Regular Session 2017-2018 Senate Bill 0261 P.N. 2003

HOUSE AMENDED

PRIOR PRINTER'S NOS. 243, 631

PRINTER'S NO. 2003

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

261

Session of

2017

INTRODUCED BY SCARNATI, CORMAN AND GORDNER, JANUARY 30, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

SEPTEMBER 24, 2018

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

further providing for SIX MONTHS LIMITATION, FOR infancy,

insanity or imprisonment, for no limitation applicable and

for other offenses; and, in matters affecting government

units, further providing for exceptions to sovereign immunity

and, FOR LIMITATIONS ON DAMAGES, for exceptions to

governmental immunity AND FOR LIMITATIONS ON DAMAGES.

AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE

PENNSYLVANIA CONSOLIDATED STATUTES, IN LIMITATION OF TIME,

FURTHER PROVIDING FOR SIX MONTHS LIMITATION, FOR INFANCY,

INSANITY OR IMPRISONMENT, FOR NO LIMITATION APPLICABLE AND

FOR OTHER OFFENSES; AND, IN MATTERS AFFECTING GOVERNMENT

UNITS, FURTHER PROVIDING FOR EXCEPTIONS TO SOVEREIGN IMMUNITY

AND FOR EXCEPTIONS TO GOVERNMENTAL IMMUNITY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The General Assembly finds and declares as

follows:

(1) The Remedies Clause found in section 11 of Article I

of the Constitution of Pennsylvania has been interpreted by

the Pennsylvania Supreme Court to provide a constitutional

guarantee of access to legal remedies and defenses.

(2) The Pennsylvania Supreme Court has interpreted the

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Remedies Clause as providing a vested right to accrued

defenses that cannot be infringed upon by subsequent law.

(3) Pursuant to the interpretation by the Pennsylvania

Supreme Court, the General Assembly is constitutionally

precluded from adopting a retroactive change extending a

statute of limitations or invalidating a defense based on a

statute of limitations that has already expired as against a

particular defendant.

(4) Statutes of limitation recognize that the right to

assert a cause of action and the right to assert a defense to

that action are on an equal footing in this Commonwealth.

(5) Statutes of limitation promote diligence and repose,

diminish uncertainty and allow every person to allocate

resources appropriately.

(6) Statutes of limitation promote accurate fact finding

in litigation, as evidence and testimony become degraded or

unavailable over time.

(7) Therefore, it is the intent of the General Assembly

to eliminate statutes of limitation only in rare

circumstances in which delayed discovery of the cause of

action is particularly likely and the right to defend against

the claim is not significantly undermined.

Section 2. Section 5533(b)(2)(i) of Title 42 of the

Pennsylvania Consolidated Statutes is amended and the section is

amended by adding a paragraph to read:

SECTION 2. SECTION 5522 OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 5522. SIX MONTHS LIMITATION.

* * *

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ACTION OR PROCEEDING BROUGHT UNDER SECTION 8522(B)(10) (RELATING

TO EXCEPTIONS TO SOVEREIGN IMMUNITY) OR 8542(B)(9) (RELATING TO

EXCEPTIONS TO GOVERNMENTAL IMMUNITY).

SECTION 3. SECTION 5533(B)(2)(I) OF TITLE 42 IS AMENDED TO

READ:

§ 5533. Infancy, insanity or imprisonment.

* * *

(b) Infancy.--

* * *

(2) (i) [If] Except as provided under paragraph (3), if

an individual entitled to bring a civil action arising

from childhood sexual abuse is under 18 years of age at

the time the cause of action accrues, the individual

shall have a period of [12] 32 years after attaining 18

years of age in which to commence an action for damages

regardless of whether the individual files a criminal

complaint regarding the childhood sexual abuse.

* * *

(3) If an individual entitled to bring a civil action

arising from childhood sexual abuse is under 18 years of age

at the time the cause of action accrues, the individual shall

have an unlimited period of time to commence an action for

damages against the following individuals:

(i) The individual who committed the act of

childhood sexual abuse.

(ii) An individual who conspired with the individual

who committed the act of childhood sexual abuse for the

purpose of bringing about the abuse.

(iii) (A) An individual who, having actual

knowledge of the childhood sexual abuse perpetrated

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against the individual, failed to prevent any

subsequent childhood sexual abuse by the same

perpetrator against the same individual by reporting

the abuse to law enforcement officials or to a State

or county child protective services agency during the

victim's minority.

(B) No cause of action shall accrue under this

subparagraph against an individual who was aware that

a report of the childhood sexual abuse had already

been made by another individual or entity to law

enforcement officials or to a State or county child

protective services agency.

