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SENATE AMENDED
A03961
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
962
Session of
2019
INTRODUCED BY ROZZI, GREGORY, BRIGGS, KINSEY AND HANBIDGE,
MARCH 27, 2019
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 18, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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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 and
the section is amended by adding subsections 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] may commence an
action for damages regardless of whether the individual
files a criminal complaint regarding the childhood sexual
abuse or the age of the individual.
* * *
(c) Postinfancy action.--
(1) If an individual entitled to bring a civil action
arising from sexual abuse is 18 years of age or older at the
time the cause of action accrues, the individual may commence
an action for damages regardless of whether the individual
files a criminal complaint regarding the sexual abuse or the
age of the individual.
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(2) For the purpose of this subsection, the term "sexual
abuse" shall include actions that constitute an offense under
the following provisions of 18 Pa.C.S. (relating to crimes
and offenses):
Section 3011(a) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
Section 3121 (relating to rape).
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).
(d) Revival of claims.--The following shall apply:
(1) Notwithstanding subsection (b) or any other
provision of law, for an individual entitled to bring a civil
action arising from childhood sexual abuse where the
limitation period has expired, the individual shall have an
additional period of two years from the effective date of
this subsection to commence an action.
(2) Notwithstanding subsection (c) or any other
provision of law, for an individual who is 18 years of age or
older and entitled to bring a civil action arising from
sexual abuse where the limitation period has expired, the
individual shall have an additional period of two years from
the effective date of this subsection to commence an action.
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Section 3. Section 5551 of Title 42 is amended by adding a
paragraph paragraphs 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
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).
(8) An offense under any of the following provisions of
18 Pa.C.S., or a conspiracy or solicitation to commit an
offense under any of the following provisions of 18 Pa.C.S.
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if the offense results from the conspiracy or solicitation,
if the victim was 18 years of age or older at the time of the
offense:
Section 3011(a).
Section 3012 as it relates to sexual servitude.
Section 3121.
Section 3123.
Section 3124.1.
Section 3124.2.
Section 3125.
Section 4302.
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) or (8) (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),
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(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
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).
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Section 6301 (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of
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) or (8) (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
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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) or (8) (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 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,
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COUNSELING SERVICES RELATED TO THE SEXUAL ABUSE. PAYMENT
SHALL BE MADE TO THE HEALTH CARE PROVIDER THAT PROVIDES THE
SERVICES FROM THE CRIME VICTIM'S COMPENSATION FUND.
(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
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
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WHOLE OR IN PART FOR THE SEXUAL ABUSE, WITHOUT REGARD TO
THE PARTY'S CRIMINAL CULPABILITY.
(VII) PAYMENT MADE UNDER THE CRIME VICTIMS ACT.
(C) COOPERATION.--
(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 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:
"DIRECT VICTIM." AN INDIVIDUAL AGAINST WHOM A CRIME HAS BEEN
COMMITTED OR ATTEMPTED AND WHO AS A DIRECT RESULT OF THE
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.
"OFFICE." THE OFFICE OF VICTIMS' SERVICES.
"SEXUAL ABUSE." CONDUCT WHICH 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
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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 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 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
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:
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(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
ENTIRETY BY THE PARTIES, IN A FORM WHICH IS
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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.
Section 11. This act shall take effect immediately.
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