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