THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO AND CALTAGIRONE, JUNE 19, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 19, 2012  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

further providing for tolling limitations of civil actions,

for unlimited time to bring criminal actions and for

limitation of serious criminal actions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5533(b)(2)(i) of Title 42 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 5533.  Infancy, insanity or imprisonment.

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(b)  Infancy.--

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(2)  (i)  If an individual entitled to bring a civil

action arising from childhood sexual abuse is under 18

years of age at the time the cause of action accrues, the

individual shall have a period of [12] 32 years after

attaining 18 years of age in which to commence an action

for damages regardless of whether the individual files a

criminal complaint regarding the childhood sexual abuse.

* * *

Section 2.  Section 5551 of Title 42 is amended by adding a

paragraph to read:

§ 5551.  No limitation applicable.

A prosecution for the following offenses may be commenced at

any time:

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(7)  An offense under any of the following provisions of

Title 18 (relating to crimes and offenses) if the victim is

under 18 years of age:

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 sexual

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 (relating to sexual abuse of children).

Section 6320 (relating to sexual exploitation of

children).

Section 3.  Section 5552(b.1), (c)(3) and (c.1) of Title 42

are amended to read:

§ 5552.  Other offenses.

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(b.1)  Major sexual offenses.--[A] Except as set forth in

section 5551(7) (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).

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:

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[(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

children).]

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(c.1)  Genetic identification evidence.--Notwithstanding any

provision of law to the contrary, if evidence of [a misdemeanor

sexual] an offense [set forth in subsection (c)(3)] under 18

Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating

to indecent exposure) 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.

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Section 4.  This act shall take effect in 60 days.