PRINTER'S NO. 166

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 140 Session of 2007


        INTRODUCED BY BISHOP, BELFANTI, BOYD, BUXTON, CLYMER, CREIGHTON,
           CURRY, DALLY, DePASQUALE, DERMODY, FREEMAN, GALLOWAY, GEORGE,
           GINGRICH, GOODMAN, HESS, LEVDANSKY, MAHONEY, MARKOSEK,
           McILHATTAN, MELIO, METCALFE, MOUL, M. O'BRIEN, PALLONE,
           PARKER, PYLE, ROSS, SCAVELLO, SIPTROTH, STABACK, STERN,
           R. STEVENSON, SURRA, WATSON, YOUNGBLOOD, PETRONE AND GRUCELA,
           JANUARY 31, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2007

                                     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
    17     this paragraph, the following words and phrases shall have


     1     the following meanings:
     2         "Childhood sexual abuse."  Includes the following:
     3             (i)  Any of the following sexual activities between a
     4         minor and an adult, if the individual bringing the civil
     5         action engaged in the activity as a result of forcible
     6         compulsion or by threat of forcible compulsion which
     7         would prevent resistance by a person of reasonable
     8         resolution:
     9                 (A)  Sexual intercourse, which includes
    10             penetration, however slight, of any body part or
    11             object into the sex organ of another.
    12                 (B)  Deviate sexual intercourse, which includes
    13             sexual intercourse per os or per anus.
    14                 (C)  Indecent contact, which includes any
    15             touching of the sexual or other intimate parts of the
    16             person for the purpose of arousing or gratifying
    17             sexual desire in either person.
    18                 (D)  An action which constitutes an offense under
    19             any of the following provisions of 18 Pa.C.S.:
    20                     Section 3121 (relating to rape).
    21                     Section 3122.1 (relating to statutory sexual
    22                 assault).
    23                     Section 3123 (relating to involuntary deviate
    24                 sexual intercourse).
    25                     Section 3124.1 (relating to sexual assault).
    26                     Section 3124.2 (relating to institutional
    27                 sexual assault).
    28                     Section 3125 (relating to aggravated indecent
    29                 assault).
    30                     Section 3126 (relating to indecent assault).
    20070H0140B0166                  - 2 -     

     1                     Section 3127 (relating to indecent exposure).
     2                     Section 4302 (relating to incest).
     3                     Section 6312 (relating to sexual abuse of
     4                 children).
     5         "Forcible compulsion."  As defined in 18 Pa.C.S. § 3101
     6     (relating to definitions).
     7     Section 2.  Section 5533(b)(2) of Title 42 is amended to
     8  read:
     9  § 5533.  Infancy, insanity or imprisonment.
    10     * * *
    11     (b)  Infancy.--
    12         * * *
    13         [(2)  (i)  If an individual entitled to bring a civil
    14         action arising from childhood sexual abuse is under 18
    15         years of age at the time the cause of action accrues, the
    16         individual shall have a period of 12 years after
    17         attaining 18 years of age in which to commence an action
    18         for damages regardless of whether the individual files a
    19         criminal complaint regarding the childhood sexual abuse.
    20             (ii)  For the purposes of this paragraph, the term
    21         "childhood sexual abuse" shall include, but not be
    22         limited to, the following sexual activities between a
    23         minor and an adult, provided that the individual bringing
    24         the civil action engaged in such activities as a result
    25         of forcible compulsion or by threat of forcible
    26         compulsion which would prevent resistance by a person of
    27         reasonable resolution:
    28                 (A)  sexual intercourse, which includes
    29             penetration, however slight, of any body part or
    30             object into the sex organ of another;
    20070H0140B0166                  - 3 -     

     1                 (B)  deviate sexual intercourse, which includes
     2             sexual intercourse per os or per anus; and
     3                 (C)  indecent contact, which includes any
     4             touching of the sexual or other intimate parts of the
     5             person for the purpose of arousing or gratifying
     6             sexual desire in either person.
     7             (iii)  For purposes of this paragraph, "forcible
     8         compulsion" shall have the meaning given to it in 18
     9         Pa.C.S. § 3101 (relating to definitions).]
    10     Section 3.  Section 5551 of Title 42 is amended by adding a
    11  paragraph to read:
    12  § 5551.  No limitation applicable.
    13     A prosecution for the following offenses may be commenced at
    14  any time:
    15         * * *
    16         (6)  An offense under any of the following provisions of
    17     18 Pa.C.S. if the victim is under 18 years of age:
    18             Section 3121 (relating to rape).
    19             Section 3122.1 (relating to statutory sexual
    20         assault).
    21             Section 3123 (relating to involuntary deviate sexual
    22         intercourse).
    23             Section 3124.1 (relating to sexual assault).
    24             Section 3124.2 (relating to institutional sexual
    25         assault).
    26             Section 3125 (relating to aggravated indecent sexual
    27         assault).
    28             Section 3126 (relating to indecent assault).
    29             Section 3127 (relating to indecent exposure).
    30             Section 4302 (relating to incest).
    20070H0140B0166                  - 4 -     

     1             Section 6312 (relating to sexual abuse of children).
     2     Section 4.  Section 5552(b.1), (c)(3) and (c.1) of Title 42,
     3  amended July 7, 2006 (P.L.378, No.81) and November 29, 2006
     4  (P.L.1581, No.179), 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 Title 18
    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 later of the
    28     period of limitation provided by law after the minor has
    29     reached 18 years of age or the date the minor reaches 50
    30     years of age. As used in this paragraph, the term "sexual
    20070H0140B0166                  - 5 -     

     1     offense" means a crime under the following provisions of
     2     Title 18 (relating to crimes and offenses):
     3             Section 3121 (relating to rape).
     4             Section 3122.1 (relating to statutory sexual
     5         assault).
     6             Section 3123 (relating to involuntary deviate sexual
     7         intercourse).
     8             Section 3124.1 (relating to sexual assault).
     9             Section 3125 (relating to aggravated indecent
    10         assault).
    11             Section 3126 (relating to indecent assault).
    12             Section 3127 (relating to indecent exposure).
    13             Section 4302 (relating to incest).
    14             Section 4304 (relating to endangering welfare of
    15         children).
    16             Section 6301 (relating to corruption of minors).
    17             Section 6312(b) (relating to sexual abuse of
    18         children).
    19             Section 6320 (relating to sexual exploitation of
    20         children).]
    21     (c.1)  Genetic identification evidence.--Notwithstanding any
    22  provision of law to the contrary, if evidence of [a misdemeanor
    23  sexual] an offense [set forth in subsection (c)(3)] under 18
    24  Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating
    25  to indecent exposure) or a felony offense is obtained containing
    26  human deoxyribonucleic acid (DNA) which is subsequently used to
    27  identify an otherwise unidentified individual as the perpetrator
    28  of the offense, the prosecution of the offense may be commenced
    29  within the period of limitations provided for the offense or one
    30  year after the identity of the individual is determined,
    20070H0140B0166                  - 6 -     

     1  whichever is later.
     2     * * *
     3     Section 5.  This act shall take effect in 60 days.


















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