PRIOR PRINTER'S NO. 2721 PRINTER'S NO. 3632
No. 2057 Session of 2003
INTRODUCED BY GINGRICH, FEESE, WEBER, LEDERER, PISTELLA,
BELFANTI, WASHINGTON, JAMES, YOUNGBLOOD, ROSS, TIGUE,
REICHLEY, O'NEILL, SAYLOR, SCAVELLO, GILLESPIE, HARHAI,
E. Z. TAYLOR, HORSEY, BROWNE AND GOODMAN, OCTOBER 1, 2003
AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
MARCH 31, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for action for
3 gender-motivated violence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8317. Action for gender-motivated violence.
9 (a) Civil cause of action.--Except as otherwise provided in
10 subsection (b), a person claiming to be injured by an individual
11 who committed a crime of violence motivated by gender shall have
12 a cause of action against the individual for any or all of the
13 following relief:
14 (1) Compensatory and punitive damages.
15 (2) Injunctive and declaratory relief.
16 (3) Attorney fees and costs.
17 (4) Such other relief as the court may deem appropriate.
1 (b) Limitations.--
2 (1) A civil action under this section must be commenced
3 within seven 12 years after the alleged crime of violence <--
4 motivated by gender. However, if, due to injury or disability
5 resulting from an act giving rise to a cause of action under
6 this section or to infancy, a person entitled to commence an
7 action under this section is unable to do so at the time the
8 cause of action accrues, the time within which the action
9 must be commenced shall be extended to seven 12 years after <--
10 the inability to commence the action ceases.
11 (2) Nothing in this section entitles a person to a cause
12 of action for random acts of violence unrelated to gender or
13 for acts that cannot be demonstrated, by preponderance of the
14 evidence, to be motivated by gender.
15 (c) Burden of proof.--Conviction of a felony arising out of
16 the same transaction, occurrence or event which gives rise to a
17 cause of action under this section shall establish a rebuttable
18 presumption that the act did occur. However, the conviction does
19 not establish a rebuttable presumption that the act was a crime
20 of violence motivated by gender, which must be proved by a
21 preponderance of the evidence.
22 (d) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Crime of violence." An act or series of acts that would
26 constitute a misdemeanor or felony against the person or against
27 property if the conduct presented a serious risk of physical
28 injury to another, regardless of whether the act or acts have
29 actually resulted in criminal charges, prosecution or
30 conviction.
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1 "Crime of violence motivated by gender." A crime of violence
2 committed because of gender or on the basis of gender and due, <--
3 at least in part, to an animus based on ON THE BASIS OF A <--
4 SPECIFIC ANIMUS TOWARD the victim's gender.
5 Section 2. This act shall take effect in 60 days.
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