Regular Session 2019-2020 House Bill 0962 P.N. 2938

SENATE AMENDED

PRIOR PRINTER'S NOS. 1131, 1187, 1352,

2891

PRINTER'S NO. 2938

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

962

Session of

2019

INTRODUCED BY ROZZI, GREGORY, BRIGGS, KINSEY AND HANBIDGE,

MARCH 27, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 20, 2019

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

PENNSYLVANIA CONSOLIDATED STATUTES, REFORMING REMEDIES FOR

VICTIMS OF SEXUAL ABUSE:

IN LIMITATION OF TIME, further providing for six months

limitation, for infancy, insanity or imprisonment, for no

limitation applicable and for other offenses; and, in matters

affecting government FOR OTHER OFFENSES;

IN MATTERS AFFECTING GOVERNMENT units, further providing

for exceptions to sovereign immunity, for limitations on

damages in actions against Commonwealth parties, for

exceptions to governmental immunity and for limitations on

damages in actions against local parties.; AND

IN SENTENCING ALTERNATIVES, PROVIDING FOR COUNSELING

SERVICES FOR VICTIMS OF SEXUAL ABUSE; AND

TRANSFERRING MONEY FROM THE GENERAL FUND INTO THE CRIME

VICTIM'S COMPENSATION FUND.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5522 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 5522. Six months limitation.

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action or proceeding brought under section 8522(b)(10) (relating

to exceptions to sovereign immunity) or 8542(b)(9) (relating to

exceptions to governmental immunity).

Section 2. Section 5533(b)(2)(i) 5533(B)(2) of Title 42 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] 37 years after

attaining 18 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.

* * *

(I.1) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL

ACTION ARISING FROM SEXUAL ABUSE IS AT LEAST 18 AND LESS

THAN 24 YEARS OF AGE AT THE TIME THE CAUSE OF ACTION

OCCURS, THE INDIVIDUAL SHALL HAVE UNTIL ATTAINING 30

YEARS OF AGE TO COMMENCE AN ACTION FOR DAMAGES REGARDLESS

OF WHETHER THE INDIVIDUAL FILES A CRIMINAL COMPLAINT

REGARDING THE SEXUAL ABUSE.

(II) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM

["CHILDHOOD SEXUAL ABUSE"] "SEXUAL ABUSE" SHALL INCLUDE,

BUT NOT BE LIMITED TO, THE FOLLOWING SEXUAL ACTIVITIES

BETWEEN [A MINOR] AN INDIVIDUAL WHO IS 23 YEARS OF AGE OR

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YOUNGER 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

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

COMPULSION" SHALL HAVE THE MEANING GIVEN TO IT IN 18

PA.C.S. § 3101 (RELATING TO DEFINITIONS).

Section 3. 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 results

from 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

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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 3124.2 (relating to institutional sexual

assault).

Section 3125 (relating to aggravated indecent

assault).

Section 4302 (relating to incest).

Section 4. Section 5552(b.1) and (c)(3) of Title 42 are

amended to read:

SECTION 4. SECTION 5552(B.1), (C)(3) AND (C.1) OF TITLE 42

ARE AMENDED AND SUBSECTION (C) IS AMENDED BY ADDING A PARAGRAPH

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).

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Section 3124.2 (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).

(b) or (b.1) has expired, a prosecution may nevertheless be

commenced for:

* * *

(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] 55

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).] or a conspiracy or solicitation to commit an

offense under any of the following provisions of Title 18

if the offense results from the conspiracy or

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solicitation:

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).

* * *

(3.1) ANY SEXUAL OFFENSE COMMITTED AGAINST AN INDIVIDUAL

WHO IS 23 YEARS OF AGE OR YOUNGER ANY TIME UP TO THE LATER OF

THE PERIOD OF LIMITATION PROVIDED BY LAW AFTER THE INDIVIDUAL

HAS REACHED 24 YEARS OF AGE OR 20 YEARS AFTER THE DATE OF THE

OFFENSE. AS USED IN THIS PARAGRAPH, THE TERM "SEXUAL OFFENSE"

MEANS A CRIME UNDER THE FOLLOWING PROVISIONS OF TITLE 18 OR A

CONSPIRACY OR SOLICITATION TO COMMIT AN OFFENSE UNDER ANY OF

THE FOLLOWING PROVISIONS OF TITLE 18 IF THE OFFENSE RESULTS

FROM THE CONSPIRACY OR SOLICITATION:

SECTION 3011(A) AS IT RELATES TO SEXUAL SERVITUDE.

