Trial Engrossment of Amendment A00593 to House Bill 0014 P.N. 1017, Regular Session 2021-2022

SENATE AMENDED

PRIOR PASSAGE - J.R. 2019-2 NONE

A00593

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2021

INTRODUCED BY GREGORY, ROZZI, MILLARD, SANCHEZ, SCHLOSSBERG AND

SCHMITT, JANUARY 11, 2021

SENATOR K. WARD, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-

REPORTED AS AMENDED, MARCH 23, 2021

A JOINT RESOLUTION

PROPOSING AN EMERGENCY AMENDMENT TO THE CONSTITUTION OF THE

COMMONWEALTH OF PENNSYLVANIA, FURTHER PROVIDING FOR COURTS TO

BE OPEN AND SUITS AGAINST THE COMMONWEALTH.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following amendment to the Constitution of

Pennsylvania is proposed in accordance with Article XI:

That Section 11 of Article I be amended to read:

§ 11. Courts to be open; suits against the Commonwealth.

(a) All courts shall be open; and every man for an injury

done him in his lands, goods, person or reputation shall have

remedy by due course of law, and right and justice administered

without sale, denial or delay. Suits may be brought against the

Commonwealth in such manner, in such courts and in such cases as

the Legislature may by law direct.

(b) An individual for whom a statutory limitations period

has already expired shall have a period of two years from the

time that this subsection becomes effective to commence an

action arising from childhood sexual abuse, in such cases as

provided by law at the time that this subsection becomes

effective.

Section 2. (a) Upon the first passage by the General

Assembly of this proposed constitutional amendment, the

Secretary of the Commonwealth shall proceed immediately to

comply with the advertising requirements of section 1 of Article

XI of the Constitution of Pennsylvania and shall transmit the

required advertisements to two newspapers in every county in

which such newspapers are published in sufficient time after

passage of this proposed constitutional amendment.

(b) Upon the second passage by the General Assembly of this

proposed constitutional amendment, the Secretary of the

Commonwealth shall proceed immediately to comply with the

advertising requirements of section 1 of Article XI of the

Constitution of Pennsylvania and shall transmit the required

advertisements to two newspapers in every county in which such

newspapers are published in sufficient time after passage of

this proposed constitutional amendment. The Secretary of the

Commonwealth shall submit this proposed constitutional amendment

to the qualified electors of this Commonwealth at the first

primary, general or municipal election which meets the

requirements of and is in conformance with section 1 of Article

XI of the Constitution of Pennsylvania and which occurs at least

three months after the proposed constitutional amendment is

passed by the General Assembly.

SECTION 1. THE FOLLOWING SHALL APPLY:

(1) THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:

(I) A CONSTITUTIONAL AMENDMENT CREATING A TWO-YEAR

A00593 - 2 -

WINDOW FOR VICTIMS TO BRING CIVIL ACTIONS AGAINST THEIR

ABUSERS UNENCUMBERED BY THE STATUTE OF LIMITATIONS, THE

DOCTRINE OF SOVEREIGN IMMUNITY OR THE CAP ON DAMAGES

PLACED ON LITIGATION AGAINST PUBLIC ENTITIES, WAS

INITIALLY PASSED BY JOINT RESOLUTION 2 OF 2019 (P.L.835,

J.R.2).

(II) SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF

PENNSYLVANIA REQUIRES AN AMENDMENT TO THE CONSTITUTION OF

PENNSYLVANIA TO BE PASSED BY A MAJORITY IN EACH CHAMBER

IN CONSECUTIVE LEGISLATIVE SESSIONS AND PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

(III) THE CONSTITUTIONAL AMENDMENT IN SUBPARAGRAPH

(I) COULD BE SUBMITTED ON MAY 18, 2021, TO THE ELECTORS

UPON PASSAGE IN THIS LEGISLATIVE SESSION BUT FOR THE

FAILURE OF THE SECRETARY OF THE COMMONWEALTH TO PUBLISH

CONSTITUTIONALLY REQUIRED NOTICE.

(IV) THE SECRETARY'S FAILURE FRUSTRATES THE

CONSTITUTIONAL AMENDMENT PROCESS; DENIES THE PEOPLE OF

PENNSYLVANIA THEIR OPPORTUNITY TO HAVE THEIR VOICES HEARD

IN AMENDING THEIR CONSTITUTION; AND, THREATENS THE VERY

NATURE OF THE COMMONWEALTH'S REPUBLICAN FORM OF

GOVERNMENT.

(V) THE FAILURE UNDER SUBPARAGRAPH (III) REQUIRES

SEVERAL ADDITIONAL YEARS TO REMEDY, PREVENTS THE

AMENDMENT FROM BEING PRESENTED TO THE ELECTORS ON MAY 18,

2021, AND IS AN ACT BEYOND THE CONTROL OF THE GENERAL

ASSEMBLY AND OF THE CITIZENS AND, THEREFORE, CONSTITUTES

AN EMERGENCY.

(2) THE GENERAL ASSEMBLY HEREBY DETERMINES THAT THE

DEPRIVATION OF THE RIGHTS GRANTED TO THE PEOPLE OF THIS

A00593 - 3 -

COMMONWEALTH TO VOTE ON AN AMENDMENT TO PENNSYLVANIA'S

CHARTERING DOCUMENT BY AN UNELECTED BUREAUCRAT CONSTITUTES A

MAJOR EMERGENCY THAT THREATENS OR IS ABOUT TO THREATEN THIS

COMMONWEALTH AND THE SAFETY OR WELFARE OF THIS COMMONWEALTH

AND THEREFORE REQUIRES PROMPT AMENDMENT OF THE CONSTITUTION

OF PENNSYLVANIA BY THIS CONSTITUTIONAL AMENDMENT.

