THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, WASHINGTON, ERICKSON, FONTANA, RAFFERTY, KASUNIC, TARTAGLIONE, MUSTO, LOGAN, ALLOWAY AND HUGHES, APRIL 23, 2009

REFERRED TO JUDICIARY, APRIL 23, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

limitations on civil actions based on certain assaults.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5524 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 5524.  Two year limitation.

The following actions and proceedings must be commenced

within two years:

(1)  [An] Except as provided in section 5531(4) (relating

to no limitation), an action for assault, battery, false

imprisonment, false arrest, malicious prosecution or

malicious abuse of process.

(2)  [An] Except as provided in section 5531(4), an

action to recover damages for injuries to the person or for

the death of an individual caused by the wrongful act or

neglect or unlawful violence or negligence of another.

(3)  An action for taking, detaining or injuring personal

property, including actions for specific recovery thereof.

(4)  An action for waste or trespass of real property.

(5)  An action upon a statute for a civil penalty or

forfeiture.

(6)  An action against any officer of any government unit

for the nonpayment of money or the nondelivery of property

collected upon on execution or otherwise in his possession.

(7)  [Any] Except as provided in section 5531(4), any

other action or proceeding to recover damages for injury to

person or property which is founded on negligent,

intentional, or otherwise tortious conduct or any other

action or proceeding sounding in trespass, including deceit

or fraud, except an action or proceeding subject to another

limitation specified in this subchapter.

Section 2.  Section 5531 of Title 42 is amended to read:

§ 5531.  No limitation.

The following actions and proceedings may be commenced at any

time notwithstanding any other provision of this subchapter

except section 5521 (relating to limitations on foreign claims):

(1)  An action against an attorney at law by or on behalf

of a client to enforce any implied or resulting trust as to

real property.

(2)  An action by the Commonwealth, a county or an

institution district against the real or personal property of

persons who were public charges, including mental patients,

to recover the cost of their maintenance and support.

(3)  An action by the Commonwealth, a county or an

institution district against the real or personal property of

persons who were legally liable to pay for the maintenance

and support of persons who were public charges, including

mental patients, to recover the cost of their maintenance and

support.

(4)  A personal injury action based on any of the

following:

(i)  Murder.

(ii)  Voluntary manslaughter.

(iii)  Conspiracy to commit murder or solicitation to

commit murder if a murder results from the conspiracy or

solicitation.

(iv)  Any felony alleged to have been perpetrated in

connection with a murder of the first or second degree,

as set forth in 18 Pa.C.S. § 2502(a), (b) and (d)

(relating to murder).

(v)  A violation of 75 Pa.C.S. § 3732 (relating to

homicide by vehicle) or 3742 (relating to accidents

involving death or personal injury) if the accused was

the driver of a vehicle involved in an accident resulting

in the death of any person.

(vi)  Any violation of 18 Pa.C.S. (relating to crimes

and offenses) as follows:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate

sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 6312(b) (relating to sexual abuse of

children).

Section 3.  This act shall take effect in 60 days.