PRINTER'S NO. 3783
No. 2605 Session of 2002
INTRODUCED BY BARD, FEESE, BROOKS, YOUNGBLOOD, TURZAI, BELARDI,
BROWNE, CLARK, CRUZ, HORSEY, KELLER, LAUGHLIN, McGEEHAN,
PALLONE, PETRARCA, ROBINSON, TIGUE, WASHINGTON AND WILT,
APRIL 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 limitation of actions and for tolling limitations of actions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5524 Title 42 of the Pennsylvania
7 Consolidated Statutes, amended December 13, 2001 (P.L.904,
8 No.101), is amended to read:
9 § 5524. Two year limitation.
10 (a) Time period.--The following actions and proceedings must
11 be commenced within two years:
12 (1) An action for assault, battery, false imprisonment,
13 false arrest, malicious prosecution or malicious abuse of
14 process.
15 (2) An action to recover damages for injuries to the
16 person or for the death of an individual caused by the
17 wrongful act or neglect or unlawful violence or negligence of
1 another.
2 (3) An action for taking, detaining or injuring personal
3 property, including actions for specific recovery thereof.
4 (4) An action for waste or trespass of real property.
5 (5) An action upon a statute for a civil penalty or
6 forfeiture.
7 (6) An action against any officer of any government unit
8 for the nonpayment of money or the nondelivery of property
9 collected upon on execution or otherwise in his possession.
10 (7) Any other action or proceeding to recover damages
11 for injury to person or property which is founded on
12 negligent, intentional, or otherwise tortious conduct or any
13 other action or proceeding sounding in trespass, including
14 deceit or fraud, except an action or proceeding subject to
15 another limitation specified in this subchapter.
16 (b) Calculation.--
17 [(8)] (1) An action to recover damages for injury to a
18 person or for the death of a person caused by exposure to
19 asbestos shall be commenced within two years from the date on
20 which the person is informed by a licensed physician that the
21 person has been injured by such exposure or upon the date on
22 which the person knew or in the exercise of reasonable
23 diligence should have known that the person had an injury
24 which was caused by such exposure, whichever date occurs
25 first.
26 (2) An action to recover damages for injury to a person
27 or for the death of a person caused by childhood sexual abuse
28 shall be commenced within two years from the date on which
29 the person is informed by a licensed physician or licensed
30 psychologist that the person has been injured by childhood
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1 sexual abuse or upon the date on which the person knew that
2 the person had an injury which was caused by childhood sexual
3 abuse, whichever date occurs last. An action under this
4 paragraph must be based upon objective evidence, including
5 proof that the person had psychologically repressed the
6 memory of the facts upon which the action is based and
7 corroborating evidence that the childhood sexual abuse
8 occurred. As used in this paragraph, "childhood sexual abuse"
9 shall mean "sexual abuse or exploitation" as defined in 23
10 Pa.C.S. § 6303(a) (relating to definitions).
11 Section 2. Section 5533(b) of Title 42 is amended to read:
12 § 5533. Infancy, insanity or imprisonment.
13 * * *
14 (b) Infancy.--[If]
15 (1) For a civil action which is not subject to section
16 5524(b)(2) (relating to two year limitation), if an
17 individual entitled to bring [a] the civil action is an
18 unemancipated minor at the time the cause of action accrues,
19 the period of minority shall not be deemed a portion of the
20 time period within which the action must be commenced. [Such]
21 (2) For a civil action which is subject to section
22 5524(b)(2), if an individual entitled to bring the civil
23 action is an emancipated or unemancipated minor at the time
24 the cause of action accrues, the period of minority shall not
25 be deemed a portion of the time period within which the
26 action must be commenced.
27 (3) Under this subsection, a person shall have the same
28 time for commencing an action after attaining majority as is
29 allowed to others by the provisions of this subchapter.
30 (4) As used in this subsection the term "minor" shall
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1 mean any individual who has not yet attained the age of 18.
2 Section 3. The amendment of 42 Pa.C.S. §§ 5524 and 5533(b)
3 shall apply to causes of action which arise on or after the
4 effective date of this act.
5 Section 4. This act shall take effect in 60 days.
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