S0261B0631A09168 MSP:CDM 09/12/18 #90 A09168
AMENDMENTS TO SENATE BILL NO. 261
Sponsor: REPRESENTATIVE ROZZI
Printer's No. 631
Amend Bill, page 1, lines 1 through 8, by striking out all of
said lines and inserting
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.
Amend Bill, page 1, lines 11 through 20; pages 2 through 8,
lines 1 through 30; by striking out all of said lines on said
pages and inserting
Section 1. Section 5522 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 5522. Six months limitation.
* * *
(c) Exception.--This section shall not apply to any civil
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.
* * *
(c) Revival of claims.--Notwithstanding subsection (b) or
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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
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:
§ 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).
(c) Exceptions.--If the period prescribed in subsection (a),
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(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
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
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
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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. Severability.
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
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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