PRIOR PRINTER'S NO. 1625 PRINTER'S NO. 1827
No. 1271 Session of 1998
INTRODUCED BY ARMSTRONG, FEBRUARY 2, 1998
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 24, 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 REASONABLE <-- 2 costs associated with the litigation of the action. If an action 3 is 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. A27L42JLW/19980S1271B1827 - 2 -