PRINTER'S NO. 1464

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1282 Session of 1987


        INTRODUCED BY D. W. SNYDER, MOEHLMANN, PRESSMANN, KOSINSKI,
           PICCOLA, HAGARTY, LASHINGER, REBER, WOGAN, FOSTER, NOYE,
           BOYES, TIGUE, ARGALL, COY, SHOWERS, BELFANTI, McHALE,
           BALDWIN, JADLOWIEC, McVERRY, MRKONIC, HECKLER, CLYMER,
           PHILLIPS, BIRMELIN, STABACK, O'BRIEN, LANGTRY, TRELLO,
           RITTER, E. Z. TAYLOR, ARTY, BATTISTO, RAYMOND, BELARDI,
           SEMMEL, BARLEY, VEON, JOHNSON, LEH, J. TAYLOR, PERZEL,
           SIRIANNI AND TELEK, MAY 4, 1987

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 4, 1987

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     time in which certain prosecutions must be commenced.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5552(b) of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 5552.  Other offenses.
     9     * * *
    10     (b)  Major offenses.--A prosecution for any of the following
    11  offenses must be commenced within five years after it is
    12  committed:
    13         (1)  Under the following provisions of Title 18 (relating
    14     to crimes and offenses):
    15             Section 911 (relating to corrupt organizations).


     1             Section 2706 (relating to terroristic threats).
     2             Section 2901 (relating to kidnapping).
     3             Section 3121 (relating to rape).
     4             Section 3123 (relating to involuntary deviate sexual
     5         intercourse).
     6             Section 3126 (relating to indecent assault) when the
     7         victim is less than 16 years of age.
     8             Section 3301 (relating to arson and related
     9         offenses).
    10             Section 3502 (relating to burglary).
    11             Section 3701 (relating to robbery).
    12             Section 3921 (relating to theft by unlawful taking or
    13         disposition) through section 3931 (relating to theft of
    14         unpublished dramas and musical compositions).
    15             Section 4101 (relating to forgery).
    16             Section 4108 (relating to commercial bribery and
    17         breach of duty to act disinterestedly).
    18             Section 4109 (relating to rigging publicly exhibited
    19         contest).
    20             Section 4302 (relating to incest).
    21             Section 4701 (relating to bribery in official and
    22         political matters) through section 4703 (relating to
    23         retaliation for past official action).
    24             Section 4902 (relating to perjury) through section
    25         4912 (relating to impersonating a public servant).
    26             Section 4952 (relating to intimidation of witnesses
    27         or victims).
    28             Section 4953 (relating to retaliation against witness
    29         or victim).
    30             Section 5101 (relating to obstructing administration
    19870H1282B1464                  - 2 -

     1         of law or other governmental function).
     2             Section 5512 (relating to lotteries, etc.) through
     3         section 5514 (relating to pool selling and bookmaking).
     4             Section 5902(b) (relating to prostitution and related
     5         offenses).
     6         (2)  Any offense punishable under section 13(f) of the
     7     act of April 14, 1972 (P.L.233, No.64), known as ["]The
     8     Controlled Substance, Drug, Device and Cosmetic Act.["]
     9         (3)  Any conspiracy to commit any of the offenses set
    10     forth in paragraphs (1) and (2) and any solicitation to
    11     commit any of the offenses in paragraphs (1) and (2) if the
    12     solicitation results in the completed offense.
    13         (4)  Under the act of June 13, 1967 (P.L.31, No.21),
    14     known as the ["]Public Welfare Code.["]
    15     * * *
    16     Section 2.  (a)  This act shall apply to crimes committed
    17  before the effective date of this act where the period for
    18  commencing a prosecution under the former provisions of section
    19  5552(b) has not expired on the effective date of this act.
    20     (b)  To the extent provided in subsection (a), this act shall
    21  be applied retroactively.
    22     Section 3.  This act shall take effect in 60 days.






    D28L42WMB/19870H1282B1464        - 3 -