Bill Text: PA SB879 | 2011-2012 | Regular Session | Introduced

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Bill Title: In limitation of time, providing for limitation for life of victim; and further providing for no limitation applicable and for other offenses.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-22 - Referred to JUDICIARY [SB879 Detail]

Download: Pennsylvania-2011-SB879-Introduced.html

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PRINTER'S NO. 894
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 879 Session of2011
INTRODUCED BY RAFFERTY, TARTAGLIONE, BROWNE, ORIE, ERICKSON, PIPPY, BREWSTER, FONTANA, BAKER, M. WHITE, BOSCOLA, WOZNIAK, PICCOLA, FARNESE AND ALLOWAY, MARCH 22, 2011
REFERRED TO JUDICIARY, MARCH 22, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for limitation for life of victim; and further
providing for no limitation applicable and for other
offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5530.1. Limitation for life of victim.
Notwithstanding any other provision of this subchapter except
sections 5521 (relating to limitations on foreign claims) and
5531 (relating to no limitation), a civil action against a
person or other entity for damages resulting from a violation of
any of the following provisions of 18 Pa.C.S. (relating to
crimes and offenses) may be commenced at any time during the
life of the victim if:
(1) the victim was less than 14 years of age at the time
of commission of the criminal offense; and
(2) the criminal offense was committed on or after the
effective date of this section:
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).
Section 6320 (relating to sexual exploitation of
children).
Section 2. Sections 5551 and 5552(b.1) of Title 42 are
amended to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
(1) Murder.
(2) Voluntary manslaughter.
(3) Conspiracy to commit murder or solicitation to
commit murder if a murder results from the conspiracy or
solicitation.
(4) Any felony alleged to have been perpetrated in
connection with a murder of the first or second degree, as
set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to
murder).
(5) A violation of 75 Pa.C.S. § 3742 (relating to
accidents involving death or personal injury) or 3732
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(relating to homicide by vehicle) if the accused was the
driver of a vehicle involved in an accident resulting in the
death of any person.
(6) A violation of 18 Pa.C.S. § 2702(a)(1), (2), (4) or
(7) (relating to aggravated assault) if the accused knew the
victim was a law enforcement officer and the law enforcement
officer was acting within the scope of the officer's duties.
(7) Any of the following provisions of 18 Pa.C.S.
(relating to crimes and offenses) if the victim or
complainant was less than 14 years of age at the time of
commission of the offense:
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 sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
Section 6320 (relating to sexual exploitation of
children).
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--[A] Except as provided in
section 5551(1) (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).
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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).
* * *
Section 3. This act shall apply to civil actions instituted
after the effective date of this section.
Section 4. This act shall take effect immediately.
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