PRINTER'S NO. 600
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
612
Session of
2017
INTRODUCED BY ROZZI, BURNS, CALTAGIRONE, FRANKEL, SIMS, DEAN,
HARKINS, McCLINTON, O'BRIEN, MURT, FREEMAN, KINSEY,
J. HARRIS, MILLARD, GILLESPIE, V. BROWN, DAVIS, McNEILL,
KAUFER, STURLA, ROEBUCK, DeLISSIO, WATSON, DeLUCA, SOLOMON,
BRIGGS, WARREN AND TOOHIL, FEBRUARY 21, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 21, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for infancy, insanity or imprisonment, for
no limitation applicable and for other offenses; and, in
matters affecting government units, further providing for
exceptions to sovereign immunity and for exceptions to
governmental immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b)(2)(i) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(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 period of 12 years after
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attaining 18 years of age]:
(A) No period of limitation 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
limitation 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.
* * *
Section 2. Section 5551 of Title 42 is amended by adding a
paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(7) An offense under any of the following provisions of
18 Pa.C.S. (relating to crimes and offenses) , or a conspiracy
or solicitation to commit an offense under any of the
following provisions of 18 Pa.C.S. if the offense is
facilitated by the conspiracy or solicitation, if the victim
was under 18 years of age at the time of the offense:
Section 3011(b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude) as it
relates to sexual servitude.
Section 3121 (relating to rape).
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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 4302 (relating to incest).
Section 3. Section 5552(b.1) and (c)(3) of Title 42 are
amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--[A] Except as provided in
section 5551(7) (relating to no limitation applicable), a
prosecution for any of the following offenses under Title 18
must be commenced within 12 years after it is committed:
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(a) and (a.2) (relating to institutional
sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
(c) Exceptions.--If the period prescribed in subsection (a),
(b) or (b.1) has expired, a prosecution may nevertheless be
commenced for:
* * *
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(3) Any sexual offense committed against a minor who is
less than 18 years of age any time up to the later of the
period of limitation provided by law after the minor has
reached 18 years of age or the date the minor reaches 50
years of age. As used in this paragraph, the term "sexual
offense" means a crime under the following provisions of
Title 18 (relating to crimes and offenses):
[Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
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 3125 (relating to aggravated indecent
assault).]
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
[Section 4302 (relating to incest).]
Section 4304 (relating to endangering welfare of
children).
Section 6301 (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of
children).
Section 6320 (relating to sexual exploitation of
children).
* * *
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Section 4. 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) Sexual abuse.--Conduct which constitutes an offense
enumerated under section 5551(7) (relating to no limitation
applicable) if the injuries to the plaintiff were caused by
actions or omissions of the Commonwealth which constitute
negligence.
§ 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) Sexual abuse.--Conduct which is proscribed by the
provisions of 18 Pa.C.S. (relating to crimes and offenses)
enumerated in section 5551(7) (relating to no limitation
applicable) if the claimant establishes that:
(i) the local agency acted in a negligent manner;
and
(ii) the action under subparagraph (i) caused injury
to the claimant.
* * *
Section 5. This act shall apply as follows:
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(1) The addition of 42 Pa.C.S. § 8542(b)(9) shall apply
to causes of action which arise on or after the effective
date of this paragraph.
(2) The amendment or addition of 42 Pa.C.S. §§ 5551(7)
and 5552(b.1) and (c)(3) shall not be applied to revive an
action which has been barred by an existing statute of
limitations on the effective date of this section.
(3) The addition of 42 Pa.C.S. § 5533(b)(2)(i)(B) shall
be applied retroactively, including to revive an action which
was barred by a statute of limitations prior to the effective
date of this section.
Section 6. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 7. This act shall take effect immediately.
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