Bill Text: PA HB498 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for the commencement of criminal prosecution for the offense of sexual abuse of children.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-04 - Referred to JUDICIARY [HB498 Detail]

Download: Pennsylvania-2011-HB498-Introduced.html

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PRINTER'S NO. 453
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 498 Session of2011
INTRODUCED BY M. O'BRIEN, CALTAGIRONE, JOSEPHS, CLYMER, BARRAR, FARRY, FRANKEL, GIBBONS, GOODMAN, GROVE, HARKINS, KOTIK, MANN, MURPHY, O'NEILL, PYLE, READSHAW, ROSS, SWANGER, TALLMAN, WAGNER AND YOUNGBLOOD, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for the
commencement of criminal prosecution for the offense of
sexual abuse of children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5552(b.1) and (e) of Title 42 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection 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).]
(b.2) Sexual abuse of children.--A prosecution for the
following offense under Title 18 must be commenced within 25
years after it is committed:
Section 6312 (relating to sexual abuse of children).
(c) Exceptions.--If the period prescribed in subsection (a),
(b) [or], (b.1) or (b.2) has expired, a prosecution may
nevertheless be commenced for:
(1) Any offense a material element of which is either
fraud or a breach of fiduciary obligation within one year
after discovery of the offense by an aggrieved party or by a
person who has a legal duty to represent an aggrieved party
and who is himself not a party to the offense, but in no case
shall this paragraph extend the period of limitation
otherwise applicable by more than three years.
(2) Any offense committed by a public officer or
employee in the course of or in connection with his office or
employment at any time when the defendant is in public office
or employment or within five years thereafter, but in no case
shall this paragraph extend the period of limitation
otherwise applicable by more than eight years.
(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
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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).
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).
(4) An offense in violation of 18 Pa.C.S. § 6111(c) or
(g), within one year of its discovery by State or local law
enforcement, but in no case shall this paragraph extend the
period of limitation otherwise applicable by more than eight
years.
* * *
Section 2. This act shall take effect in 60 days.
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