PRINTER'S NO. 1625
No. 1271 Session of 1998
INTRODUCED BY ARMSTRONG, FEBRUARY 2, 1998
REFERRED TO JUDICIARY, FEBRUARY 2, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 right of action regarding profits received as a result of the
4 commission of a crime.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8312(b) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 8312. Profits received as a result of commission of crime.
10 * * *
11 (b) Right of action.--Notwithstanding any inconsistent
12 provision of law or rules of civil procedure with respect to the
13 timely bringing of an action, any eligible person shall have the
14 right to bring a civil action in a court of competent
15 jurisdiction to recover money damages from a person convicted of
16 a crime or the legal representative of that convicted person
17 within three years of the discovery of any profits from a crime.
18 Any damages awarded in this action shall be recoverable only up
1 to the value of the profits from the crime and all costs
2 associated with the litigation of the action. If an action is
3 filed under this subsection after the expiration of all other
4 applicable statutes of limitation, any other eligible person
5 must file any action for damages as a result of the crime within
6 three years of the actual discovery of profits from the crime or
7 of actual notice received from or notice published by the board
8 of the discovery, whichever is later. If any profits from a
9 crime remain after the payment of claims made under this
10 section, the board shall have the right to bring a civil action
11 within two years in a court of competent jurisdiction to recover
12 any payments made by the board pursuant to Article IV of the act
13 of April 9, 1929 (P.L.177, No.175), known as The Administrative
14 Code of 1929, and any expenses incurred by the board pursuant to
15 Article IV of The Administrative Code of 1929 or this section
16 with regard to such crime or the person convicted of such crime.
17 * * *
18 Section 2. This act shall take effect in 60 days.
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