Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB261

Introduced
1/31/23  

Caption

In limitation of time, further providing for no limitation applicable.

Impact

By eliminating the statute of limitations for these severe offenses, SB261 aims to enhance justice for victims of crimes that may go unpunished due to the current time constraints. Proponents argue this change could lead to more prosecutions of abuse and assault cases, particularly those involving vulnerable populations such as minors and individuals with disabilities. The bill's implementation would enable law enforcement agencies and prosecutors to pursue long-delayed cases and potentially provide a sense of justice and closure for victims and their families.

Summary

Senate Bill 261 (SB261) seeks to amend Title 42 of the Pennsylvania Consolidated Statutes concerning the statute of limitations specifically related to serious criminal offenses. The bill proposes that certain crimes, namely murder, voluntary manslaughter, and various sexual offenses against minors or vulnerable individuals, may be prosecuted at any time without the constraints of a statute of limitations. This establishes a significant change in how such serious crimes are handled within the judicial system of Pennsylvania, allowing for continued prosecution even decades after the alleged offenses occur.

Sentiment

The sentiment surrounding SB261 is largely supportive among victim advocacy groups and certain political factions, who see it as a crucial modernization of Pennsylvania’s judicial practices regarding very serious crimes. However, there are also concerns from some legal scholars and practitioners about the implications for defendants and the potential for wrongful accusations resurfacing after extended periods. This divide highlights a fundamental tension between the quest for justice for victims and the rights of individuals who may be accused long after the alleged incident.

Contention

Notable points of contention include discussions on the balance between victim rights and defendant protections. Critics of SB261 suggest that the bill undermines legal protections that could lead to unfair trials, as evidence may degrade over time and memories may fade. Advocates argue that the importance of serving justice for heinous acts outweighs these concerns. Thus, the bill has sparked a broader conversation about how to support victims while ensuring due process for the accused.

Companion Bills

No companion bills found.

Previously Filed As

PA HB808

In limitation of time, further providing for no limitation applicable.

PA HB1614

In limitation of time, further providing for no limitation applicable.

PA SB578

In child protective services, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in particular rights and immunities, further providing for contracts or agreements for nondisclosure of certain conduct; and, in matters affecting government units, further providing for exceptions to sovereign immunity and for exceptions to governmental immunity.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA HB1326

In criminal homicide, repealing provisions relating to the offense of drug delivery resulting in death; in assault, providing for the offense of drug delivery resulting in death or serious bodily injury; in arson, criminal mischief and other property destruction, further providing for additional fine for arson committed for profit; in wiretapping and electronic surveillance, further providing for definitions; in limitation of time, further providing for no limitation applicable and for other offenses; and, in sentencing, further providing for sentences for second and subsequent offenses.

PA HB326

In criminal homicide, repealing provisions relating to the offense of drug delivery resulting in death; in assault, providing for the offense of drug delivery resulting in death or serious bodily injury; in arson, criminal mischief and other property destruction, further providing for additional fine for arson committed for profit; in wiretapping and electronic surveillance, further providing for definitions; in limitation of time, further providing for no limitation applicable and for other offenses; and, in sentencing, further providing for sentences for second and subsequent offenses.

PA HB941

In limitation of time, further providing for other offenses.

PA SB1111

In sentencing, further providing for definitions and for sexual offenses and tier system.

PA HB1555

In preliminary provisions, further providing for definitions; in pupils and attendance, providing for educational oversight for juveniles in facilities, further providing for possession of weapons prohibited and providing for placement of certain adjudicated students; in safe schools, further providing for definitions and for reporting and providing for School-Based Diversion Programs Fund; in school security, further providing for powers and duties and providing for limitations on proceedings and arrest; and, in school districts of the first class, repealing provisions relating to placement of certain adjudicated students.

PA SB79

In limitation of time relating to criminal proceedings, further providing for other offenses.

Similar Bills

No similar bills found.