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Pennsylvania State Senate
06/03/2024 06:44 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=38401
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: December 7, 2022 12:34 PM
From: Senator Michele Brooks
To: All Senate members
Subject: Extending the Statute of Limitations for Drug Delivery Resulting in Death
 
I plan to reintroduce legislation that will extend the statute of limitations for prosecuting crimes involving a drug delivery that resulted in death.

Under current law, Drug Delivery Resulting in Death (18 Pa.C.S. Section 2506) is a Felony 1, subject to a two-year statute of limitations under 42 Pa.C.S. Section 5552 (a). This time frame is far shorter than many other crimes resulting in death, such as voluntary manslaughter, murder in any degree, and accidents involving death or personal injury.

According to the Mercer County District Attorney and the Pennsylvania District Attorneys Association, this two-year time limit has interfered with the prosecution of an egregious case in northwestern Pennsylvania and is undoubtedly affecting prosecutions throughout the Commonwealth. By extending the statute of limitations from two years to five, this legislative oversight will be addressed, and we will be better able to bring parties who are responsible for a fatal overdose to justice.

Given the serious nature of such an offense, it is important that we are able to prosecute those charged with this crime, without the limitation of a tight two-year time frame.

This legislation was introduced as Senate Bill 61 in the 2021-2022 legislative session, and was cosponsored by Senators Yaw, Martin, Regan, Mensch, Pittman and Aument.

Thank you in advance for your support of this important piece of legislation. Please do not hesitate to contact my office with any questions.


Introduced as SB87