Bill Text: PA HB2488 | 2011-2012 | Regular Session | Introduced

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Bill Title: In limitation of time, further providing for tolling limitations of civil actions, for unlimited time to bring criminal actions and for limitation of serious criminal actions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-09-24 - Laid on the table [HB2488 Detail]

Download: Pennsylvania-2011-HB2488-Introduced.html

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PRINTER'S NO. 3787
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2488 Session of2012
INTRODUCED BY MARSICO AND CALTAGIRONE, JUNE 19, 2012
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for tolling limitations of civil actions,
for unlimited time to bring criminal actions and for
limitation of serious criminal actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b)(2)(i) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) (i) If an individual entitled to bring a civil
action arising from childhood sexual abuse is under 18
years of age at the time the cause of action accrues, the
individual shall have a period of [12] 32 years after
attaining 18 years of age in which to commence an action
for damages regardless of whether the individual files a
criminal complaint regarding the childhood sexual abuse.
* * *
Section 2. Section 5551 of Title 42 is amended by adding a
paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(7) An offense under any of the following provisions of
Title 18 (relating to crimes and offenses) if the victim is
under 18 years of age:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent sexual
assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
Section 6320 (relating to sexual exploitation of
children).
Section 3. Section 5552(b.1), (c)(3) and (c.1) of Title 42
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are amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--[A] Except as set forth in
section 5551(7) (relating to no limitation applicable), a
prosecution for any of the following offenses under Title 18
must be commenced within 12 years after it is committed:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
[Section 6312 (relating to sexual abuse of children).]
(c) Exceptions.--If the period prescribed in subsection (a),
(b) or (b.1) has expired, a prosecution may nevertheless be
commenced for:
* * *
[(3) Any sexual offense committed against a minor who is
less than 18 years of age any time up to the later of the
period of limitation provided by law after the minor has
reached 18 years of age or the date the minor reaches 50
years of age. As used in this paragraph, the term "sexual
offense" means a crime under the following provisions of
Title 18 (relating to crimes and offenses):
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
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intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children).
Section 6301 (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of
children).
Section 6320 (relating to sexual exploitation of
children).]
* * *
(c.1) Genetic identification evidence.--Notwithstanding any
provision of law to the contrary, if evidence of [a misdemeanor
sexual] an offense [set forth in subsection (c)(3)] under 18
Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating
to indecent exposure) or a felony offense is obtained containing
human deoxyribonucleic acid (DNA) which is subsequently used to
identify an otherwise unidentified individual as the perpetrator
of the offense, the prosecution of the offense may be commenced
within the period of limitations provided for the offense or one
year after the identity of the individual is determined,
whichever is later.
* * *
Section 4. This act shall take effect in 60 days.
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