degree assault in a family or household setting should receive a longer limitations period than other assault offenses, balancing the interests of victims and prosecutors against the defendant’s interest in finality and timely prosecution. Potential concerns could include evidentiary challenges in older cases and whether the ten-year period is sufficient for serious domestic violence incidents that may be delayed in reporting. No specific objections or supporters are identified in the provided transcripts or voting history.