Section 3 4. Section 5551 of Title 42 is amended by adding a

paragraph to read:

§ 5551. No limitation applicable.

A prosecution for the following offenses may be commenced at

any time:

* * *

(7) An offense under any of the following provisions of

18 Pa.C.S. (relating to crimes and offenses) , or a conspiracy

or solicitation to commit an offense under any of the

following provisions of 18 Pa.C.S. if the offense is

facilitated by IF THE OFFENSE RESULTS FROM the conspiracy or

solicitation, if the victim was under 18 years of age at the

time of the offense:

Section 3011(b) (relating to trafficking in individuals).

Section 3012 (relating to involuntary servitude) as it

relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

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Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent assault).

Section 4302 (relating to incest).

Section 4 5. Section 5552(b.1) and (c)(3) of Title 42 are

amended to read:

§ 5552. Other offenses.

* * *

(b.1) Major sexual offenses.--[A] Except as provided in

section 5551(7) (relating to no limitation applicable), a

prosecution for any of the following offenses under Title 18

must be commenced within 12 years after it is committed:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2(a) and (a.2) (relating to institutional

sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

(b) or (b.1) has expired, a prosecution may nevertheless be

commenced for:

* * *

(3) Any sexual offense committed against a minor who is

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less than 18 years of age any time up to the later of the

period of limitation provided by law after the minor has

reached 18 years of age or the date the minor reaches 50

years of age. As used in this paragraph, the term "sexual

offense" means a crime under the following provisions of

Title 18 (relating to crimes and offenses) OR A CONSPIRACY OR

SOLICITATION TO COMMIT AN OFFENSE UNDER ANY OF THE FOLLOWING

PROVISIONS OF 18 PA.C.S. IF THE OFFENSE RESULTS FROM THE

CONSPIRACY OR SOLICITATION:

[Section 3011(b) (relating to trafficking in

individuals).

Section 3012 (relating to involuntary servitude) as

it relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent

assault).]

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

[Section 4302 (relating to incest).]

Section 4304 (relating to endangering welfare of

children).

Section 6301 (relating to corruption of minors).

Section 6312(b) (relating to sexual abuse of

children).

Section 6320 (relating to sexual exploitation of

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children).

* * *

Section 5. Sections 8522(b) and 8542(b) of Title 42 are

amended by adding paragraphs to read:

SECTION 6. SECTION 8522(B) OF TITLE 42 IS AMENDED BY ADDING

A PARAGRAPH 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) Sexual abuse.--Conduct that constitutes an offense

enumerated under section 5551(7) (relating to no limitation

applicable) if the injuries to the plaintiff were caused by

actions or omissions of the Commonwealth A COMMONWEALTH PARTY

that constitute negligence.

SECTION 7. SECTION 8528 OF TITLE 42 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 8528. LIMITATIONS ON DAMAGES.

* * *

(D) EXCLUSIONS.--THIS SECTION SHALL NOT APPLY TO DAMAGES

AWARDED UNDER SECTION 8522(B)(10) (RELATING TO EXCEPTIONS TO

SOVEREIGN IMMUNITY).

SECTION 8. SECTION 8542(B) OF TITLE 42 IS AMENDED BY ADDING

A PARAGRAPH TO READ:

§ 8542. Exceptions to governmental immunity.

* * *

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

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

imposition of liability on a local agency:

* * *

(9) Sexual abuse.--Conduct that is proscribed by section

5551(7) (relating to no limitation applicable) if the

claimant establishes that:

(i) the local agency acted in a negligent manner;

and

(ii) the action under subparagraph (i) caused injury

to the claimant.

(9) SEXUAL ABUSE.--CONDUCT THAT CONSTITUTES AN OFFENSE

ENUMERATED UNDER SECTION 5551(7) (RELATING TO NO LIMITATION

APPLICABLE) IF THE INJURIES TO THE PLAINTIFF WERE CAUSED BY

ACTIONS OR OMISSIONS OF THE LOCAL AGENCY THAT CONSTITUTE

NEGLIGENCE.

* * *

SECTION 9. SECTION 8553 OF TITLE 42 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 8553. LIMITATIONS ON DAMAGES.

* * *

(E) EXCLUSIONS.--THIS SECTION SHALL NOT APPLY TO DAMAGES

AWARDED UNDER SECTION 8542(B)(9) (RELATING TO EXCEPTIONS TO

GOVERNMENTAL IMMUNITY).

Section 6 10. This act shall apply as follows:

(1) The addition of 42 Pa.C.S. §§ 5533(b)(3), 8522(b)

(10) and 8542(b)(9) shall apply to causes of action which

accrue on or after the effective date of this section.