SECTION 2. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF

PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:

THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:

§ 11. COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH.

(A) ALL COURTS SHALL BE OPEN; AND EVERY MAN FOR AN INJURY

DONE HIM IN HIS LANDS, GOODS, PERSON OR REPUTATION SHALL HAVE

REMEDY BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED

WITHOUT SALE, DENIAL OR DELAY. SUITS MAY BE BROUGHT AGAINST THE

COMMONWEALTH IN SUCH MANNER, IN SUCH COURTS AND IN SUCH CASES AS

THE LEGISLATURE MAY BY LAW DIRECT.

(B) AN INDIVIDUAL FOR WHOM A STATUTORY LIMITATIONS PERIOD

HAS ALREADY EXPIRED, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR

LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY

GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO

YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES,

FROM THE TIME THAT THIS SUBSECTION BECOMES EFFECTIVE TO COMMENCE

AN ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE, IN SUCH CASES AS

PROVIDED BY LAW AT THE TIME THAT THIS SUBSECTION BECOMES

EFFECTIVE.

SECTION 3. UPON PASSAGE BY THE GENERAL ASSEMBLY OF THIS

PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE

COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE

ADVERTISING REQUIREMENTS OF SECTION 1(A) OF ARTICLE XI OF THE

CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED

A00593 - 4 -

ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH

NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF

THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE

COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT

TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST

PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE

REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1(A) OF

ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA.

SECTION 1. THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF

PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:

THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:

§ 11. COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH.

(A) ALL COURTS SHALL BE OPEN; AND EVERY MAN FOR AN INJURY

DONE HIM IN HIS LANDS, GOODS, PERSON OR REPUTATION SHALL HAVE

REMEDY BY DUE COURSE OF LAW, AND RIGHT AND JUSTICE ADMINISTERED

WITHOUT SALE, DENIAL OR DELAY. SUITS MAY BE BROUGHT AGAINST THE

COMMONWEALTH IN SUCH MANNER, IN SUCH COURTS AND IN SUCH CASES AS

THE LEGISLATURE MAY BY LAW DIRECT.

(B) AN INDIVIDUAL FOR WHOM A STATUTORY LIMITATIONS PERIOD

HAS ALREADY EXPIRED, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR

LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY

GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO

YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES,

FROM THE TIME THAT THIS SUBSECTION BECOMES EFFECTIVE TO COMMENCE

AN ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE, IN SUCH CASES AS

PROVIDED BY LAW AT THE TIME THAT THIS SUBSECTION BECOMES

EFFECTIVE.

SECTION 2. (A) UPON THE FIRST PASSAGE BY THE GENERAL

ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE

SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO

A00593 - 5 -

COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE

XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE

REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN

WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER

PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.

(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS

PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE

COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE

ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE

CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED

ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH

NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF

THIS PROPOSED CONSTITUTIONAL AMENDMENT. THE SECRETARY OF THE

COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT

TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST

PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE

REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE

XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH OCCURS AT LEAST

THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS

PASSED BY THE GENERAL ASSEMBLY.

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in limitation of time,

further providing for infancy, insanity or imprisonment; 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) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 5533. Infancy, insanity or imprisonment.

A00593 - 6 -

* * *

(b) Infancy.--

(1) (i) If an individual entitled to bring a civil

action is an unemancipated minor at the time the cause of

action accrues, the period of minority shall not be

deemed a portion of the time period within which the

action must be commenced. Such person shall have the same

time for commencing an action after attaining majority as

is allowed to others by the provisions of this

subchapter.

(ii) As used in this paragraph, the term "minor"

shall mean any individual who has not yet attained 18

years of age.

(2) (i) If an individual entitled to bring a civil

action arising from sexual abuse is under 18 years of age

at the time the cause of action accrues, the individual

shall have a period of 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 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

"sexual abuse" shall include, but not be limited to, the

following sexual activities between an individual who is

A00593 - 7 -

23 years of age or 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).

(3) Notwithstanding the provisions under paragraph (2)

or any other provision of law to the contrary, in the case of

an individual 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 paragraph to commence an action.

shall have exclusive jurisdiction to hear any challenge to or to

render a declaratory judgment concerning the constitutionality

of subsection (b)(3). The Supreme Court is authorized to take

such action as it deems appropriate, consistent with the Supreme

Court retaining jurisdiction over such a matter, to find facts

or to expedite a final judgment in connection with such a

A00593 - 8 -

challenge or request for declaratory relief.

Section 2. Sections 8522(b)(10) and 8542(b)(9) of Title 42

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.--

(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 Commonwealth party which

constitute negligence.

(ii) This paragraph shall apply retroactively to any

cause of action that arose before the effective date of

this paragraph.

§ 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.--

(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

A00593 - 9 -

constitute negligence.

(ii) This paragraph shall apply retroactively to any

cause of action that arose before the effective date of

this paragraph.

* * *

Section 3. As follows:

(1) The addition of 42 Pa.C.S. §§ 5533(b)(3) and (c),

8522(b)(10) and 8542(b)(9) shall apply retroactively to civil

actions, including to revive an action that was barred by a

limitation period prior to the effective date of this

section.

(2) The amendment of 42 Pa.C.S. §§ 8522(b)(10) and

8542(b)(9) shall apply to any action that was barred by an

existing statute of limitations on the effective date of this

section.

Section 4. This act shall take effect immediately.

A00593 - 10 -