Amendment 593 to House Bill 14 P.N. 1017, Regular Session 2021-2022

H0014B1017A00593 AJB:JMT 03/23/21 #90 A00593

AMENDMENTS TO HOUSE BILL NO. 14

Sponsor: SENATOR MUTH

Printer's No. 1017

Amend Bill, page 1, prior passage line, by striking out all

of said line

Amend Bill, page 1, before line 1, by striking out "A JOINT

RESOLUTION" and inserting

AN ACT

Amend Bill, page 1, lines 1 through 17; pages 2 through 5,

lines 1 through 30; page 6, lines 1 through 20; by striking out

all of said lines on said pages and inserting

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

further providing for infancy, insanity or imprisonment; 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. Section 5533(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 5533. Infancy, insanity or imprisonment.

* * *

(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.

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

action arising from sexual abuse is under 18 years of age

at the time the cause of action accrues, the individual

shall have a period of 37 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 sexual abuse.

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

action arising from sexual abuse is at least 18 and less

than 24 years of age at the time the cause of action

occurs, the individual shall have until attaining 30

years of age to commence an action for damages regardless

of whether the individual files a criminal complaint

regarding the sexual abuse.

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

"sexual abuse" shall include, but not be limited to, the

following sexual activities between an individual who is

23 years of age or younger 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

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 the provisions under paragraph (2)

or any other provision of law to the contrary, in the case of

an individual 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 paragraph to commence an action.

shall have exclusive jurisdiction to hear any challenge to or to

render a declaratory judgment concerning the constitutionality

of subsection (b)(3). The Supreme Court is authorized to take

such action as it deems appropriate, consistent with the Supreme

Court retaining jurisdiction over such a matter, to find facts

or to expedite a final judgment in connection with such a

challenge or request for declaratory relief.

Section 2. Sections 8522(b)(10) and 8542(b)(9) of Title 42

are amended to read:

§ 8522. Exceptions to sovereign immunity.

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* * *

(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.--

(i) 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 negligence.

(ii) This paragraph shall apply retroactively to any

cause of action that arose before the effective date of

this paragraph.

§ 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.--

(i) 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 negligence.

(ii) This paragraph shall apply retroactively to any

cause of action that arose before the effective date of

this paragraph.

* * *

Section 3. As follows:

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

8522(b)(10) and 8542(b)(9) shall apply retroactively to civil

actions, including to revive an action that was barred by a

limitation period prior to the effective date of this

section.

(2) The amendment of 42 Pa.C.S. §§ 8522(b)(10) and

8542(b)(9) shall apply to any action that was barred by an

existing statute of limitations on the effective date of this

section.

Section 4. This act shall take effect immediately.

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