Bill Text: PA SB195 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for statutes of limitations for certain offenses.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2011-01-19 - Referred to JUDICIARY [SB195 Detail]

Download: Pennsylvania-2011-SB195-Introduced.html

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PRINTER'S NO. 160
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 195 Session of2011
INTRODUCED BY BOSCOLA, TARTAGLIONE, ERICKSON, KASUNIC, BREWSTER, FONTANA AND ALLOWAY, JANUARY 19, 2011
REFERRED TO JUDICIARY, JANUARY 19, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
statutes of limitations for certain offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5551 and 5552 of Title 42 of the
Pennsylvania Consolidated Statutes 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
(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 violation of 18 Pa.C.S. (relating to crimes and
offenses) as follows:
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
assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 6312(b) (relating to sexual abuse of
children).
§ 5552. Other offenses.
(a) General rule.--Except as otherwise provided in this
subchapter, a prosecution for an offense must be commenced
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within two years after it is committed.
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
(1) Under the following provisions of Title 18 (relating
to crimes and offenses):
Section 901 (relating to criminal attempt) involving
attempt to commit murder where no murder occurs.
Section 902 (relating to criminal solicitation)
involving solicitation to commit murder where no murder
occurs.
Section 903 (relating to criminal conspiracy)
involving conspiracy to commit murder where no murder
occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2713 (relating to neglect of care-dependent
person).
Section 2901 (relating to kidnapping).
Section 3301 (relating to arson and related
offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or
disposition) through section [3933 (relating to unlawful
use of computer)] 3932 (relating to theft of leased
property).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent
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business practices).
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4117 (relating to insurance fraud).
Section 4701 (relating to bribery in official and
political matters) through section 4703 (relating to
retaliation for past official action).
Section 4902 (relating to perjury) through section
4912 (relating to impersonating a public servant).
Section 4952 (relating to intimidation of witnesses
or victims).
Section 4953 (relating to retaliation against
witness, victim or party).
Section 5101 (relating to obstructing administration
of law or other governmental function).
Section 5111 (relating to dealing in proceeds of
unlawful activities).
Section 5512 (relating to lotteries, etc.) through
section 5514 (relating to pool selling and bookmaking).
Section 5902(b) (relating to prostitution and related
offenses).
Section 6111(g)(2) and (4) (relating to sale or
transfer of firearms).
Section 7611 (relating to unlawful use of computer
and other computer crimes).
(2) Any offense punishable under section 13(f) of the
act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
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(3) Any conspiracy to commit any of the offenses set
forth in paragraphs (1) and (2) and any solicitation to
commit any of the offenses in paragraphs (1) and (2) if the
solicitation results in the completed offense.
(4) Under the act of June 13, 1967 (P.L.31, No.21),
known as the Public Welfare Code.
(5) Under the act of November 24, 1998 (P.L.874,
No.110), known as the Motor Vehicle Chop Shop and Illegally
Obtained and Altered Property Act.
[(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)] or (b) 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.
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(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
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
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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.
(c.1) Genetic identification evidence.--Notwithstanding any
provision of law to the contrary, if evidence of a misdemeanor
sexual offense set forth in subsection (c)(3) 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.
(d) Commission of offense.--An offense is committed either
when every element occurs, or, if a legislative purpose to
prohibit a continuing course of conduct plainly appears, at the
time when the course of conduct or the complicity of the
defendant therein is terminated. Time starts to run on the day
after the offense is committed.
(e) Commencement of prosecution.--Except as otherwise
provided by general rule adopted pursuant to section 5503
(relating to commencement of matters), a prosecution is
commenced either when an indictment is found or an information
under section 8931(b) (relating to indictment and information)
is issued, or when a warrant, summons or citation is issued, if
such warrant, summons or citation is executed without
unreasonable delay.
Section 2. This act shall take effect in 60 days.
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