PRINTER'S NO. 166
No. 140 Session of 2007
INTRODUCED BY BISHOP, BELFANTI, BOYD, BUXTON, CLYMER, CREIGHTON, CURRY, DALLY, DePASQUALE, DERMODY, FREEMAN, GALLOWAY, GEORGE, GINGRICH, GOODMAN, HESS, LEVDANSKY, MAHONEY, MARKOSEK, McILHATTAN, MELIO, METCALFE, MOUL, M. O'BRIEN, PALLONE, PARKER, PYLE, ROSS, SCAVELLO, SIPTROTH, STABACK, STERN, R. STEVENSON, SURRA, WATSON, YOUNGBLOOD, PETRONE AND GRUCELA, JANUARY 31, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2007
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 unlimited time to bring civil actions, for tolling 4 limitations of civil actions, for unlimited time to bring 5 criminal actions and for limitation of serious criminal 6 actions. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 5531 of Title 42 of the Pennsylvania 10 Consolidated Statutes is amended by adding a paragraph to read: 11 § 5531. No limitation. 12 The following actions and proceedings may be commenced at any 13 time notwithstanding any other provision of this subchapter 14 except section 5521 (relating to limitations on foreign claims): 15 * * * 16 (4) An action for childhood sexual abuse. As used in 17 this paragraph, the following words and phrases shall have
1 the following meanings: 2 "Childhood sexual abuse." Includes the following: 3 (i) Any of the following sexual activities between a 4 minor and an adult, if the individual bringing the civil 5 action engaged in the activity as a result of forcible 6 compulsion or by threat of forcible compulsion which 7 would prevent resistance by a person of reasonable 8 resolution: 9 (A) Sexual intercourse, which includes 10 penetration, however slight, of any body part or 11 object into the sex organ of another. 12 (B) Deviate sexual intercourse, which includes 13 sexual intercourse per os or per anus. 14 (C) Indecent contact, which includes any 15 touching of the sexual or other intimate parts of the 16 person for the purpose of arousing or gratifying 17 sexual desire in either person. 18 (D) An action which constitutes an offense under 19 any of the following provisions of 18 Pa.C.S.: 20 Section 3121 (relating to rape). 21 Section 3122.1 (relating to statutory sexual 22 assault). 23 Section 3123 (relating to involuntary deviate 24 sexual intercourse). 25 Section 3124.1 (relating to sexual assault). 26 Section 3124.2 (relating to institutional 27 sexual assault). 28 Section 3125 (relating to aggravated indecent 29 assault). 30 Section 3126 (relating to indecent assault). 20070H0140B0166 - 2 -
1 Section 3127 (relating to indecent exposure). 2 Section 4302 (relating to incest). 3 Section 6312 (relating to sexual abuse of 4 children). 5 "Forcible compulsion." As defined in 18 Pa.C.S. § 3101 6 (relating to definitions). 7 Section 2. Section 5533(b)(2) of Title 42 is amended to 8 read: 9 § 5533. Infancy, insanity or imprisonment. 10 * * * 11 (b) Infancy.-- 12 * * * 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; 20070H0140B0166 - 3 -
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 3. Section 5551 of Title 42 is amended by adding a 11 paragraph to read: 12 § 5551. No limitation applicable. 13 A prosecution for the following offenses may be commenced at 14 any time: 15 * * * 16 (6) An offense under any of the following provisions of 17 18 Pa.C.S. if the victim is under 18 years of age: 18 Section 3121 (relating to rape). 19 Section 3122.1 (relating to statutory sexual 20 assault). 21 Section 3123 (relating to involuntary deviate sexual 22 intercourse). 23 Section 3124.1 (relating to sexual assault). 24 Section 3124.2 (relating to institutional sexual 25 assault). 26 Section 3125 (relating to aggravated indecent sexual 27 assault). 28 Section 3126 (relating to indecent assault). 29 Section 3127 (relating to indecent exposure). 30 Section 4302 (relating to incest). 20070H0140B0166 - 4 -
1 Section 6312 (relating to sexual abuse of children). 2 Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42, 3 amended July 7, 2006 (P.L.378, No.81) and November 29, 2006 4 (P.L.1581, No.179), are amended to read: 5 § 5552. Other offenses. 6 * * * 7 (b.1) Major sexual offenses.--[A] Except as set forth in 8 section 5551(6) (relating to no limitation applicable), a 9 prosecution for any of the following offenses under Title 18 10 must be commenced within 12 years after it is committed: 11 Section 3121 (relating to rape). 12 Section 3122.1 (relating to statutory sexual 13 assault). 14 Section 3123 (relating to involuntary deviate sexual 15 intercourse). 16 Section 3124.1 (relating to sexual assault). 17 Section 3125 (relating to aggravated indecent 18 assault). 19 Section 4302 (relating to incest). 20 [Section 6312 (relating to sexual abuse of 21 children).] 22 (c) Exceptions.--If the period prescribed in subsection (a), 23 (b) or (b.1) has expired, a prosecution may nevertheless be 24 commenced for: 25 * * * 26 [(3) Any sexual offense committed against a minor who is 27 less than 18 years of age any time up to the later of the 28 period of limitation provided by law after the minor has 29 reached 18 years of age or the date the minor reaches 50 30 years of age. As used in this paragraph, the term "sexual 20070H0140B0166 - 5 -
1 offense" means a crime under the following provisions of 2 Title 18 (relating to crimes and offenses): 3 Section 3121 (relating to rape). 4 Section 3122.1 (relating to statutory sexual 5 assault). 6 Section 3123 (relating to involuntary deviate sexual 7 intercourse). 8 Section 3124.1 (relating to sexual assault). 9 Section 3125 (relating to aggravated indecent 10 assault). 11 Section 3126 (relating to indecent assault). 12 Section 3127 (relating to indecent exposure). 13 Section 4302 (relating to incest). 14 Section 4304 (relating to endangering welfare of 15 children). 16 Section 6301 (relating to corruption of minors). 17 Section 6312(b) (relating to sexual abuse of 18 children). 19 Section 6320 (relating to sexual exploitation of 20 children).] 21 (c.1) Genetic identification evidence.--Notwithstanding any 22 provision of law to the contrary, if evidence of [a misdemeanor 23 sexual] an offense [set forth in subsection (c)(3)] under 18 24 Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating 25 to indecent exposure) or a felony offense is obtained containing 26 human deoxyribonucleic acid (DNA) which is subsequently used to 27 identify an otherwise unidentified individual as the perpetrator 28 of the offense, the prosecution of the offense may be commenced 29 within the period of limitations provided for the offense or one 30 year after the identity of the individual is determined, 20070H0140B0166 - 6 -
1 whichever is later. 2 * * * 3 Section 5. This act shall take effect in 60 days. A12L42SFL/20070H0140B0166 - 7 -