Bill Text: PA HB398 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for limitations of criminal actions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-13 - Referred to JUDICIARY [HB398 Detail]

Download: Pennsylvania-2009-HB398-Introduced.html

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PRINTER'S NO. 443
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 398 Session of2009
INTRODUCED BY YOUNGBLOOD, CRUZ, BEYER, DePASQUALE, GRUCELA, MURT, SIPTROTH, BELFANTI, MOUL, HORNAMAN AND GINGRICH, FEBRUARY 13, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
limitations of criminal actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5551 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(4.1) An offense under the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
(i) Section 3121 (relating to rape).
(ii) Section 3123 (relating to involuntary deviate
sexual intercourse).
* * *
Section 2. Section 5552(b.1) and (c)(3) of Title 42 are
amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--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
intercourse).]
Section 3124.1 (relating to sexual assault).
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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).
* * *
Section 3. The addition of 42 Pa.C.S. § 5551(4.1) shall
apply to offenses as to which the applicable period of
limitations has not expired on the effective date of this
section.
Section 4. This act shall take effect in 60 days.
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