PRINTER'S NO. 3187
No. 2310 Session of 1986
INTRODUCED BY PERZEL, GANNON, STABACK, MORRIS, KOSINSKI,
BATTISTO, MACKOWSKI, J. L. WRIGHT, MRKONIC, CHADWICK, NOYE,
TIGUE, BOWSER, KENNEY, REINARD, NAHILL, FISCHER, VEON,
DeLUCA, JOHNSON, BELFANTI, CIMINI, ARGALL, HERMAN, GODSHALL,
DISTLER, GREENWOOD, AFFLERBACH, CARLSON, BUNT, FLICK, GEIST,
MERRY, G. M. SNYDER, COHEN, J. TAYLOR, BURD AND FOX,
MARCH 19, 1986
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 1986
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for a defense
3 for certain victims of crimes in civil cases.
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 § 8338. Commission of crime.
9 It shall be a complete defense to any action for damages that
10 the plaintiff suffered his injury while in the perpetration of
11 any of the following offenses:
12 Murder, as defined in 18 Pa.C.S. § 2502 (relating to
13 murder).
14 Kidnapping, as defined in 18 Pa.C.S. § 2901 (relating to
15 kidnapping).
16 Rape, as defined in 18 Pa.C.S. § 3121 (relating to rape).
1 Arson, as defined in 18 Pa.C.S. § 3301 (relating to arson
2 and related offenses).
3 Burglary and other criminal intrusion, as defined in 18
4 Pa.C.S. Ch. 35 (relating to burglary and other criminal
5 intrusion).
6 Robbery, as defined in 18 Pa.C.S. § 3701 (relating to
7 robbery).
8 Proof of commission of any of these defenses shall be by a
9 preponderance of the evidence furnished by the defendant.
10 Section 2. This act shall take effect in 60 days.
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