(2) The amendment or addition of 42 Pa.C.S. §§ 5533(b)

(2)(i) and (3), 5551(7) and 5552(b.1) and (c)(3) shall not be

applied to revive an action that has been barred by an

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existing statute of limitations on the effective date of this

section.

Section 7 11. This act shall take effect immediately.

SECTION 1. SECTION 5522 OF TITLE 42 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 5522. SIX MONTHS LIMITATION.

* * *

ACTION OR PROCEEDING BROUGHT UNDER SECTION 8522(B)(10) (RELATING

TO EXCEPTIONS TO SOVEREIGN IMMUNITY) OR 8542(B)(9) (RELATING TO

EXCEPTIONS TO GOVERNMENTAL IMMUNITY).

SECTION 2. SECTION 5533(B)(2)(I) OF TITLE 42 IS AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 5533. INFANCY, INSANITY OR IMPRISONMENT.

* * *

(B) INFANCY.--

* * *

(2) (I) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL

ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE IS UNDER 18

YEARS OF AGE AT THE TIME THE CAUSE OF ACTION ACCRUES, THE

INDIVIDUAL SHALL HAVE A PERIOD OF [12] 32 YEARS AFTER

ATTAINING 18 YEARS OF AGE IN WHICH TO COMMENCE AN ACTION

FOR DAMAGES REGARDLESS OF WHETHER THE INDIVIDUAL FILES A

CRIMINAL COMPLAINT REGARDING THE CHILDHOOD SEXUAL ABUSE.

* * *

ANY OTHER PROVISION OF LAW, FOR AN INDIVIDUAL ENTITLED TO BRING

A CIVIL ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE WHERE THE

LIMITATION PERIOD HAS EXPIRED, THE INDIVIDUAL SHALL HAVE AN

ADDITIONAL PERIOD OF TWO YEARS FROM THE EFFECTIVE DATE OF THIS

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SUBSECTION TO COMMENCE AN ACTION.

SECTION 3. SECTION 5551 OF TITLE 42 IS AMENDED BY ADDING A

PARAGRAPH TO READ:

§ 5551. NO LIMITATION APPLICABLE.

A PROSECUTION FOR THE FOLLOWING OFFENSES MAY BE COMMENCED AT

ANY TIME:

* * *

(7) AN OFFENSE UNDER ANY OF THE FOLLOWING PROVISIONS OF

18 PA.C.S. (RELATING TO CRIMES AND OFFENSES), OR A CONSPIRACY

OR SOLICITATION TO COMMIT AN OFFENSE UNDER ANY OF THE

FOLLOWING PROVISIONS OF 18 PA.C.S. IF THE OFFENSE RESULTS

FROM THE CONSPIRACY OR SOLICITATION, IF THE VICTIM WAS UNDER

18 YEARS OF AGE AT THE TIME OF THE OFFENSE:

SECTION 3011(B) (RELATING TO TRAFFICKING IN

INDIVIDUALS).

SECTION 3012 (RELATING TO INVOLUNTARY SERVITUDE) AS

IT RELATES TO SEXUAL SERVITUDE.

SECTION 3121 (RELATING TO RAPE).

SECTION 3122.1 (RELATING TO STATUTORY SEXUAL

ASSAULT).

SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL

INTERCOURSE).

SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).

SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL

ASSAULT).

SECTION 3125 (RELATING TO AGGRAVATED INDECENT

ASSAULT).

SECTION 4302 (RELATING TO INCEST).

SECTION 4. SECTION 5552(B.1) AND (C)(3) OF TITLE 42 ARE

AMENDED TO READ:

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§ 5552. OTHER OFFENSES.

* * *

(B.1) MAJOR SEXUAL OFFENSES.--[A] EXCEPT AS PROVIDED IN

SECTION 5551(7) (RELATING TO NO LIMITATION APPLICABLE), A

PROSECUTION FOR ANY OF THE FOLLOWING OFFENSES UNDER TITLE 18

MUST BE COMMENCED WITHIN 12 YEARS AFTER IT IS COMMITTED:

SECTION 3121 (RELATING TO RAPE).

SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).

SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL

INTERCOURSE).

SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).

SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL

ASSAULT).

SECTION 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT).

SECTION 4302 (RELATING TO INCEST).

SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).

