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        PRIOR PRINTER'S NOS. 219, 2066                PRINTER'S NO. 2153

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 212 Session of 2001


        INTRODUCED BY GREENLEAF, COSTA, GERLACH, SCHWARTZ, HOLL,
           TOMLINSON, KITCHEN AND ORIE, JANUARY 31, 2001

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 25, 2002

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     seal and for tolling the CIVIL statute of limitations in       <--
     4     childhood sexual abuse cases and in other CRIMINAL STATUTE OF  <--
     5     LIMITATIONS FOR CERTAIN SEXUAL offenses.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 1512 and 5533(b) of Title 42 of the
     9  Pennsylvania Consolidated Statutes are amended to read:
    10  § 1512.  Seal.
    11     Each magisterial district shall have a seal, which shall be
    12  in the custody of the district justice elected or appointed for
    13  such district. The official acts of the district justice shall
    14  be authenticated therewith. There shall be engraved on the seal
    15  such inscription as may be specified by general rule. A
    16  facsimile or preprinted seal may be used for all purposes in
    17  lieu of the original seal.
    18  § 5533.  Infancy, insanity or imprisonment.
    19     * * *

     1     (b)  Infancy.--
     2         (1)  (i)  If an individual entitled to bring a civil
     3         action is an unemancipated minor at the time the cause of
     4         action accrues, the period of minority shall not be
     5         deemed a portion of the time period within which the
     6         action must be commenced. Such person shall have the same
     7         time for commencing an action after attaining majority as
     8         is allowed to others by the provisions of this
     9         subchapter.
    10             (ii)  As used in this [subsection] paragraph, the
    11         term "minor" shall mean any individual who has not yet
    12         attained [the age of 18.] 18 years of age.
    13         (2)  (i)  If an individual entitled to bring a civil
    14         action arising from childhood sexual abuse is under 18
    15         years of age at the time the cause of action accrues, the
    16         individual shall have a period of 12 years after
    17         attaining 18 years of age in which to commence an action
    18         for damages regardless of whether the individual files a
    19         criminal complaint regarding the childhood sexual abuse.
    20             (ii)  For the purposes of this paragraph, the term
    21         "childhood sexual abuse" shall include, but not be
    22         limited to, the following sexual activities between a
    23         minor and an adult, provided that the individual bringing
    24         the civil action engaged in such activities as a result
    25         of forcible compulsion or by threat of forcible
    26         compulsion which would prevent resistance by a person of
    27         reasonable resolution:
    28                 (A)  sexual intercourse, which includes
    29             penetration, however slight, of any body part or
    30             object into the sex organ of another;
    20010S0212B2153                  - 2 -

     1                 (B)  deviate sexual intercourse, which includes
     2             sexual intercourse per os or per anus; and
     3                 (C)  indecent contact, which includes any
     4             touching of the sexual or other intimate parts of the
     5             person for the purpose of arousing or gratifying
     6             sexual desire in either person.
     7             (iii)  For purposes of this paragraph, "forcible
     8         compulsion" shall have the meaning given to it in 18
     9         Pa.C.S. § 3101 (relating to definitions).
    10     Section 2.  Section 5552(b)(1) and (c) of Title 42 are
    11  amended and the section is amended by adding a subsection to
    12  read:
    13  § 5552.  Other offenses.
    14     * * *
    15     (b)  Major offenses.--A prosecution for any of the following
    16  offenses must be commenced within five years after it is
    17  committed:
    18         (1)  Under the following provisions of Title 18 (relating
    19     to crimes and offenses):
    20             Section 901 (relating to criminal attempt) involving
    21         attempt to commit murder where no murder occurs.
    22             Section 902 (relating to criminal solicitation)
    23         involving solicitation to commit murder where no murder
    24         occurs.
    25             Section 903 (relating to criminal conspiracy)
    26         involving conspiracy to commit murder where no murder
    27         occurs.
    28             Section 911 (relating to corrupt organizations).
    29             Section 2702 (relating to aggravated assault).
    30             Section 2706 (relating to terroristic threats).
    20010S0212B2153                  - 3 -

