PRINTER'S NO. 959
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
951
Session of
2021
INTRODUCED BY ROZZI, MARCH 17, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government unites, further providing for exceptions to
sovereign immunity and for exceptions to governmental
immunity; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 8522(b)(10) and 8542(b)(9) of Title 42
of the Pennsylvania Consolidated Statutes, added November 26,
2019 (P.L.641, No.87), are amended 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.--The following shall apply:
(i) Conduct which constitutes an offense enumerated
under section 5551(7) (relating to no limitation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
applicable) if the injuries to the plaintiff were caused
by actions or omissions of the Commonwealth party which
constitute negligence.
(ii) This paragraph shall apply retroactively to a
cause of action that arose prior to the effective date of
this subparagraph.
§ 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.--The following shall apply:
(i) 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.
(ii) This paragraph shall apply retroactively to a
cause of action that arose prior to the effective date of
this subparagraph.
* * *
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 42
Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
(2) Section 10(3)(ii) of the act of November 26, 2019
(P.L.641, No.87), is repealed insofar as the section applies
to 42 Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
Section 3. This act shall take effect immediately.
20210HB0951PN0959 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30