PRINTER'S NO. 3046
No. 2190 Session of 2005
INTRODUCED BY BISHOP, MANN, McILHATTAN, BELFANTI, MARKOSEK,
BELARDI, SHAPIRO, PHILLIPS, COSTA, WALKO, STEIL, CREIGHTON,
CRAHALLA, ROEBUCK, KOTIK, GINGRICH, YOUNGBLOOD, SONNEY,
GOODMAN, O'NEILL, STERN, FREEMAN, HESS, CAWLEY, PISTELLA,
E. Z. TAYLOR, GRUCELA, ROSS, REICHLEY, PETRARCA, SCHRODER,
SURRA, CLYMER, TIGUE, THOMAS, R. STEVENSON, READSHAW, BEBKO-
JONES, J. EVANS, YUDICHAK, WATSON, METCALFE, GOOD, STABACK,
BOYD, TRUE, KIRKLAND, FRANKEL, BLACKWELL, SCAVELLO AND
ADOLPH, NOVEMBER 2, 2005
REFERRED TO COMMITTEE ON APPROPRIATIONS, NOVEMBER 2, 2005
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 unlimited time to bring civil actions, for tolling
4 limitations of civil actions, for unlimited time to bring
5 criminal actions and for limitation of serious criminal
6 actions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5531 of Title 42 of the Pennsylvania
10 Consolidated Statutes is amended by adding a paragraph to read:
11 § 5531. No limitation.
12 The following actions and proceedings may be commenced at any
13 time notwithstanding any other provision of this subchapter
14 except section 5521 (relating to limitations on foreign claims):
15 * * *
16 (4) An action for childhood sexual abuse. As used in
1 this paragraph, the following words and phrases shall have
2 the following meanings:
3 "Childhood sexual abuse." Includes the following:
4 (i) Any of the following sexual activities between a
5 minor and an adult, if the individual bringing the civil
6 action engaged in the activity as a result of forcible
7 compulsion or by threat of forcible compulsion which
8 would prevent resistance by a person of reasonable
9 resolution:
10 (A) Sexual intercourse, which includes
11 penetration, however slight, of any body part or
12 object into the sex organ of another.
13 (B) Deviate sexual intercourse, which includes
14 sexual intercourse per os or per anus.
15 (C) Indecent contact, which includes any
16 touching of the sexual or other intimate parts of the
17 person for the purpose of arousing or gratifying
18 sexual desire in either person.
19 (D) An action which constitutes an offense under
20 any of the following provisions of 18 Pa.C.S.:
21 Section 3121 (relating to rape).
22 Section 3122.1 (relating to statutory sexual
23 assault).
24 Section 3123 (relating to involuntary deviate
25 sexual intercourse).
26 Section 3124.1 (relating to sexual assault).
27 Section 3124.2 (relating to institutional
28 sexual assault).
29 Section 3125 (relating to aggravated indecent
30 assault).
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1 Section 3126 (relating to indecent assault).
2 Section 3127 (relating to indecent exposure).
3 Section 4302 (relating to incest).
4 Section 6312 (relating to sexual abuse of
5 children).
6 "Forcible compulsion." As defined in 18 Pa.C.S. § 3101
7 (relating to definitions).
8 Section 2. Section 5533(b)(2) of Title 42 is amended to
9 read:
10 § 5533. Infancy, insanity or imprisonment.
11 * * *
12 (b) Infancy.--
13 * * *
14 [(2) (i) If an individual entitled to bring a civil
15 action arising from childhood sexual abuse is under 18
16 years of age at the time the cause of action accrues, the
17 individual shall have a period of 12 years after
18 attaining 18 years of age in which to commence an action
19 for damages regardless of whether the individual files a
20 criminal complaint regarding the childhood sexual abuse.
