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                                                        PRINTER'S NO. 54

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 56 Session of 2005


        INTRODUCED BY YOUNGBLOOD, WATSON, GRUCELA, MANN, BELARDI,
           BELFANTI, CLYMER, E. Z. TAYLOR, WASHINGTON, FABRIZIO, BEBKO-
           JONES AND W. KELLER, JANUARY 25, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2005

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     limitations of criminal actions.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5551 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a paragraph to read:
     8  § 5551.  No limitation applicable.
     9     A prosecution for the following offenses may be commenced at
    10  any time:
    11         * * *
    12         (4.1)  An offense under the following provisions of 18
    13     Pa.C.S. (relating to crimes and offenses):
    14             (i)  Section 3121 (relating to rape).
    15             (ii)  Section 3123 (relating to involuntary deviate
    16         sexual intercourse).
    17         * * *
    18     Section 2.  Section 5552(b.1) and (c)(3) of Title 42 are

     1  amended to read:
     2  § 5552.  Other offenses.
     3     * * *
     4     (b.1)  Major sexual offenses.--A prosecution for any of the
     5  following offenses must be commenced within 12 years after it is
     6  committed:
     7             [Section 3121 (relating to rape).]
     8             Section 3122.1 (relating to statutory sexual
     9         assault).
    10             [Section 3123 (relating to involuntary deviate sexual
    11         intercourse).]
    12             Section 3124.1 (relating to sexual assault).
    13             Section 3125 (relating to aggravated indecent
    14         assault).
    15             Section 4302 (relating to incest).
    16             Section 6312 (relating to sexual abuse of children).
    17     (c)  Exceptions.--If the period prescribed in subsection (a),
    18  (b) or (b.1) has expired, a prosecution may nevertheless be
    19  commenced for:
    20         * * *
    21         (3)  Any sexual offense committed against a minor who is
    22     less than 18 years of age any time up to the period of
    23     limitation provided by law after the minor has reached 18
    24     years of age. As used in this paragraph, the term "sexual
    25     offense" means a crime under the following provisions of
    26     Title 18 (relating to crimes and offenses):
    27             [Section 3121 (relating to rape).]
    28             Section 3122.1 (relating to statutory sexual
    29         assault).
    30             [Section 3123 (relating to involuntary deviate sexual
    20050H0056B0054                  - 2 -     

     1         intercourse).]
     2             Section 3124.1 (relating to sexual assault).
     3             Section 3125 (relating to aggravated indecent
     4         assault).
     5             Section 3126 (relating to indecent assault).
     6             Section 3127 (relating to indecent exposure).
     7             Section 4302 (relating to incest).
     8             Section 4304 (relating to endangering welfare of
     9         children).
    10             Section 6301 (relating to corruption of minors).
    11             Section 6312(b) (relating to sexual abuse of
    12         children).
    13     * * *
    14     Section 3.  The addition of 42 Pa.C.S. § 5551(4.1) shall
    15  apply to offenses as to which the applicable period of
    16  limitations has not expired on the effective date of this
    17  section.
    18     Section 4.  This act shall take effect in 60 days.








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