PRIOR PRINTER'S NOS. 2721, 3632 PRINTER'S NO. 3868
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 12, 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 12 years after the alleged crime of violence motivated
4 by gender. However, if, due to injury or disability resulting
5 from an act giving rise to a cause of action under this
6 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 12 years after the
10 inability to commence the action ceases.
11 (1) A CIVIL ACTION UNDER THIS SECTION MUST BE COMMENCED <--
12 WITHIN FIVE YEARS AFTER THE ALLEGED CRIME OF VIOLENCE
13 MOTIVATED BY GENDER OCCURRED, OR TWO YEARS AFTER THE
14 COMPLETION OF A CRIMINAL PROSECUTION OF THE INDIVIDUAL FOR
15 THE ALLEGED CRIME OF VIOLENCE MOTIVATED BY GENDER, WHICHEVER
16 IS LATER. HOWEVER, IF, DUE TO INJURY OR DISABILITY RESULTING
17 FROM AN ACT GIVING RISE TO A CAUSE OF ACTION UNDER THIS
18 SECTION OR TO INFANCY, A PERSON ENTITLED TO COMMENCE AN
19 ACTION UNDER THIS SECTION IS UNABLE TO DO SO AT THE TIME THE
20 CAUSE OF ACTION ACCRUES, THE TIME WITHIN WHICH THE ACTION
21 MUST BE COMMENCED SHALL BE EXTENDED TO FIVE YEARS AFTER THE
22 INABILITY TO COMMENCE THE ACTION CEASES, OR TWO YEARS AFTER
23 THE COMPLETION OF A CRIMINAL PROSECUTION OF THE INDIVIDUAL
24 FOR THE ALLEGED CRIME OF VIOLENCE MOTIVATED BY GENDER,
25 WHICHEVER IS LATER.
26 (2) NOTHING IN THIS SECTION REQUIRES A PRIOR CRIMINAL
27 COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE
28 ELEMENTS OF A CAUSE OF ACTION UNDER SUBSECTION (A).
29 (2) (3) Nothing in this section entitles a person to a <--
30 cause of action for random acts of violence unrelated to
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1 gender or for acts that cannot be demonstrated, by A <--
2 preponderance of the evidence, to be A CRIME OF VIOLENCE <--
3 motivated by gender.
4 (c) Burden of proof.--Conviction of a felony arising out of
5 the same transaction, occurrence or event which gives rise to a
6 cause of action under this section shall establish a rebuttable
7 presumption that the act did occur. However, the conviction does
8 not establish a rebuttable presumption that the act was a crime
9 of violence motivated by gender, which must be proved PROVEN by <--
10 a preponderance of the evidence.
11 (d) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Crime of violence." An act or series of acts that would
15 constitute a misdemeanor or felony against the person or against
16 property if the conduct presented a serious risk of physical
17 injury to another, regardless of whether the act or acts have
18 actually resulted in criminal charges, prosecution or
19 conviction.
20 "Crime of violence motivated by gender." A crime of violence
21 committed on the basis of a specific animus toward the victim's
22 gender.
23 Section 2. This act shall take effect in 60 days.
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