SECTION 3012 AS IT RELATES TO SEXUAL SERVITUDE.

SECTION 3121(A) AND (B).

SECTION 3123(A).

SECTION 3124.1.

SECTION 3124.2(A) AND (B).

SECTION 3125(A).

SECTION 3126.

SECTION 3127.

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SECTION 4302(A).

* * *

(C.1) GENETIC IDENTIFICATION EVIDENCE.--NOTWITHSTANDING ANY

PROVISION OF LAW TO THE CONTRARY, IF EVIDENCE OF A MISDEMEANOR

SEXUAL OFFENSE SET FORTH IN SUBSECTION (C)(3) OR (3.1) OR A

FELONY OFFENSE IS OBTAINED CONTAINING HUMAN DEOXYRIBONUCLEIC

ACID (DNA) WHICH IS SUBSEQUENTLY USED TO IDENTIFY AN OTHERWISE

UNIDENTIFIED INDIVIDUAL AS THE PERPETRATOR OF THE OFFENSE, THE

PROSECUTION OF THE OFFENSE MAY BE COMMENCED WITHIN THE PERIOD OF

LIMITATIONS PROVIDED FOR THE OFFENSE OR ONE YEAR AFTER THE

IDENTITY OF THE INDIVIDUAL IS DETERMINED, WHICHEVER IS LATER.

* * *

Section 5. Section 8522(b) of Title 42 is amended by adding

a paragraph 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 party which

constitute negligence.

Section 6. Section 8528(c)(5) of Title 42 is amended and the

section is amended by adding a subsection to read:

§ 8528. Limitations on damages.

* * *

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recoverable only for:

* * *

(5) Property losses, except that property losses shall

not be recoverable in claims brought pursuant to section

8522(b)(5) (relating to [potholes and other dangerous

conditions] exceptions to sovereign immunity).

(d) Exclusions.--This section shall not apply to damages

awarded under section 8522(b)(10).

Section 7. Section 8542(b) of Title 42 is amended by adding

a paragraph to read:

§ 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 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 local agency which constitute

negligence.

* * *

Section 8. Section 8553 of Title 42 is amended by adding a

subsection to read:

§ 8553. Limitations on damages.

* * *

(e) Exclusions.--This section shall not apply to damages

awarded under section 8542(b)(9) (relating to exceptions to

governmental immunity).

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SECTION 8.1. TITLE 42 IS AMENDED BY ADDING A SECTION TO

READ:

§ 9730.3. COUNSELING SERVICES FOR VICTIMS OF SEXUAL ABUSE.

(A) ELIGIBILITY.--

(1) SUBJECT TO SUBSECTION (B), THE OFFICE SHALL PROVIDE,

FOR AN INDIVIDUAL WHO IS A DIRECT VICTIM OF SEXUAL ABUSE,

COUNSELING SERVICES RELATED TO THE SEXUAL ABUSE. PAYMENT

SHALL BE MADE DIRECTLY TO THE HEALTH CARE PROVIDER THAT

PROVIDES THE SERVICES FROM THE CRIME VICTIM'S COMPENSATION

FUND. THE OFFICE SHALL DETERMINE THE FORM AND MANNER FOR

RECEIVING PAYMENT UNDER THIS PARAGRAPH.

(2) ELIGIBILITY UNDER PARAGRAPH (1) IS NOT AFFECTED BY

AN ADVERSE DETERMINATION UNDER SECTIONS 704(C) OR 707(A) OF

THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE

CRIME VICTIMS ACT.

(B) VALUE OF SERVICES.--

(1) THE TOTAL VALUE OF SERVICES UNDER SUBSECTION (A)(1)

SHALL NOT EXCEED:

(I) $5,000 IF THE INDIVIDUAL WAS, AT THE TIME OF THE

SEXUAL ABUSE, 18 YEARS OF AGE OR OLDER; AND

(II) $10,000 IF THE INDIVIDUAL WAS, AT THE TIME OF

THE SEXUAL ABUSE, UNDER 18 YEARS OF AGE.