(B) OR (B.1) HAS EXPIRED, A PROSECUTION MAY NEVERTHELESS BE

COMMENCED FOR:

* * *

(3) ANY SEXUAL OFFENSE COMMITTED AGAINST A MINOR WHO IS

LESS THAN 18 YEARS OF AGE ANY TIME UP TO THE LATER OF THE

PERIOD OF LIMITATION PROVIDED BY LAW AFTER THE MINOR HAS

REACHED 18 YEARS OF AGE OR THE DATE THE MINOR REACHES 50

YEARS OF AGE. AS USED IN THIS PARAGRAPH, THE TERM "SEXUAL

OFFENSE" MEANS A CRIME UNDER THE FOLLOWING PROVISIONS OF

TITLE 18 (RELATING TO CRIMES AND OFFENSES)[:

SECTION 3011(B) (RELATING TO TRAFFICKING IN

INDIVIDUALS).

SECTION 3012 (RELATING TO INVOLUNTARY SERVITUDE) AS

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IT RELATES TO SEXUAL SERVITUDE.

SECTION 3121 (RELATING TO RAPE).

SECTION 3122.1 (RELATING TO STATUTORY SEXUAL

ASSAULT).

SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL

INTERCOURSE).

SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).

SECTION 3125 (RELATING TO AGGRAVATED INDECENT

ASSAULT).] OR A CONSPIRACY OR SOLICITATION TO COMMIT AN

OFFENSE UNDER ANY OF THE FOLLOWING PROVISIONS OF TITLE 18

IF THE OFFENSE RESULTS FROM THE CONSPIRACY OR

SOLICITATION:

SECTION 3126 (RELATING TO INDECENT ASSAULT).

SECTION 3127 (RELATING TO INDECENT EXPOSURE).

[SECTION 4302 (RELATING TO INCEST).]

SECTION 4304 (RELATING TO ENDANGERING WELFARE OF

CHILDREN).

SECTION 6301 (RELATING TO CORRUPTION OF MINORS).

SECTION 6312(B) (RELATING TO SEXUAL ABUSE OF

CHILDREN).

SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF

CHILDREN).

* * *

SECTION 5. SECTIONS 8522(B) AND 8542(B) OF TITLE 42 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

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NOT BE RAISED TO CLAIMS FOR DAMAGES CAUSED BY:

* * *

(10) SEXUAL ABUSE.--CONDUCT WHICH CONSTITUTES AN OFFENSE

ENUMERATED UNDER SECTION 5551(7) (RELATING TO NO LIMITATION

APPLICABLE) IF THE INJURIES TO THE PLAINTIFF WERE CAUSED BY

ACTIONS OR OMISSIONS OF THE COMMONWEALTH PARTY WHICH

CONSTITUTE GROSS NEGLIGENCE. SOVEREIGN IMMUNITY MAY BE RAISED

TO THE EXTENT THE ACTIONS OR OMISSIONS OF THE COMMONWEALTH

PARTY CONSTITUTE NEGLIGENCE.

§ 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) SEXUAL ABUSE.--CONDUCT WHICH CONSTITUTES AN OFFENSE

ENUMERATED UNDER SECTION 5551(7) (RELATING TO NO LIMITATION

APPLICABLE) IF THE INJURIES TO THE PLAINTIFF WERE CAUSED BY

ACTIONS OR OMISSIONS OF THE LOCAL AGENCY WHICH CONSTITUTE

GROSS NEGLIGENCE. GOVERNMENTAL IMMUNITY MAY BE RAISED TO THE

EXTENT THE ACTIONS OR OMISSIONS OF THE LOCAL AGENCY

CONSTITUTE NEGLIGENCE.

* * *

SECTION 6. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY

PROVISION OF THIS ACT IS HELD INVALID, THE INVALIDITY SHALL NOT

AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE

GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.

SECTION 7. THIS ACT SHALL APPLY AS FOLLOWS:

(1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 5551(7)

AND 5552(B.1) AND (C)(3) SHALL NOT BE APPLIED TO REVIVE AN

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ACTION WHICH HAS BEEN BARRED BY AN EXISTING STATUTE OF

LIMITATIONS ON THE EFFECTIVE DATE OF THIS SECTION.

(2) THE AMENDMENT OR ADDITION OF THE FOLLOWING

PROVISIONS SHALL BE APPLIED RETROACTIVELY TO CIVIL ACTIONS,

INCLUDING TO REVIVE AN ACTION WHICH WAS BARRED BY A STATUTE

OF LIMITATIONS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION:

(I) 42 PA.C.S. § 5522(C).

(II) 42 PA.C.S. § 5533(C).

(III) 42 PA.C.S. § 8522(B)(10).

(IV) 42 PA.C.S. § 8542(B)(9).

(3) THE AMENDMENT OF 42 PA.C.S. § 5533(B)(2)(I) SHALL

APPLY RETROACTIVELY TO CIVIL ACTIONS WHERE THE LIMITATION

PERIOD HAS NOT EXPIRED AS OF THE EFFECTIVE DATE OF THIS

SECTION.

SECTION 8. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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