FCA § 302.2

Statute of limitations

§ 302.2. Statute of limitations. A juvenile delinquency proceeding must be commenced within the period of limitation prescribed in section 30.10 of the criminal procedure law or, unless the alleged act is a designated felony as defined in subdivision eight of section 301.2 of this part or is an act allegedly committed when the respondent was aged sixteen years or older, commenced before the respondent's eighteenth birthday, whichever occurs earlier, provided however, that consistent with subdivision four of section 302.1 of this part, a proceeding commenced for an act allegedly committed when the respondent was aged sixteen years or older shall be considered timely if it is commenced within such period of limitation prescribed in section 30.10 of the criminal procedure law or prior to the respondent's twentieth birthday, whichever occurs earlier, regardless of whether the action had originally been commenced prior to the respondent's eighteenth birthday in a youth part of a superior court. When the alleged act constitutes a designated felony as defined in subdivision eight of section 301.2 of this part or is an act allegedly committed when the respondent was aged sixteen years or older, such proceeding must be commenced within such period of limitation or before the respondent's twentieth birthday, whichever occurs earlier.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/302.2

In plain English

A JD proceeding must start within the CPL § 30.10 period or before the respondent's 18th birthday, whichever is earlier. ★ Exceptions: for a designated felony or an act committed at age 16+, the deadline is the CPL period or before the 20th birthday, whichever is earlier.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.