(2) THE VALUE OF SERVICES UNDER SUBSECTION (A)(1) SHALL

BE REDUCED BY THE AMOUNT OF ANY OF THE FOLLOWING PAYMENTS

RECEIVED OR TO BE RECEIVED BY THE INDIVIDUAL FOR COUNSELING

SUBJECT TO SUBSECTION (A) AS A RESULT OF THE SEXUAL ABUSE:

(I) PAYMENT BY THE INDIVIDUAL WHO COMMITTED THE

SEXUAL ABUSE.

(II) PAYMENT UNDER AN INSURANCE PROGRAM OR A HEALTH

AND WELFARE PROGRAM. THIS SUBPARAGRAPH INCLUDES A PROGRAM

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MANDATED BY LAW.

(III) PAYMENT UNDER A CONTRACT OF INSURANCE IN WHICH

THE INDIVIDUAL IS THE BENEFICIARY.

(IV) PAYMENT FROM PUBLIC FUNDS.

(V) PAYMENT UNDER A PENSION PROGRAM. THIS

SUBPARAGRAPH INCLUDES A PROGRAM PROVIDING FOR DISABILITY

OR SURVIVOR'S BENEFITS.

(VI) PAYMENT BY A PARTY ALLEGED TO BE RESPONSIBLE IN

WHOLE OR IN PART FOR THE SEXUAL ABUSE, WITHOUT REGARD TO

THE PARTY'S CRIMINAL CULPABILITY.

(VII) PAYMENT MADE UNDER THE CRIME VICTIMS ACT.

(1) HEALTH CARE PROVIDERS AND INSURERS S HALL RESPOND IN

WRITING TO A REQUEST BY THE OFFICE FOR INFORMATION RELATED TO

THIS SECTION WITHIN 30 DAYS OF RECEIPT OF THE REQUEST.

(2) COMMONWEALTH AGENCIES SHALL COOPERATE WITH THE

OFFICE FOR INFORMATION RELATED TO THIS SECTION.

(3) A PERSON THAT FAILS TO RESPOND TO A REQUEST UNDER

PARAGRAPH (1) SHALL BE SUBJECT TO A PENALTY OF NOT MORE THAN

$50 PER DAY, UP TO AND INCLUDING THE DATE OF COMPLIANCE. THE

OFFICE SHALL MAY ENFORCE THIS PARAGRAPH. THE OFFICE MAY

UTILIZE REVENUE UNDER THIS PARAGRAPH TO IMPLEMENT THIS

SECTION OR TO ASSIST LOCAL VICTIM SERVICE AGENCIES.

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"COUNSELING SERVICES." MENTAL HEALTH THERAPY PERFORMED BY OR

UNDER THE SUPERVISION OF A HEALTH CARE PROVIDER.

"DIRECT VICTIM." AN INDIVIDUAL AGAINST WHOM A CRIME HAS BEEN

COMMITTED OR ATTEMPTED AND WHO AS A DIRECT RESULT OF THE

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CRIMINAL ACT OR ATTEMPT SUFFERS PHYSICAL OR MENTAL INJURY.

"HEALTH CARE PROVIDER." A PERSON LICENSED, CERTIFIED OR

APPROVED BY THE COMMONWEALTH TO PROVIDE HEALTH CARE OR

PROFESSIONAL MEDICAL SERVICES.

"HEALTH CARE PROVIDER." ANY OF THE FOLLOWING:

(1) A PSYCHIATRIST.

(2) AN INDIVIDUAL LICENSED UNDER THE ACT OF MARCH 23,

1972 (P.L.136, NO.52), KNOWN AS THE PROFESSIONAL

PSYCHOLOGISTS PRACTICE ACT.

(3) A LICENSED PROFESSIONAL COUNSELOR, AS DEFINED IN

SECTION 3 OF THE ACT OF JULY 9, 1987 (P.L.220, NO.39), KNOWN

AS THE SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND

PROFESSIONAL COUNSELORS ACT.

(4) A LICENSED SOCIAL WORKER, AS DEFINED IN SECTION 3 OF

THE SOCIAL WORKERS, MARRIAGE AND FAMILY THERAPISTS AND

PROFESSIONAL COUNSELORS ACT.