     1             Section 2713 (relating to neglect of care-dependent
     2         person).
     3             Section 2901 (relating to kidnapping).
     4             [Section 3121 (relating to rape).
     5             Section 3122.1 (relating to statutory sexual
     6         assault).
     7             Section 3123 (relating to involuntary deviate sexual
     8         intercourse).
     9             Section 3124.1 (relating to sexual assault).
    10             Section 3125 (relating to aggravated indecent
    11         assault).]
    12             Section 3301 (relating to arson and related
    13         offenses).
    14             Section 3502 (relating to burglary).
    15             Section 3701 (relating to robbery).
    16             Section 3921 (relating to theft by unlawful taking or
    17         disposition) through section 3933 (relating to unlawful
    18         use of computer).
    19             Section 4101 (relating to forgery).
    20             Section 4107 (relating to deceptive or fraudulent
    21         business practices).
    22             Section 4108 (relating to commercial bribery and
    23         breach of duty to act disinterestedly).
    24             Section 4109 (relating to rigging publicly exhibited
    25         contest).
    26             Section 4117 (relating to insurance fraud).
    27             [Section 4302 (relating to incest).]
    28             Section 4701 (relating to bribery in official and
    29         political matters) through section 4703 (relating to
    30         retaliation for past official action).
    20010S0212B2153                  - 4 -

     1             Section 4902 (relating to perjury) through section
     2         4912 (relating to impersonating a public servant).
     3             Section 4952 (relating to intimidation of witnesses
     4         or victims).
     5             Section 4953 (relating to retaliation against witness
     6         or victim).
     7             Section 5101 (relating to obstructing administration
     8         of law or other governmental function).
     9             Section 5111 (relating to dealing in proceeds of
    10         unlawful activities).
    11             Section 5512 (relating to lotteries, etc.) through
    12         section 5514 (relating to pool selling and bookmaking).
    13             Section 5902(b) (relating to prostitution and related
    14         offenses).
    15             [Section 6312 (relating to sexual abuse of
    16         children).]
    17         * * *
    18     (b.1)  Major sexual offenses.--A prosecution for any of the
    19  following offenses must be commenced within 12 years after it is
    20  committed:
    21             Section 3121 (relating to rape).
    22             Section 3122.1 (relating to statutory sexual
    23         assault).
    24             Section 3123 (relating to involuntary deviate sexual
    25         intercourse).
    26             Section 3124.1 (relating to sexual assault).
    27             Section 3125 (relating to aggravated indecent
    28         assault).
    29             Section 4302 (relating to incest).
    30             Section 6312 (relating to sexual abuse of children).
    20010S0212B2153                  - 5 -

     1     (c)  Exceptions.--If the period prescribed in subsection (a)
     2  [or], subsection (b) or (b.1) has expired, a prosecution may
     3  nevertheless be commenced for:
     4         (1)  Any offense a material element of which is either
     5     fraud or a breach of fiduciary obligation within one year
     6     after discovery of the offense by an aggrieved party or by a
     7     person who has a legal duty to represent an aggrieved party
     8     and who is himself not a party to the offense, but in no case
     9     shall this paragraph extend the period of limitation
    10     otherwise applicable by more than three years.
    11         (2)  Any offense committed by a public officer or
    12     employee in the course of or in connection with his office or
    13     employment at any time when the defendant is in public office
    14     or employment or within five years thereafter, but in no case
    15     shall this paragraph extend the period of limitation
    16     otherwise applicable by more than eight years.
    17         (3)  Any sexual offense committed against a minor who is
    18     less than 18 years of age any time up to the period of
    19     limitation provided by law after the minor has reached 18
    20     years of age. As used in this paragraph, the term "sexual
    21     offense" means a crime under the following provisions of
    22     Title 18 (relating to crimes and offenses):
    23             Section 3121 (relating to rape).
    24             [Section 3122 (relating to statutory rape).]
    25             Section 3122.1 (relating to statutory sexual
    26         assault).
    27             Section 3123 (relating to involuntary deviate sexual
    28         intercourse).
    29             [Section 3124 (relating to voluntary deviate sexual
    30         intercourse).]
    20010S0212B2153                  - 6 -

     1             Section 3124.1 (relating to sexual assault).
     2             Section 3125 (relating to aggravated indecent
     3         assault).
     4             Section 3126 (relating to indecent assault).
     5             Section 3127 (relating to indecent exposure).
     6             Section 4302 (relating to incest).
     7             Section 4304 (relating to endangering welfare of
     8         children).
     9             Section 6301 (relating to corruption of minors).
    10             Section 6312(b) (relating to sexual abuse of
    11         children).
    12     Section 3.  The amendment of 42 Pa.C.S. § 5533(b) shall not
    13  be applied to revive an action which has been barred by an
    14  existing statute of limitations on the effective date of this
    15  act.
    16     Section 4.  This act shall take effect in 60 days.










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