H0951B0959A00648 NAD:JMT 04/05/21 #90 A00648
AMENDMENTS TO HOUSE BILL NO. 951
Sponsor: REPRESENTATIVE GREGORY
Printer's No. 959
Amend Bill, page 1, lines 1 through 5, 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 infancy, insanity or imprisonment; in
matters affecting government units, further providing for
exceptions to sovereign immunity and for exceptions to
governmental immunity; and making a related repeal.
Amend Bill, page 1, lines 8 through 20; page 2, lines 1
through 30; by striking out all of said lines on said pages and
inserting
Section 1. Section 5533(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections 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.]
(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.
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(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
(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).]
(c) Temporary window to file claims.--Notwithstanding
subsection (b) or any other provision of law to the contrary,
for an individual entitled to bring a civil action arising from
sexual abuse if the individual was under 18 years of age at the
time the cause of action accrued, and if the limitation period
for that cause of action has expired, the civil action is
revived and the individual shall have an additional period of
two years from the effective date of this subsection to commence
an action.
(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:
"Forcible compulsion." As defined in 18 Pa.C.S. § 3101
(relating to definitions).
"Minor." An individual who has not yet attained 18 years of
age.
"Sexual abuse." The term 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:
(1) sexual intercourse, which includes penetration,
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however slight, of any body part or object into the sex organ
of another;
(2) deviate sexual intercourse, which includes sexual
intercourse per os or per anus; and
(3) 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.
Section 2. Sections 8522(b)(10) and 8542(b)(9) of Title 42
are amended 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.--The following shall apply:
(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 a
cause of action that arose prior to the effective date of
this subparagraph and prospectively to a cause of action
that arises after the effective date of this
subparagraph.
§ 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.--The following shall apply:
(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 a
cause of action that arose prior to the effective date of
this subparagraph and prospectively to a cause of action
that arises after the effective date of this
subparagraph .
* * *
Section 3. This act shall apply as follows:
(1) The addition of 42 Pa.C.S. § 5533(c) shall apply to
revive an action that was barred by an existing statute of
limitations on the effective date of this section.
(2) The amendment of 42 Pa.C.S. §§ 8522 (b)(10) and 8542
(b)(9) shall apply retroactively to an action where the
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limitations period has not expired prior to the effective
date of this section.
(3) The amendment of 42 Pa.C.S. §§ 8522(b)(10) and 8542
(b)(9) shall apply to an action subject to 42 Pa.C.S. §
5533(c) that was barred by an existing statute of limitations
on the effective date of this section.
Section 4. Nothing in this act shall permit the application
of the addition of 42 Pa.C.S. § 5533(c) to an action:
(1) that is subject to a final judgment which, on the
effective date of this section, is not subject to appeal; or
(2) that, on the effective date of this section, has
been nonjudicially resolved in its entirety by the parties,
in a form which is enforceable.
Section 4.1. The Supreme Court of Pennsylvania shall have
extraordinary jurisdiction to hear a challenge to or to render a
declaratory judgment concerning the constitutionality of this
act. The Supreme Court of Pennsylvania may take action as it
deems appropriate, consistent with the Supreme Court retaining
jurisdiction over the matter, to find facts or to expedite a
final judgment in connection with the challenge or request for
declaratory relief.
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 42
Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
(2) Section 10(3)(ii) of the act of November 26, 2019
(P.L.641, No.87), is repealed insofar as the section applies
to 42 Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
Section 6. This act shall take effect immediately.
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