AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3further providing for tolling limitations of civil actions;
4and, in matters affecting government units, further providing
5for exceptions to sovereign immunity and governmental
6immunity.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 5533(b) of Title 42 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 5533.  Infancy, insanity or imprisonment.

12* * *

13(b)  Infancy.--

14(1)  (i)  If an individual entitled to bring a civil
15action is an unemancipated minor at the time the cause of
16action accrues, the period of minority shall not be
17deemed a portion of the time period within which the
18action must be commenced. Such person shall have the same
19time for commencing an action after attaining majority as

1is allowed to others by the provisions of this
2subchapter.

3(ii)  As used in this paragraph, the term "minor" 
4shall mean any individual who has not yet attained 18 
5years of age.

6(2)  (i)  If an individual entitled to bring a civil
7action arising from childhood sexual abuse is under 18
8years of age at the time the cause of action accrues, the
9individual shall have a period of [12] 32 years after
10attaining 18 years of age in which to commence an action
11for damages regardless of whether the individual files a
12criminal complaint regarding the childhood sexual abuse.

13(ii)  For the purposes of this paragraph, the term 
14"childhood sexual abuse" shall include, but not be 
15limited to, the following sexual activities between a 
16minor and an adult, provided that the individual bringing 
17the civil action engaged in such activities as a result 
18of forcible compulsion or by threat of forcible 
19compulsion which would prevent resistance by a person of 
20reasonable resolution:

21(A)  sexual intercourse, which includes
22penetration, however slight, of any body part or
23object into the sex organ of another;

24(B)  deviate sexual intercourse, which includes
25sexual intercourse per os or per anus; and

26(C)  indecent contact, which includes any
27touching of the sexual or other intimate parts of the
28person for the purpose of arousing or gratifying
29sexual desire in either person.

30(iii)  For purposes of this paragraph, "forcible 

1compulsion" shall have the meaning given to it in 18 
2Pa.C.S. § 3101 (relating to definitions).

3(3)  Notwithstanding any other provision of law, a civil
4action that would be permitted to be filed pursuant to
5paragraph (2), but for the time limitation contained in
6paragraph (2) to commence an action for damages or any other
7statute of limitations, is revived, and such a civil action
8may be commenced within two years of the effective date of
9this paragraph. Nothing in this subsection shall be construed
10to alter the applicable statute of limitations period of a
11civil action arising from childhood sexual abuse that is not
12time barred as of the effective date of this paragraph.

13(4)  If a person committing an act of childhood sexual
14abuse against a minor was employed by an institution, agency,
15firm, business, corporation or other public or private legal
16entity that owed a duty of care to the victim, or the accused
17and the minor were engaged in some activity over which the
18entity had some degree of responsibility or control, damages
19against the entity shall be awarded under paragraph (3) only
20if there is a finding of gross negligence on the part of the
21entity.

22(5)  If an individual or the individual's legal
23representative has previously brought a civil action arising
24from childhood sexual abuse and that suit has been dismissed
25because it was filed beyond the statute of limitations that
26applied at that time, the individual or the individual's
27legal representative may petition the court to reopen the
28action within the period provided in paragraph (3). The court
29may grant the petition if it determines that any of the
30following exist:

1(i)  The victim of the childhood abuse was under 30
2years of age at the time the statute of limitations
3expired.

4(ii)  The existence of newly discovered evidence
5that, with reasonable diligence, could not have been
6discovered before the prior statute of limitations
7expired.

8(iii)  Fraud, inexcusable neglect, misrepresentation
9or misconduct by an opposing party.

10(iv)  Any other extraordinary circumstances that the
11court believes are in the interest of justice.

12Section 2.  Sections 8522(b) and 8542(b) of Title 42 are
13amended by adding paragraphs to read:

14§ 8522.  Exceptions to sovereign immunity.

15* * *

16(b)  Acts which may impose liability.--The following acts by
17a Commonwealth party may result in the imposition of liability
18on the Commonwealth and the defense of sovereign immunity shall
19not be raised to claims for damages caused by:

20* * *

21(10)  Child sexual abuse.--Acts of child sexual abuse
22which constitute gross negligence when committed by
23individuals employed by a public institution, agency or other
24legal entity for which actions are brought under section
255533(b) (relating to infancy, insanity or imprisonment).

26§ 8542.  Exceptions to governmental immunity.

27* * *

28(b)  Acts which may impose liability.--The following acts by
29a local agency or any of its employees may result in the
30imposition of liability on a local agency:

1* * *

2(9)  Child sexual abuse.--Acts of child sexual abuse
3which constitute gross negligence when committed by
4individuals employed by a public institution, agency or other
5legal entity for which actions are brought under section
65533(b) (relating to infancy, insanity or imprisonment).

7* * *

8Section 3.  The addition of 42 Pa.C.S. §§ 8522(b)(10) and
98542(b)(9) shall apply to acts of child sexual abuse committed
10on or after the effective date of this section.

11Section 4.  This act shall take effect in 60 days.