THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY McGEEHAN, K. BOYLE, KORTZ, V. BROWN, ROEBUCK, PAYTON, DAVIDSON, CRUZ, SANTARSIERO, BRIGGS, BISHOP, SWANGER, JOSEPHS, MIRABITO, K. SMITH, REICHLEY, DONATUCCI, FARRY, YOUNGBLOOD, HORNAMAN, DAVIS, MILNE, MURPHY AND GERBER, MARCH 2, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 20, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

limitations of time for commencement of civil action arising

from childhood sexual abuse; and providing for a limitation

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on certain contingency fees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5533(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

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adding a subsection to read:

§ 5533.  Infancy, insanity or imprisonment.

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(b)  Infancy.--

(1)  (i)  If an individual entitled to bring a civil

action is an unemancipated minor at the time the cause of

action accrues, the period of minority shall not be

deemed a portion of the time period within which the

action must be commenced. Such person shall have the same

time for commencing an action after attaining majority as

is allowed to others by the provisions of this

subchapter.

(ii)  As used in this paragraph, the term "minor"

shall mean any individual who has not yet attained 18

years of age.

(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.

(ii)  For the purposes of this paragraph, the term

"childhood sexual abuse" shall include, but not be

limited to, the following sexual activities between a

minor and an adult, provided that the individual bringing

the civil action engaged in such activities as a result

of forcible compulsion or by threat of forcible

compulsion which would prevent resistance by a person of

reasonable resolution:

(A)  sexual intercourse, which includes

penetration, however slight, of any body part or

object into the sex organ of another;

(B)  deviate sexual intercourse, which includes

sexual intercourse per os or per anus; and

(C)  indecent contact, which includes any

touching of the sexual or other intimate parts of the

person for the purpose of arousing or gratifying

sexual desire in either person.

(iii)  For purposes of this paragraph, "forcible

compulsion" shall have the meaning given to it in 18

Pa.C.S. § 3101 (relating to definitions).

(3)  Notwithstanding any other provision of law, a civil

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action that is permitted to be filed pursuant to paragraph

(2) but would otherwise be barred as of July 1, 2011, solely

because the statute of limitations has expired is revived,

and such a civil action may be commenced within two years of

July 1, 2011. Nothing in this subsection shall be construed

to alter the applicable statute of limitations period of a

civil action arising from childhood sexual abuse that is not

time barred as of July 1, 2011.

(4)  If a person committing an act of childhood sexual

abuse against a minor was employed by an institution, agency,

firm, business, corporation or other public or private legal

entity that owed a duty of care to the victim, or the accused

and the minor were engaged in some activity over which the

entity had some degree of responsibility or control, damages

against the entity shall be awarded under paragraph (3) only

if there is a finding of gross negligence on the part of the

entity.

(5)  If an individual or the individual's legal

representative has previously brought a civil action arising

from childhood sexual abuse and that suit has been dismissed

because it was filed beyond the statute of limitations that

applied at that time, the individual or the individual's

legal representative may petition the court to reopen the

action within the period provided in paragraph (3). The court

may grant the petition if it determines that any of the

following exist:

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

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

(ii)  The existence of newly discovered evidence

that, with reasonable diligence, could not have been

discovered before the prior statute of limitations

expired.

(iii)  Fraud, inexcusable neglect, misrepresentation

or misconduct by an opposing party.

(iv)  Any other extraordinary circumstances that the

court believes are in the interest of justice.

(c)  Limitation.--For an action brought under subsection

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(b)(2), a contingency fee paid to an attorney may not exceed 15%

of the amount of the award or settlement.

Section 2.  This act shall take effect immediately.