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                                                       PRINTER'S NO. 361

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 326 Session of 2007


        INTRODUCED BY RAFFERTY, ORIE, BOSCOLA, FONTANA, ERICKSON,
           TARTAGLIONE, RHOADES, WONDERLING, MUSTO, ARMSTRONG, CORMAN,
           WAUGH, COSTA, REGOLA, PICCOLA, PIPPY, STACK AND MELLOW,
           MARCH 12, 2007

        REFERRED TO JUDICIARY, MARCH 12, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, eliminating the statute
     3     of limitations for certain civil actions and sex offenses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 42 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 5530.1.  Limitation for life of victim.
     9     Notwithstanding any other provision of this subchapter except
    10  sections 5521 (relating to limitations on foreign claims) and
    11  5531 (relating to no limitation), a civil action against a
    12  person or other entity for damages resulting from a violation of
    13  any of the following provisions of 18 Pa.C.S. (relating to
    14  crimes and offenses) may be commenced at any time during the
    15  life of the victim if the victim was less than 14 years of age
    16  at the time of commission of the criminal offense and the
    17  criminal offense was committed on or after the effective date of


     1  this section:
     2         Section 3121 (relating to rape).
     3         Section 3122.1 (relating to statutory sexual assault).
     4         Section 3123 (relating to involuntary deviate sexual
     5     intercourse).
     6         Section 3124.1 (relating to sexual assault).
     7         Section 3125 (relating to aggravated indecent assault).
     8         Section 4302 (relating to incest).
     9         Section 6312 (relating to sexual abuse of children).
    10         Section 6320 (relating to sexual exploitation of
    11     children).
    12     Section 2.  Section 5551 of Title 42 is amended to read:
    13  § 5551.  No limitation applicable.
    14     A prosecution for the following offenses may be commenced at
    15  any time:
    16         (1)  Murder.
    17         (2)  Voluntary manslaughter.
    18         (3)  Conspiracy to commit murder or solicitation to
    19     commit murder if a murder results from the conspiracy or
    20     solicitation.
    21         (4)  Any felony alleged to have been perpetrated in
    22     connection with a murder of the first or second degree, as
    23     set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to
    24     murder).
    25         (5)  A violation of 75 Pa.C.S. § 3742 (relating to
    26     accidents involving death or personal injury) or 3732
    27     (relating to homicide by vehicle) if the accused was the
    28     driver of a vehicle involved in an accident resulting in the
    29     death of any person.
    30         (6)  Any of the following provisions of 18 Pa.C.S.
    20070S0326B0361                  - 2 -     

     1     (relating to crimes and offenses) if the victim or
     2     complainant was less than 14 years of age at the time of
     3     commission of the offense:
     4             Section 3121 (relating to rape).
     5             Section 3122.1 (relating to statutory sexual
     6         assault).
     7             Section 3123 (relating to involuntary deviate sexual
     8         intercourse).
     9             Section 3124.1 (relating sexual assault).
    10             Section 3125 (relating to aggravated indecent
    11         assault).
    12             Section 4302 (relating to incest).
    13             Section 6312 (relating to sexual abuse of children).
    14             Section 6320 (relating to sexual exploitation of
    15         children).
    16     Section 3.  Section 5552(b.1), amended July 7, 2006 (P.L.378,
    17  No.81), is amended to read:
    18  § 5552.  Other offenses.
    19     * * *
    20     (b.1)  Major sexual offenses.--[A] Except as provided in
    21  section 5551(6) (relating to no limitation applicable), a
    22  prosecution for any of the following offenses under Title 18
    23  must be commenced within 12 years after it is committed:
    24             Section 3121 (relating to rape).
    25             Section 3122.1 (relating to statutory sexual
    26         assault).
    27             Section 3123 (relating to involuntary deviate sexual
    28         intercourse).
    29             Section 3124.1 (relating to sexual assault).
    30             Section 3125 (relating to aggravated indecent
    20070S0326B0361                  - 3 -     

     1         assault).
     2             Section 4302 (relating to incest).
     3             Section 6312 (relating to sexual abuse of children).
     4     * * *
     5     Section 4.  This act shall apply to civil actions instituted
     6  after the effective date of this act.
     7     Section 5.  This act shall take effect immediately.
















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