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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, TARTAGLIONE, BROWNE, ORIE, ERICKSON, PIPPY, BREWSTER, FONTANA, BAKER, M. WHITE, BOSCOLA, WOZNIAK, PICCOLA, FARNESE AND ALLOWAY, MARCH 22, 2011 |
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| REFERRED TO JUDICIARY, MARCH 22, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in limitation of time, |
3 | providing for limitation for life of victim; and further |
4 | providing for no limitation applicable and for other |
5 | offenses. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 42 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section to read: |
10 | § 5530.1. Limitation for life of victim. |
11 | Notwithstanding any other provision of this subchapter except |
12 | sections 5521 (relating to limitations on foreign claims) and |
13 | 5531 (relating to no limitation), a civil action against a |
14 | person or other entity for damages resulting from a violation of |
15 | any of the following provisions of 18 Pa.C.S. (relating to |
16 | crimes and offenses) may be commenced at any time during the |
17 | life of the victim if: |
18 | (1) the victim was less than 14 years of age at the time |
19 | of commission of the criminal offense; and |
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1 | (2) the criminal offense was committed on or after the |
2 | effective date of this section: |
3 | Section 3121 (relating to rape). |
4 | Section 3122.1 (relating to statutory sexual |
5 | assault). |
6 | Section 3123 (relating to involuntary deviate sexual |
7 | intercourse). |
8 | Section 3124.1 (relating to sexual assault). |
9 | Section 3125 (relating to aggravated indecent |
10 | assault). |
11 | Section 4302 (relating to incest). |
12 | Section 6312 (relating to sexual abuse of children). |
13 | Section 6320 (relating to sexual exploitation of |
14 | children). |
15 | Section 2. Sections 5551 and 5552(b.1) of Title 42 are |
16 | amended to read: |
17 | § 5551. No limitation applicable. |
18 | A prosecution for the following offenses may be commenced at |
19 | any time: |
20 | (1) Murder. |
21 | (2) Voluntary manslaughter. |
22 | (3) Conspiracy to commit murder or solicitation to |
23 | commit murder if a murder results from the conspiracy or |
24 | solicitation. |
25 | (4) Any felony alleged to have been perpetrated in |
26 | connection with a murder of the first or second degree, as |
27 | set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to |
28 | murder). |
29 | (5) A violation of 75 Pa.C.S. § 3742 (relating to |
30 | accidents involving death or personal injury) or 3732 |
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1 | (relating to homicide by vehicle) if the accused was the |
2 | driver of a vehicle involved in an accident resulting in the |
3 | death of any person. |
4 | (6) A violation of 18 Pa.C.S. § 2702(a)(1), (2), (4) or |
5 | (7) (relating to aggravated assault) if the accused knew the |
6 | victim was a law enforcement officer and the law enforcement |
7 | officer was acting within the scope of the officer's duties. |
8 | (7) Any of the following provisions of 18 Pa.C.S. |
9 | (relating to crimes and offenses) if the victim or |
10 | complainant was less than 14 years of age at the time of |
11 | commission of the offense: |
12 | Section 3121 (relating to rape). |
13 | Section 3122.1 (relating to statutory sexual |
14 | assault). |
15 | Section 3123 (relating to involuntary deviate sexual |
16 | intercourse). |
17 | Section 3124.1 (relating sexual assault). |
18 | Section 3125 (relating to aggravated indecent |
19 | assault). |
20 | Section 4302 (relating to incest). |
21 | Section 6312 (relating to sexual abuse of children). |
22 | Section 6320 (relating to sexual exploitation of |
23 | children). |
24 | § 5552. Other offenses. |
25 | * * * |
26 | (b.1) Major sexual offenses.--[A] Except as provided in |
27 | section 5551(1) (relating to no limitation applicable), a |
28 | prosecution for any of the following offenses under Title 18 |
29 | must be commenced within 12 years after it is committed: |
30 | Section 3121 (relating to rape). |
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1 | Section 3122.1 (relating to statutory sexual assault). |
2 | Section 3123 (relating to involuntary deviate sexual |
3 | intercourse). |
4 | Section 3124.1 (relating to sexual assault). |
5 | Section 3125 (relating to aggravated indecent assault). |
6 | Section 4302 (relating to incest). |
7 | Section 6312 (relating to sexual abuse of children). |
8 | * * * |
9 | Section 3. This act shall apply to civil actions instituted |
10 | after the effective date of this section. |
11 | Section 4. This act shall take effect immediately. |
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