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CORRECTIVE REPRINT
A00662
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
962
Session of
2019
INTRODUCED BY ROZZI, GREGORY AND BRIGGS, MARCH 27, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, 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
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.
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.
* * *
(c) Exception.--This section shall not apply to any civil
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) of Title 42 is amended to
read:
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§ 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.
* * *
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
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
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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:
§ 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 (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] 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
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
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children).
Section 6320 (relating to sexual exploitation of
children).
* * *
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.
* * *
(c) Types of damages recoverable.--Damages shall be
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
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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).
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), 5551(7) and 5552(b.1) and (c)(3) shall not be applied
to revive an action which has been barred by an existing
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statute of limitations on the effective date of this section.
(2) The amendment of 42 Pa.C.S. § 5533(b)(2)(i) 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
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 in 60 days. 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.
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