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PRINTER'S NO. 108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
173
Session of
2015
INTRODUCED BY BOSCOLA, WILLIAMS, HUGHES, FONTANA, FARNESE,
YUDICHAK, BREWSTER, SMITH, TARTAGLIONE AND TEPLITZ,
JANUARY 15, 2015
REFERRED TO JUDICIARY, JANUARY 15, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
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. Sections 5524 and 5531 of Title 42 of the
Pennsylvania Consolidated Statutes are 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
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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.
(8) An action to recover damages for injury to a person
or for the death of a person caused by exposure to asbestos
shall be commenced within two years from the date on which
the person is informed by a licensed physician that the
person has been injured by such exposure or upon the date on
which the person knew or in the exercise of reasonable
diligence should have known that the person had an injury
which was caused by such exposure, whichever date occurs
first.
§ 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
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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 sexual abuse of a
minor in violation of any of the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
(i) section 3121 (relating to rape);
(ii) section 3122.1 (relating to statutory sexual
assault);
(iii) section 3123 (relating to involuntary deviate
sexual intercourse);
(iv) section 3124.1 (relating to sexual assault);
(v) section 3124.2 (relating to institutional sexual
assault);
(vi) section 3125 (relating to aggravated indecent
assault);
(vii) section 3126 (relating to indecent assault);
(viii) section 3127 (relating to indecent exposure);
(ix) section 4302 (relating to incest); or
(x) section 6312(b) (relating to sexual abuse of
children).
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Section 2. This act shall take effect in 60 days.
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