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                                                      PRINTER'S NO. 1266

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1013 Session of 2007


        INTRODUCED BY GREENLEAF, RAFFERTY, BOSCOLA, O'PAKE, RHOADES,
           MUSTO AND FONTANA, JUNE 30, 2007

        REFERRED TO JUDICIARY, JUNE 30, 2007

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, in liability for tortious acts of
     3     children, further providing for monetary limits of liability.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5505(a) and (b) of Title 23 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 5505.  Monetary limits of liability.
     9     (a)  General rule.--Liability of the parents under this
    10  chapter shall be limited to:
    11         (1)  The sum of [$1,000] $2,000 for injuries suffered by
    12     any one person as a result of one tortious act or continuous
    13     series of tortious acts.
    14         (2)  The sum of [$2,500] $4,000 regardless of the number
    15     of persons who suffer injury as a result of one tortious act
    16     or continuous series of tortious acts.
    17     (b)  Proceedings where loss exceeds liability.--In the event
    18  that actual loss as ascertained by the court or the judgment

     1  against the child exceeds [$2,500] $4,000, the parents shall be
     2  discharged from further liability by the payment of [$2,500]
     3  $4,000 into court. The court shall cause all aggrieved parties
     4  to submit itemized statements of loss in writing and shall make
     5  distribution proportionately, whether the claims be for injuries
     6  to the person or for theft, destruction or loss of property. The
     7  court may take testimony to assist it in making proper
     8  distribution and may appoint a master to accomplish this
     9  purpose. All costs and fees incurred in these proceedings shall
    10  be paid from the [$2,500] $4,000 paid into court.
    11     * * *
    12     Section 2.  This act shall take effect in 60 days.












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