1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3further providing for tolling limitations of certain civil
4actions and criminal proceedings; and, in matters affecting
5government units, further providing for exceptions to
6sovereign immunity and governmental immunity.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 5533(b) of Title 42 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 5533. Infancy, insanity or imprisonment.

12* * *

13(b) Infancy.--

14(1) (i) If an individual entitled to bring a civil
15action is an unemancipated minor at the time the cause of
16action accrues, the period of minority shall not be
17deemed a portion of the time period within which the
18action must be commenced. Such person shall have the same
19time for commencing an action after attaining majority as

1is allowed to others by the provisions of this
2subchapter.

3(ii) As used in this paragraph, the term "minor" 
4shall mean any individual who has not yet attained 18 
5years of age.

6(2) (i) If an individual entitled to bring a civil
7action arising from childhood sexual abuse is under 18
8years of age at the time the cause of action accrues, the
9individual [shall have a period of 12 years after
10attaining 18 years of age in which to] may commence an
11action for damages at any time regardless of whether the
12individual files a criminal complaint regarding the
13childhood sexual abuse.

14(ii) For the purposes of this paragraph, the term 
15"childhood sexual abuse" shall include, but not be 
16limited to, the following sexual activities between a 
17minor and an adult, provided that the individual bringing 
18the civil action engaged in such activities as a result 
19of forcible compulsion or by threat of forcible 
20compulsion which would prevent resistance by a person of 
21reasonable resolution:

22(A) sexual intercourse, which includes
23penetration, however slight, of any body part or
24object into the sex organ of another;

25(B) deviate sexual intercourse, which includes
26sexual intercourse per os or per anus; and

27(C) indecent contact, which includes any
28touching of the sexual or other intimate parts of the
29person for the purpose of arousing or gratifying
30sexual desire in either person.

1(iii) For purposes of this paragraph, "forcible 
2compulsion" shall have the meaning given to it in 18 
3Pa.C.S. § 3101 (relating to definitions).

4(3) Notwithstanding any other provision of law, a civil
5action that would be permitted to be filed pursuant to
6paragraph (2), but for the time limitation contained in
7paragraph (2) to commence an action for damages or any other
8statute of limitations, is revived, and such a civil action
9may be commenced up to the date the individual entitled to
10bring a civil action under paragraph (2) reaches 50 years of
11age. Nothing in this subsection shall be construed to alter
12the applicable statute of limitations period of a civil
13action arising from childhood sexual abuse that is not time
14barred as of the effective date of this paragraph.

15(4) If a person committing an act of childhood sexual
16abuse against a minor was employed by an institution, agency,
17firm, business, corporation or other public or private legal
18entity that owed a duty of care to the victim, or the accused
19and the minor were engaged in some activity over which the
20entity had some degree of responsibility or control, damages
21against the entity shall be awarded under paragraph (3) only
22if there is a finding of gross negligence on the part of the
23entity.

24(5) If an individual or the individual's legal
25representative has previously brought a civil action arising
26from childhood sexual abuse and that suit has been dismissed
27because it was filed beyond the statute of limitations that
28applied at that time, the individual or the individual's
29legal representative may petition the court to reopen the
30action within the period provided in paragraph (3). The court

1may grant the petition if it determines that any of the
2following exist:

3(i) The victim of the childhood abuse was under 30
4years of age at the time the statute of limitations
5expired.

6(ii) The existence of newly discovered evidence
7that, with reasonable diligence, could not have been
8discovered before the prior statute of limitations
9expired.

10(iii) Fraud, inexcusable neglect, misrepresentation
11or misconduct by an opposing party.

12(iv) Any other extraordinary circumstances that the
13court believes are in the interest of justice.

14Section 2. Section 5551 of Title 42 is amended by adding a
15paragraph to read:

16§ 5551. No limitation applicable.

17A prosecution for the following offenses may be commenced at
18any time:

19* * *

20(7) Any sexual offense committed against a minor who is
21less than 18 years of age. As used in this paragraph, the
22term "sexual offense" means a crime under the following
23provisions of Title 18 (relating to crimes and offenses):

24Section 3121 (relating to rape).

25Section 3122.1 (relating to statutory sexual
26assault).

27Section 3123 (relating to involuntary deviate sexual
28intercourse).

29Section 3124.1 (relating to sexual assault).

30Section 3125 (relating to aggravated indecent

1assault).

2Section 3126 (relating to indecent assault).

3Section 3127 (relating to indecent exposure).

4Section 4302 (relating to incest).

5Section 4304 (relating to endangering welfare of
6children).

7Section 6301 (relating to corruption of minors).

8Section 6312(b) (relating to sexual abuse of
9children).

10Section 6320 (relating to sexual exploitation of
11children).

12Section 3. Section 5552(c)(3) of Title 42 is amended to
13read:

14§ 5552. Other offenses.

15* * *

16(c) Exceptions.--If the period prescribed in subsection (a),
17(b) or (b.1) has expired, a prosecution may nevertheless be
18commenced for:

19* * *

20[(3) Any sexual offense committed against a minor who is
21less than 18 years of age any time up to the later of the
22period of limitation provided by law after the minor has
23reached 18 years of age or the date the minor reaches 50
24years of age. As used in this paragraph, the term "sexual
25offense" means a crime under the following provisions of
26Title 18 (relating to crimes and offenses):

27Section 3121 (relating to rape).

28Section 3122.1 (relating to statutory sexual
29assault).

30Section 3123 (relating to involuntary deviate sexual

1intercourse).

2Section 3124.1 (relating to sexual assault).

3Section 3125 (relating to aggravated indecent
4assault).

5Section 3126 (relating to indecent assault).

6Section 3127 (relating to indecent exposure).

7Section 4302 (relating to incest).

8Section 4304 (relating to endangering welfare of
9children).

10Section 6301 (relating to corruption of minors).

11Section 6312(b) (relating to sexual abuse of
12children).

13Section 6320 (relating to sexual exploitation of
14children).]

15* * *

16Section 4. Sections 8522(b) and 8542(b) of Title 42 are
17amended by adding paragraphs to read:

18§ 8522. Exceptions to sovereign immunity.

19* * *

20(b) Acts which may impose liability.--The following acts by
21a Commonwealth party may result in the imposition of liability
22on the Commonwealth and the defense of sovereign immunity shall
23not be raised to claims for damages caused by:

24* * *

25(10) Child sexual abuse.--Acts of child sexual abuse
26which constitute gross negligence when committed by
27individuals employed by a public institution, agency or other
28legal entity for which actions are brought under section
295533(b) (relating to infancy, insanity or imprisonment).

30§ 8542. Exceptions to governmental immunity.

1* * *

2(b) Acts which may impose liability.--The following acts by
3a local agency or any of its employees may result in the
4imposition of liability on a local agency:

5* * *

6(9) Child sexual abuse.--Acts of child sexual abuse
7which constitute gross negligence when committed by
8individuals employed by a public institution, agency or other
9legal entity for which actions are brought under section
105533(b) (relating to infancy, insanity or imprisonment).

11* * *

12Section 5. The addition of 42 Pa.C.S. §§ 8522(b)(10) and
138542(b)(9) shall apply to acts of child sexual abuse committed
14on or after the effective date of this section.

15Section 6. This act shall take effect in 60 days.