PRINTER'S NO. 4263
No. 2782 Session of 2004
INTRODUCED BY STERN, PHILLIPS, LEDERER, R. STEVENSON, GEIST,
BARRAR, ARMSTRONG, SCAVELLO, GEORGE, BELFANTI, O'NEILL,
GOODMAN, COLEMAN, WEBER, STEIL, YOUNGBLOOD, STABACK, TIGUE,
HORSEY, TRUE, GILLESPIE, GOOD, McCALL, E. Z. TAYLOR AND BOYD,
JULY 1, 2004
REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 limitation of 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 (6) Any violation of Title 18 (relating to crimes and
13 offenses) as follows:
14 Section 3121 (relating to rape).
15 Section 3122.1 (relating to statutory sexual
16 assault).
17 Section 3123 (relating to involuntary deviate sexual
1 intercourse).
2 Section 3124.1 (relating to sexual assault).
3 Section 3124.2 (relating to institutional sexual
4 assault).
5 Section 3125 (relating to aggravated indecent
6 assault).
7 Section 3126 (relating to indecent assault).
8 Section 3127 (relating to indecent exposure).
9 Section 4302 (relating to incest).
10 Section 6312(b) (relating to sexual abuse of
11 children).
12 Section 2. Section 5552(b.1) and (c) of Title 42 are amended
13 to read:
14 § 5552. Other offenses.
15 * * *
16 [(b.1) Major sexual offenses.--A prosecution for any of the
17 following offenses must be commenced within 12 years after it is
18 committed:
19 Section 3121 (relating to rape).
20 Section 3122.1 (relating to statutory sexual
21 assault).
22 Section 3123 (relating to involuntary deviate sexual
23 intercourse).
24 Section 3124.1 (relating to sexual assault).
25 Section 3125 (relating to aggravated indecent
26 assault).
27 Section 4302 (relating to incest).
28 Section 6312 (relating to sexual abuse of children).]
29 (c) Exceptions.--If the period prescribed in subsection
30 (a)[,] or (b) [or (b.1)] has expired, a prosecution may
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1 nevertheless be commenced for:
2 (1) Any offense a material element of which is either
3 fraud or a breach of fiduciary obligation within one year
4 after discovery of the offense by an aggrieved party or by a
5 person who has a legal duty to represent an aggrieved party
6 and who is himself not a party to the offense, but in no case
7 shall this paragraph extend the period of limitation
8 otherwise applicable by more than three years.
9 (2) Any offense committed by a public officer or
10 employee in the course of or in connection with his office or
11 employment at any time when the defendant is in public office
12 or employment or within five years thereafter, but in no case
13 shall this paragraph extend the period of limitation
14 otherwise applicable by more than eight years.
15 (3) Any sexual offense committed against a minor who is
16 less than 18 years of age any time up to the period of
17 limitation provided by law after the minor has reached 18
18 years of age. As used in this paragraph, the term "sexual
19 offense" means a crime under the following provisions of
20 Title 18 (relating to crimes and offenses):
21 [Section 3121 (relating to rape).
22 Section 3122.1 (relating to statutory sexual
23 assault).
24 Section 3123 (relating to involuntary deviate sexual
25 intercourse).
26 Section 3124.1 (relating to sexual assault).
27 Section 3125 (relating to aggravated indecent
28 assault).
29 Section 3126 (relating to indecent assault).
30 Section 3127 (relating to indecent exposure).
20040H2782B4263 - 3 -
1 Section 4302 (relating to incest).]
2 Section 4304 (relating to endangering welfare of
3 children).
4 Section 6301 (relating to corruption of minors).
5 [Section 6312(b) (relating to sexual abuse of
6 children).]
7 * * *
8 Section 3. This act shall take effect in 60 days.
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