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

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
20is allowed to others by the provisions of this

1subchapter.

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

5(2) (i) If an individual entitled to bring a civil
6action arising from childhood sexual abuse is under 18
7years of age at the time the cause of action accrues, the
8individual [shall have a period of 12 years after
9attaining 18 years of age in which to] may commence an
10action for damages at any time regardless of whether the
11individual files a criminal complaint regarding the
12childhood 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 up to the date the individual entitled to
9bring a civil action under paragraph (2) reaches 50 years of
10age. Nothing in this subsection shall be construed to alter
11the applicable statute of limitations period of a civil
12action arising from childhood sexual abuse that is not time
13barred as of the effective date of this paragraph.

14(4) If a person committing an act of childhood sexual
15abuse against a minor was employed by an institution, agency,
16firm, business, corporation or other public or private legal
17entity that owed a duty of care to the victim, or the accused
18and the minor were engaged in some activity over which the
19entity had some degree of responsibility or control, damages
20against the entity shall be awarded under paragraph (3) only
21if there is a finding of gross negligence on the part of the
22entity.

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

1following exist:

2(i) The victim of the childhood abuse was under 30
3years of age at the time the statute of limitations
4expired.

5(ii) The existence of newly discovered evidence
6that, with reasonable diligence, could not have been
7discovered before the prior statute of limitations
8expired.

9(iii) Fraud, inexcusable neglect, misrepresentation
10or misconduct by an opposing party.

11(iv) Any other extraordinary circumstances that the
12court believes are in the interest of justice.

13Section 2. Section 5551 of Title 42 is amended by adding a
14paragraph to read:

15§ 5551. No limitation applicable.

16A prosecution for the following offenses may be commenced at
17any time:

18* * *

19(7) Any sexual offense committed against a minor who is
20less than 18 years of age. As used in this paragraph, the
21term "sexual offense" means a crime under the following
22provisions of Title 18 (relating to crimes and offenses):

23Section 3121 (relating to rape).

24Section 3122.1 (relating to statutory sexual
25assault).

26Section 3123 (relating to involuntary deviate sexual
27intercourse).

28Section 3124.1 (relating to sexual assault).

29Section 3125 (relating to aggravated indecent
30assault).

1Section 3126 (relating to indecent assault).

2Section 3127 (relating to indecent exposure).

3Section 4302 (relating to incest).

4Section 4304 (relating to endangering welfare of
5children).

6Section 6301 (relating to corruption of minors).

7Section 6312(b) (relating to sexual abuse of
8children).

9Section 6320 (relating to sexual exploitation of
10children).

11Section 3. Section 5552(c)(3) of Title 42 is amended to
12read:

13§ 5552. Other offenses.

14* * *

15(c) Exceptions.--If the period prescribed in subsection (a),
16(b) or (b.1) has expired, a prosecution may nevertheless be
17commenced for:

18* * *

19[(3) Any sexual offense committed against a minor who is
20less than 18 years of age any time up to the later of the
21period of limitation provided by law after the minor has
22reached 18 years of age or the date the minor reaches 50
23years of age. As used in this paragraph, the term "sexual
24offense" means a crime under the following provisions of
25Title 18 (relating to crimes and offenses):

26Section 3121 (relating to rape).

27Section 3122.1 (relating to statutory sexual
28assault).

29Section 3123 (relating to involuntary deviate sexual
30intercourse).

1Section 3124.1 (relating to sexual assault).

2Section 3125 (relating to aggravated indecent
3assault).

4Section 3126 (relating to indecent assault).

5Section 3127 (relating to indecent exposure).

6Section 4302 (relating to incest).

7Section 4304 (relating to endangering welfare of
8children).

9Section 6301 (relating to corruption of minors).

10Section 6312(b) (relating to sexual abuse of
11children).

12Section 6320 (relating to sexual exploitation of
13children).]

14* * *

15Section 4. Sections 8522(b) and 8542(b) of Title 42 are
16amended by adding paragraphs to read:

17§ 8522. Exceptions to sovereign immunity.

18* * *

19(b) Acts which may impose liability.--The following acts by
20a Commonwealth party may result in the imposition of liability
21on the Commonwealth and the defense of sovereign immunity shall
22not be raised to claims for damages caused by:

23* * *

24(10) Child sexual abuse.--Acts of child sexual abuse
25which constitute gross negligence when committed by
26individuals employed by a public institution, agency or other
27legal entity for which actions are brought under section
285533(b) (relating to infancy, insanity or imprisonment).

29§ 8542. Exceptions to governmental immunity.

30* * *

1(b) Acts which may impose liability.--The following acts by
2a local agency or any of its employees may result in the
3imposition of liability on a local agency:

4* * *

5(9) Child sexual abuse.--Acts of child sexual abuse
6which constitute gross negligence when committed by
7individuals employed by a public institution, agency or other
8legal entity for which actions are brought under section
95533(b) (relating to infancy, insanity or imprisonment).

10* * *

11Section 5. The addition of 42 Pa.C.S. §§ 8522(b)(10) and
128542(b)(9) shall apply to acts of child sexual abuse committed
13on or after the effective date of this section.

14Section 6. This act shall take effect in 60 days.