PRINTER'S NO. 3092
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ROZZI, V. BROWN, SANTARSIERO, HARHART, McGEEHAN, BISHOP, D. MILLER, GAINEY, COHEN, KINSEY, BROWNLEE, SWANGER, YOUNGBLOOD, ROEBUCK, O'BRIEN, STURLA, BURNS, R. BROWN, MURT AND DAVIDSON, MARCH 10, 2014
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2014
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3further providing for tolling limitations of certain civil
4actions and criminal proceedings; and, in matters affecting
5government units, further providing for exceptions to
6sovereign immunity and governmental immunity.
11§ 5533. Infancy, insanity or imprisonment.
12* * *
14(1) (i) If an individual entitled to bring a civil
15action is an unemancipated minor at the time the cause of
16action accrues, the period of minority shall not be
17deemed a portion of the time period within which the
18action must be commenced. Such person shall have the same
19time for commencing an action after attaining majority as
6(2) (i) If an individual entitled to bring a civil
7action arising from childhood sexual abuse is under 18
8years of age at the time the cause of action accrues, the
9individual [shall have a period of 12 years after
10attaining 18 years of age in which to] may commence an
11action for damages at any time regardless of whether the
12individual files a criminal complaint regarding the
13childhood sexual abuse.
14(ii) For the purposes of this paragraph, the term
15"childhood sexual abuse" shall include, but not be
16limited to, the following sexual activities between a
17minor and an adult, provided that the individual bringing
18the civil action engaged in such activities as a result
19of forcible compulsion or by threat of forcible
20compulsion which would prevent resistance by a person of
4(3) Notwithstanding any other provision of law, a civil
5action that would be permitted to be filed pursuant to
6paragraph (2), but for the time limitation contained in
7paragraph (2) to commence an action for damages or any other
8statute of limitations, is revived, and such a civil action
9may be commenced up to the date the individual entitled to
10bring a civil action under paragraph (2) reaches 50 years of
11age. Nothing in this subsection shall be construed to alter
12the applicable statute of limitations period of a civil
13action arising from childhood sexual abuse that is not time
14barred as of the effective date of this paragraph.
15(4) If a person committing an act of childhood sexual
16abuse against a minor was employed by an institution, agency,
17firm, business, corporation or other public or private legal
18entity that owed a duty of care to the victim, or the accused
19and the minor were engaged in some activity over which the
20entity had some degree of responsibility or control, damages
21against the entity shall be awarded under paragraph (3) only
22if there is a finding of gross negligence on the part of the
24(5) If an individual or the individual's legal
25representative has previously brought a civil action arising
26from childhood sexual abuse and that suit has been dismissed
27because it was filed beyond the statute of limitations that
28applied at that time, the individual or the individual's
29legal representative may petition the court to reopen the
30action within the period provided in paragraph (3). The court
16§ 5551. No limitation applicable.
19* * *
20(7) Any sexual offense committed against a minor who is
21less than 18 years of age. As used in this paragraph, the
22term "sexual offense" means a crime under the following
23provisions of Title 18 (relating to crimes and offenses):
24Section 3121 (relating to rape).
29Section 3124.1 (relating to sexual assault).
30Section 3125 (relating to aggravated indecent
2Section 3126 (relating to indecent assault).
3Section 3127 (relating to indecent exposure).
4Section 4302 (relating to incest).
7Section 6301 (relating to corruption of minors).
14§ 5552. Other offenses.
15* * *
19* * *
20[(3) Any sexual offense committed against a minor who is
21less than 18 years of age any time up to the later of the
22period of limitation provided by law after the minor has
23reached 18 years of age or the date the minor reaches 50
24years of age. As used in this paragraph, the term "sexual
25offense" means a crime under the following provisions of
26Title 18 (relating to crimes and offenses):
27Section 3121 (relating to rape).
30Section 3123 (relating to involuntary deviate sexual
2Section 3124.1 (relating to sexual assault).
5Section 3126 (relating to indecent assault).
6Section 3127 (relating to indecent exposure).
7Section 4302 (relating to incest).
10Section 6301 (relating to corruption of minors).
15* * *
18§ 8522. Exceptions to sovereign immunity.
19* * *
20(b) Acts which may impose liability.--The following acts by
21a Commonwealth party may result in the imposition of liability
22on the Commonwealth and the defense of sovereign immunity shall
23not be raised to claims for damages caused by:
24* * *
25(10) Child sexual abuse.--Acts of child sexual abuse
26which constitute gross negligence when committed by
27individuals employed by a public institution, agency or other
28legal entity for which actions are brought under section
295533(b) (relating to infancy, insanity or imprisonment).
30§ 8542. Exceptions to governmental immunity.
1* * *
5* * *
6(9) Child sexual abuse.--Acts of child sexual abuse
7which constitute gross negligence when committed by
8individuals employed by a public institution, agency or other
9legal entity for which actions are brought under section
105533(b) (relating to infancy, insanity or imprisonment).
11* * *
15Section 6. This act shall take effect in 60 days.