H0962B2891A03954 SFR:AAS 11/18/19 #90 A03954
AMENDMENTS TO HOUSE BILL NO. 962
Sponsor: SENATOR MUTH
Printer's No. 2891
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles 23 (Domestic Relations) and
Amend Bill, page 1, line 3, by inserting after "STATUTES,"
in child protective services, further providing for penalties;
and
Amend Bill, page 1, lines 18 and 19, by striking out all of
said lines and inserting
Section 1. Section 6319(b), (c) and (d) of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 6319. Penalties.
* * *
(b) Continuing course of action.--If a person's willful
failure under [subsection (a)] this section to report an
individual suspected of child abuse continues while the person
knows or has reasonable cause to [believe the] suspect a child
is [actively] being subjected to child abuse by the same
individual, or while the person knows or has reasonable cause to
suspect that the same individual continues to have direct
contact with children through the individual's employment,
program, activity or service, the person commits a [misdemeanor
of the first degree] felony of the third degree, except that if
the child abuse constitutes a felony of the first degree or
higher, the person commits a felony of the [third] second
degree.
(c) Multiple offenses.--A person who [commits a second or
subsequent offense under subsection (a)], at the time of
sentencing for an offense under this section, has been convicted
of a prior offense under this section commits a felony of the
third degree, except that if the child abuse constitutes a
felony of the first degree or higher, the penalty for the second
or subsequent offenses is a felony of the second degree.
(d) Statute of limitations.--The statute of limitations for
an offense under [subsection (a)] this section shall be either
the statute of limitations for the crime committed against the
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minor child or five years, whichever is greater.
Section 1.1. Section 5522 of Title 42 is amended by adding a
subsection to read:
Amend Bill, page 2, line 4, by inserting after "amended"
and the section is amended by adding subsections
Amend Bill, page 2, line 13, by inserting a bracket before
"shall"
Amend Bill, page 2, line 13, by striking out the bracket
before "12"
Amend Bill, page 2, line 13, by striking out "] 37"
Amend Bill, page 2, line 14, by inserting after "to"
] may
Amend Bill, page 2, line 16, by inserting after "abuse"
or the age of the individual
Amend Bill, page 2, by inserting between lines 17 and 18
(c) Postinfancy action.--
(1) If an individual entitled to bring a civil action
arising from sexual abuse is 18 years of age or older at the
time the cause of action accrues, the individual may commence
an action for damages regardless of whether the individual
files a criminal complaint regarding the sexual abuse or the
age of the individual.
(2) For the purpose of this subsection, the term "sexual
abuse" shall include actions that constitute an offense under
the following provisions of 18 Pa.C.S. (relating to crimes
and offenses):
Section 3011(a) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
Section 3121 (relating to rape).
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).
(d) Revival of claims.--The following shall apply:
(1) Notwithstanding subsection (b) or any other
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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.
(2) Notwithstanding subsection (c) or any other
provision of law, for an individual who is 18 years of age or
older and entitled to bring a civil action arising from
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.
Amend Bill, page 2, lines 18 and 19, by striking out "a
paragraph" and inserting
paragraphs
Amend Bill, page 3, by inserting between lines 14 and 15
(8) An offense under any of the following provisions of
18 Pa.C.S., 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 18 years of age or older at the time of the
offense:
Section 3011(a).
Section 3012 as it relates to sexual servitude.
Section 3121.
Section 3123.
Section 3124.1.
Section 3124.2.
Section 3125.
Section 4302.
Amend Bill, page 3, line 20, by inserting after "5551(7)"
or (8)
Amend Bill, page 5, by inserting between lines 9 and 10
Section 4.1. Title 42 is amended by adding a section to
read:
§ 8316.2. Contracts or agreements for nondisclosure of certain
conduct.
(a) Prohibition.--Except as provided in subsection (b), an
individual may not enter into, revise or amend an agreement,
contract, settlement or similar instrument that includes a
provision that:
(1) prohibits or attempts to prohibit the disclosure of
the name of an individual suspected of sexual abuse;
(2) suppresses or attempts to suppress information
relevant to an investigation by law enforcement authorities
into a claim of sexual abuse;
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(3) impairs or attempts to impair the ability of an
individual to report a claim of sexual abuse to law
enforcement authorities; or
(4) impairs or attempts to impair the ability of an
individual to publicly disclose a claim of sexual abuse.
(b) Exception.--An individual may enter into, revise or
amend an agreement, contract, settlement or similar instrument
to include a provision prohibited under subsection (a)(1) or (4)
if the individual who was the victim of sexual abuse requests a
provision be included.
(c) Void provisions.--A provision of an agreement, contract,
settlement or similar instrument that is contrary to this
section shall be void and unenforceable.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Childhood sexual abuse." Conduct that is subject to 23
Pa.C.S. Ch. 63 (relating to child protective services) and is
directed toward or against a child, notwithstanding the age of
the child.
"Law enforcement authorities." An individual or entity
charged with the enforcement of Federal, State or municipal law.
"Sexual abuse." As defined in section 5533(c)(2) (relating
to infancy, insanity or imprisonment). The term includes
childhood sexual abuse.
Amend Bill, page 5, line 20, by inserting after "5551(7)"
or (8)
Amend Bill, page 6, line 16, by inserting after "5551(7)"
or (8)
Amend Bill, page 10, lines 14 through 30; page 11, lines 1
through 13; by striking out all of said lines on said pages and
inserting
Section 11. This act shall take effect immediately.
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See A03954 in
the context
of HB0962