21 (ii) For the purposes of this paragraph, the term
22 "childhood sexual abuse" shall include, but not be
23 limited to, the following sexual activities between a
24 minor and an adult, provided that the individual bringing
25 the civil action engaged in such activities as a result
26 of forcible compulsion or by threat of forcible
27 compulsion which would prevent resistance by a person of
28 reasonable resolution:
29 (A) sexual intercourse, which includes
30 penetration, however slight, of any body part or
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1 object into the sex organ of another;
2 (B) deviate sexual intercourse, which includes
3 sexual intercourse per os or per anus; and
4 (C) indecent contact, which includes any
5 touching of the sexual or other intimate parts of the
6 person for the purpose of arousing or gratifying
7 sexual desire in either person.
8 (iii) For purposes of this paragraph, "forcible
9 compulsion" shall have the meaning given to it in 18
10 Pa.C.S. § 3101 (relating to definitions).]
11 Section 3. Section 5551 of Title 42 is amended by adding a
12 paragraph to read:
13 § 5551. No limitation applicable.
14 A prosecution for the following offenses may be commenced at
15 any time:
16 * * *
17 (6) An offense under any of the following provisions of
18 18 Pa.C.S. if the victim is under 18 years of age:
19 Section 3121 (relating to rape).
20 Section 3122.1 (relating to statutory sexual
21 assault).
22 Section 3123 (relating to involuntary deviate sexual
23 intercourse).
24 Section 3124.1 (relating to sexual assault).
25 Section 3124.2 (relating to institutional sexual
26 assault).
27 Section 3125 (relating to aggravated indecent sexual
28 assault).
29 Section 3126 (relating to indecent assault).
30 Section 3127 (relating to indecent exposure).
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1 Section 4302 (relating to incest).
2 Section 6312 (relating to sexual abuse of children).
3 Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42
4 are amended to read:
5 § 5552. Other offenses.
6 * * *
7 (b.1) Major sexual offenses.--[A] Except as set forth in
8 section 5551(6) (relating to no limitation applicable), a
9 prosecution for any of the following offenses under 18 Pa.C.S.
10 must be commenced within 12 years after it is committed:
11 Section 3121 (relating to rape).
12 Section 3122.1 (relating to statutory sexual
13 assault).
14 Section 3123 (relating to involuntary deviate sexual
15 intercourse).
16 Section 3124.1 (relating to sexual assault).
17 Section 3125 (relating to aggravated indecent
18 assault).
19 Section 4302 (relating to incest).
20 [Section 6312 (relating to sexual abuse of
21 children).]
22 (c) Exceptions.--If the period prescribed in subsection (a),
23 (b) or (b.1) has expired, a prosecution may nevertheless be
24 commenced for:
25 * * *
26 [(3) Any sexual offense committed against a minor who is
27 less than 18 years of age any time up to the period of
28 limitation provided by law after the minor has reached 18
29 years of age. As used in this paragraph, the term "sexual
30 offense" means a crime under the following provisions of
20050H2190B3046 - 5 -
1 Title 18 (relating to crimes and offenses):
2 Section 3121 (relating to rape).
3 Section 3122.1 (relating to statutory sexual
4 assault).
5 Section 3123 (relating to involuntary deviate sexual
6 intercourse).
7 Section 3124.1 (relating to sexual assault).
8 Section 3125 (relating to aggravated indecent
9 assault).
10 Section 3126 (relating to indecent assault).
11 Section 3127 (relating to indecent exposure).
12 Section 4302 (relating to incest).
13 Section 4304 (relating to endangering welfare of
14 children).
15 Section 6301 (relating to corruption of minors).
16 Section 6312(b) (relating to sexual abuse of
17 children).]
18 (c.1) Genetic identification evidence.--Notwithstanding any
19 provision of law to the contrary, if evidence of [a misdemeanor
20 sexual] an offense [set forth in subsection (c)(3)] under 18
21 Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating
22 to indecent exposure) or a felony offense is obtained containing
23 human deoxyribonucleic acid (DNA) which is subsequently used to
24 identify an otherwise unidentified individual as the perpetrator
25 of the offense, the prosecution of the offense may be commenced
26 within the period of limitations provided for the offense or one
27 year after the identity of the individual is determined,
28 whichever is later.
29 * * *
30 Section 5. This act shall take effect in 60 days.
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