THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, BISHOP, K. BOYLE, V. BROWN, BROWNLEE, GEIST, GEORGE, GOODMAN, KORTZ, MANN, MILLARD, MURPHY, MURT, PARKER, SANTARSIERO, JOSEPHS AND M. O'BRIEN, OCTOBER 18, 2011

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 18, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

exceptions to sovereign immunity and governmental immunity.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 8522(b) and 8542(b) of Title 42 of the

Pennsylvania Consolidated Statutes are amended by adding  

paragraphs to read:

§ 8522.  Exceptions to sovereign immunity.

* * *

(b)  Acts which may impose liability.--The following acts by

a Commonwealth party may result in the imposition of liability

on the Commonwealth and the defense of sovereign immunity shall

not be raised to claims for damages caused by:

* * *

(10)  Child sexual abuse.--Acts of child sexual abuse

which constitute gross negligence when committed by

individuals employed by a public institution, agency or other

legal entity for which actions are brought under section

5533(b)(relating to infancy, insanity or imprisonment).

§ 8542.  Exceptions to governmental immunity.

* * *

(b)  Acts which may impose liability.--The following acts by

a local agency or any of its employees may result in the

imposition of liability on a local agency:

* * *

(9)  Child sexual abuse.--Acts of child sexual abuse

which constitute gross negligence when committed by

individuals employed by a public institution, agency or other

legal entity for which actions are brought under section

5533(b)(relating to infancy, insanity or imprisonment).

* * *

Section 2.  The addition of 42 Pa.C.S. §§ 8522(b)(10) and

8542(b)(9) shall apply to acts of child sexual abuse committed

on or after the effective date of this section.

Section 3.  This act shall take effect in 60 days.