1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for
3limitations of time for commencement of civil action arising
4from childhood sexual abuse.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 5533(b) of Title 42 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 5533. Infancy, insanity or imprisonment.

10* * *

11(b) Infancy.--

12(1) (i) If an individual entitled to bring a civil
13action is an unemancipated minor at the time the cause of
14action accrues, the period of minority shall not be
15deemed a portion of the time period within which the
16action must be commenced. Such person shall have the same
17time for commencing an action after attaining majority as
18is allowed to others by the provisions of this
19subchapter.

1(ii) As used in this paragraph, the term "minor" 
2shall mean any individual who has not yet attained 18 
3years of age.

4(2) (i) If an individual entitled to bring a civil
5action arising from childhood sexual abuse is under 18
6years of age at the time the cause of action accrues, the
7individual shall have a period of [12] 32 years after
8attaining 18 years of age in which to commence an action
9for damages regardless of whether the individual files a
10criminal complaint regarding the childhood sexual abuse.

11(ii) For the purposes of this paragraph, the term 
12"childhood sexual abuse" shall include, but not be 
13limited to, the following sexual activities between a 
14minor and an adult, provided that the individual bringing 
15the civil action engaged in such activities as a result 
16of forcible compulsion or by threat of forcible 
17compulsion which would prevent resistance by a person of 
18reasonable resolution:

19(A) sexual intercourse, which includes
20penetration, however slight, of any body part or
21object into the sex organ of another;

22(B) deviate sexual intercourse, which includes
23sexual intercourse per os or per anus; and

24(C) indecent contact, which includes any
25touching of the sexual or other intimate parts of the
26person for the purpose of arousing or gratifying
27sexual desire in either person.

28(iii) For purposes of this paragraph, "forcible 
29compulsion" shall have the meaning given to it in 18 
30Pa.C.S. § 3101 (relating to definitions).

1(3) Notwithstanding any other provision of law, a civil
2action that is permitted to be filed pursuant to paragraph
3(2) but would otherwise be barred on the effective date of
4this paragraph, solely because the statute of limitations has
5expired is revived, and such a civil action may be commenced
6within two years of the effective date of the amendment of
7this section. Nothing in this subsection shall be construed
8to alter the applicable statute of limitations period of a
9civil action arising from childhood sexual abuse that is not
10time barred as of the effective date of the amendment of this
11section.

12(4) If a person committing an act of childhood sexual
13abuse against a minor was employed by an institution, agency,
14firm, business, corporation or other public or private legal
15entity that owed a duty of care to the victim, or the accused
16and the minor were engaged in some activity over which the
17entity had some degree of responsibility or control, damages
18against the entity shall be awarded under paragraph (3) only
19if there is a finding of gross negligence on the part of the
20entity.

21(5) If an individual or the individual's legal
22representative has previously brought a civil action arising
23from childhood sexual abuse and that suit has been dismissed
24because it was filed beyond the statute of limitations that
25applied at that time, the individual or the individual's
26legal representative may petition the court to reopen the
27action within the period provided in paragraph (3). The court
28may grant the petition if it determines that any of the
29following exist:

30(i) The victim of the childhood abuse was under the

1age of 30 at the time the statute of limitations expired.

2(ii) The existence of newly discovered evidence
3that, with reasonable diligence, could not have been
4discovered before the prior statute of limitations
5expired.

6(iii) Fraud, inexcusable neglect, misrepresentation
7or misconduct by an opposing party.

8(iv) Any other extraordinary circumstances that the
9court believes are in the interest of justice.

10Section 2. This act shall take effect immediately.