PRINTER'S NO. 3009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1913
Session of
2015
INTRODUCED BY ROZZI, V. BROWN, YOUNGBLOOD, MURT, D. PARKER,
KINSEY, THOMAS, D. MILLER, DEAN, BARRAR, O'BRIEN, GERGELY,
McNEILL AND MAHONEY, MARCH 22, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for civil action arising from childhood
sexual abuse; and, in matters affecting government units,
further providing for exceptions to sovereign immunity and
governmental immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
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(2) (i) If an individual entitled to bring a civil
action arising from childhood sexual abuse is under 18
years of age at the time the cause of action accrues, the
individual shall have [a]:
(A) A period of 12 years after attaining 18
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years of age in which to commence an action for
damages regardless of whether the individual files a
criminal complaint regarding the childhood sexual
abuse.
(B) Notwithstanding the provisions of clause (A)
or any other provision of law to the contrary, in the
case of an individual entitled to bring a civil
action arising from childhood sexual abuse where the
12-year period in clause (A) has expired, the
individual shall have an additional period of two
years from the effective date of this clause to
commence an action.
(ii) For the purposes of this paragraph, the term
"childhood sexual abuse" shall include, but not be
limited to, the following sexual activities between a
minor and an adult, provided that the individual bringing
the civil action engaged in such activities as a result
of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(A) sexual intercourse, which includes
penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; and
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person.
(iii) For purposes of this paragraph, "forcible
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compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
Section 2. Sections 8522(b) and 8542(b) of Title 42 are
amended by adding paragraphs to read:
§ 8522. Exceptions to sovereign immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a Commonwealth party may result in the imposition of liability
on the Commonwealth and the defense of sovereign immunity shall
not be raised to claims for damages caused by:
* * *
(10) Child sexual abuse.--Acts of child sexual abuse
which constitute negligence when committed by individuals
employed by a public institution, agency or other legal
entity for which actions are brought under section 5533(b)
(relating to infancy, insanity or imprisonment).
§ 8542. Exceptions to governmental immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a local agency or any of its employees may result in the
imposition of liability on a local agency:
* * *
(9) Child sexual abuse.--Acts of child sexual abuse
which constitute negligence when committed by individuals
employed by a public institution, agency or other legal
entity for which actions are brought under section 5533(b)
(relating to infancy, insanity or imprisonment).
* * *
Section 3. This act shall take effect immediately.
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