PRINTER'S NO. 2099
No. 1504 Session of 2000
INTRODUCED BY GREENLEAF, O'PAKE, EARLL, HART, WHITE, COSTA,
TILGHMAN AND LEMMOND, AUGUST 23, 2000
REFERRED TO JUDICIARY, AUGUST 23, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, extending the period of
3 limitation in certain offenses when deoxyribonucleic acid
4 (DNA) evidence establishes the identity of a defendant.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5552(c) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 5552. Other offenses.
10 * * *
11 (c) Exceptions.--If the period prescribed in subsection (a)
12 or subsection (b) has expired, a prosecution may nevertheless be
13 commenced for:
14 (1) Any offense a material element of which is either
15 fraud or a breach of fiduciary obligation within one year
16 after discovery of the offense by an aggrieved party or by a
17 person who has a legal duty to represent an aggrieved party
18 and who is himself not a party to the offense, but in no case
1 shall this paragraph extend the period of limitation
2 otherwise applicable by more than three years.
3 (2) Any offense committed by a public officer or
4 employee in the course of or in connection with his office or
5 employment at any time when the defendant is in public office
6 or employment or within five years thereafter, but in no case
7 shall this paragraph extend the period of limitation
8 otherwise applicable by more than eight years.
9 (3) Any sexual offense committed against a minor who is
10 less than 18 years of age any time up to the period of
11 limitation provided by law after the minor has reached 18
12 years of age. As used in this paragraph, the term "sexual
13 offense" means a crime under the following provisions of
14 Title 18 (relating to crimes and offenses):
15 Section 3121 (relating to rape).
16 [Section 3122 (relating to statutory rape).]
17 Section 3122.1 (relating to statutory sexual
18 assault).
19 Section 3123 (relating to involuntary deviate sexual
20 intercourse).
21 [Section 3124 (relating to voluntary deviate sexual
22 intercourse).]
23 Section 3124.1 (relating to sexual assault).
24 Section 3125 (relating to aggravated indecent
25 assault).
26 Section 3126 (relating to indecent assault).
27 Section 3127 (relating to indecent exposure).
28 Section 4302 (relating to incest).
29 Section 4304 (relating to endangering welfare of
30 children).
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1 Section 6301 (relating to corruption of minors).
2 Section 6312(b) (relating to sexual abuse of
3 children).
4 (4) (i) Any sexual offense within one year after the
5 determination of the identity of the defendant through
6 forensic deoxyribonucleic acid (DNA) testing, as recorded
7 in the official records of the Combined DNA Indexing
8 System (CODIS), but in no case shall this paragraph
9 extend the period of limitation otherwise applicable by
10 more than seven years. As used in this paragraph, the
11 term "sexual offense" means a crime under the following
12 provisions of Title 18:
13 Section 3121.
14 Section 3123.
15 Section 3124.1.
16 Section 3125.
17 (ii) All biological evidence, including the rape
18 kit, relevant to the offense shall be preserved for
19 trial.
20 * * *
21 Section 2. This act shall expire December 31, 2006, unless
22 extended by the General Assembly.
23 Section 3. This act shall take effect in 60 days.
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