Pennsylvania Act 1990-208 — JUDICIAL CODE (42 PA.C.S) - AMEND STATUTE OF LIMITATIONS

Act text

JUDICIAL CODE (42 PA.C.S) - AMEND STATUTE OF LIMITATIONS
                 Act of Dec. 19, 1990, P.L. 1341, No. 208             Cl. 42
                             Session of 1990
                               No. 1990-208

                                  AN ACT

     HB 1228

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for the
        statute of limitations involving certain sexual offenses.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5552(c) of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5552.  Other offenses.
        * * *
        (c)  Exceptions.--If the period prescribed in subsection (a)
     or subsection (b) has expired, a prosecution may nevertheless be
     commenced for:
            (1)  Any offense a material element of which is either
        fraud or a breach of fiduciary obligation within one year
        after discovery of the offense by an aggrieved party or by a
        person who has a legal duty to represent an aggrieved party
        and who is himself not a party to the offense, but in no case
        shall this paragraph extend the period of limitation
        otherwise applicable by more than three years.
            (2)  Any offense committed by a public officer or
        employee in the course of or in connection with his office or
        employment at any time when the defendant is in public office
        or employment or within five years thereafter, but in no case
        shall this paragraph extend the period of limitation
        otherwise applicable by more than eight years.
            (3)  Any sexual offense committed against a minor who is
        less than 18 years of age any time up to the period of
        limitation provided by law after the minor has reached 18
        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 (relating to statutory rape).
                Section 3123 (relating to involuntary deviate sexual
            intercourse).
                Section 3124 (relating to voluntary deviate sexual
            intercourse).
                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 2.  This act shall take effect in 60 days.

     APPROVED--The 19th day of December, A. D. 1990.

     ROBERT P. CASEY