In the near future, I intend to introduce legislation to extend the statute of limitations for the offense of involuntary manslaughter from two to five years.  Homicide by vehicle, which has traditionally been viewed by the courts as a lesser offense than involuntary manslaughter, has no statute of limitation under current law.  By treating these offenses differently, current statute undermines the coherence of our criminal justice system and sends mixed signals regarding the severity of crimes resulting in the death of another person. 
 
Like other homicide cases, involuntary manslaughter investigations commonly require extensive forensic analysis, medical examinations and autopsies, witness interviews, and accident reconstructions.  The two-year window contemplated under current law is insufficient for investigators and prosecutors to gather sufficient evidence, particularly in cases with delayed or prolonged forensic analysis or reluctant witnesses.  
 
Moreover, in homicide cases where the killer is identified more than two years following the death of the victim, defendants commonly argue that the killing satisfies the elements of involuntary manslaughter, not murder, knowing full well that involuntary manslaughter is not a possible verdict.  In these cases, judges can either instruct the jury regarding the elements of involuntary manslaughter and inform the jury that the statute of limitations has expired or allow the jury to find the defendant guilty of involuntary manslaughter and throw out the verdict because of the expiration of the statute of limitations. 
 
Families who lose loved ones as a result of the reckless or grossly negligent actions of another person deserve a fair opportunity to seek justice.  Please join me in cosponsoring this important bill to better protect our Commonwealth. 

Statutes/Laws affected:
Printer's No. 1007: 42-5552(b)(1)