"OFFICE." THE OFFICE OF VICTIMS' SERVICES IN THE

PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY .

"SEXUAL ABUSE." CONDUCT WHICH OCCURS IN THIS COMMONWEALTH

AND WOULD CONSTITUTE AN OFFENSE UNDER ANY OF THE FOLLOWING

PROVISIONS OF 18 PA.C.S. (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 3124.2 (RELATING TO INSTITUTIONAL SEXUAL

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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 (RELATING TO SEXUAL ABUSE OF CHILDREN).

SECTION 8.2. THE SUM OF $5,000,000 IS TRANSFERRED FROM THE

GENERAL FUND TO THE CRIME VICTIM'S COMPENSATION FUND TO BE USED

UNTIL JUNE 30, 2021, TO IMPLEMENT THE ADDITION OF 42 PA.C.S. §

9730.3(A)(1) FOR COUNSELING SERVICES PROVIDED AFTER THE

EFFECTIVE DATE OF THIS SECTION. IN FISCAL YEARS BEGINNING AFTER

JUNE 30, 2021, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO

IMPLEMENT THE ADDITION OF 42 PA.C.S. § 9730.3(A)(1).

Section 9. The provisions of this act are severable. If any

provision of this act 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 10. This act shall apply as follows:

(1) The amendment or addition of 42 Pa.C.S. §§ 5533(b)

(2)(i) 5533(B), 5551(7) and 5552(b.1) and, (c)(3) AND (3.1)

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.

(2) The amendment of 42 Pa.C.S. § 5533(b)(2)(i) 5533(B)

(2) shall apply retroactively to civil actions where the

limitations period has not expired prior to the effective

date of this section.

(3) The amendment or addition of the following

provisions shall apply retroactively, including to civil

actions where the limitation period has expired prior to the

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effective date of this section:

(i) 42 Pa.C.S. § 5522(c).

(ii) 42 Pa.C.S. § 8522(b)(10).

(iii) 42 Pa.C.S. § 8528(d).

(iv) 42 Pa.C.S. § 8542(b)(9).

(v) 42 Pa.C.S. § 8553(e).

Section 11. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The remainder of this act shall take effect upon the

first passage of House Bill No. 963, Printer's No. 1130

(2019), by both chambers of the General Assembly.

(3) THE ADDITION OF 42 PA.C.S. §§ 5522(C), 8522(B)(10),

8528(D), 8542(B)(9) AND 8553(E) SHALL APPLY AS FOLLOWS:

(I) PROSPECTIVELY, TO A CAUSE OF ACTION WHICH ARISES

ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

(II) RETROACTIVELY, TO A CAUSE OF ACTION IF THE

CAUSE OF ACTION AROSE BEFORE THE EFFECTIVE DATE OF THIS

SECTION. NOTHING IN THIS SUBPARAGRAPH SHALL DO ANY OF THE

FOLLOWING:

(A) REVIVE A CAUSE OF ACTION AS TO WHICH THE

LIMITATION PERIOD HAS EXPIRED PRIOR TO THE EFFECTIVE

DATE OF THIS SECTION.

(B) PERMIT THE APPLICATION OF THE ADDITION OF 42

PA.C.S. §§ 5522(C), 8522(B)(10), 8528(D), 8542(B)(9)

AND 8553(E) TO A CLAIM:

(I) THAT IS SUBJECT TO A FINAL JUDGMENT

WHICH, ON THE EFFECTIVE DATE OF THIS SECTION, IS

NOT SUBJECT TO APPEAL; OR

(II) THAT, ON THE EFFECTIVE DATE OF THIS

SECTION, HAS BEEN NONJUDICIALLY RESOLVED IN ITS

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ENTIRETY BY THE PARTIES, IN A FORM WHICH IS

ENFORCEABLE.

SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) SECTION 10 OF THIS ACT.

(II) THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT UPON

FIRST PASSAGE OF HOUSE BILL NO. 963, PRINTER'S NO. 1130

(2019), BY BOTH CHAMBERS OF THE GENERAL ASSEMBLY OR

IMMEDIATELY, WHICHEVER IS LATER.

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