PRIOR PRINTER'S NO. 2333

PRINTER'S NO.  2928

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1797

Session of

2009

  

  

INTRODUCED BY THOMAS, DALEY, KIRKLAND, PARKER, PASHINSKI, SIPTROTH AND SWANGER, JUNE 30, 2009

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2009   

  

  

  

AN ACT

  

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Amending Title 23 (Domestic Relations) of the Pennsylvania

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Consolidated Statutes, in liability for tortious acts of

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children, further providing for monetary limits of liability 

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establishing liability in criminal or juvenile proceedings.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5505(a) of Title 23 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

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adding a subsection to read:

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§ 5505.  Monetary limits of liability.

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(a)  General rule.--Liability of the parents under this

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chapter shall be limited to:

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(1)  The sum of $1,000 for injuries suffered by any one

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person as a result of one tortious act or continuous series

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of tortious acts.

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(2)  The sum of $2,500 regardless of the number of

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persons who suffer injury as a result of one tortious act or

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continuous series of tortious acts.

 


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(3)  Any restitution liability as set forth in this

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chapter for children who have yet to attain 21 years of age.

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(d)  Discharge and transfer of liability.--Any monetary

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liability maintained by a parent once the child reaches 21 years

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of age shall be discharged from the parent. Any remaining unpaid

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restitution order for the parent of a child that reaches 21

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years of age shall become the liability of the child and

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continue to be collectable under 42 Pa.C.S. § 9728 (relating to

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collection of restitution, reparation, fees, costs, fines and

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penalties).

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Section 1.  Section 5503 of Title 23 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

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§ 5503.  Establishing liability in criminal or juvenile

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proceedings.

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(c)  Limitation on duration of order.--Any order for

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restitution entered against a parent for the tortious acts of a

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child pursuant to subsection (a) or the provisions of 42 Pa.C.S.

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Ch. 63 or 97 (relating to sentencing) shall terminate on the

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date on which the child reaches 21 years of age.

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Section 2.  This act shall take effect in 60 days.

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