SENATE AMENDED
PRIOR PRINTER'S NOS. 3068, 3085, 3163
PRINTER'S NO. 3648
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1947
Session of
2015
INTRODUCED BY MARSICO, PETRARCA, KORTZ, BRIGGS, MICCARELLI AND
DAVIDSON, APRIL 4, 2016
SENATOR RAFFERTY, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 28, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for infancy, insanity or imprisonment, for
no limitation applicable and for other offenses; 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)(2)(i) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
FOLLOWS:
(1) THE REMEDIES CLAUSE FOUND IN SECTION 11 OF ARTICLE I
OF THE CONSTITUTION OF PENNSYLVANIA HAS BEEN INTERPRETED BY
THE PENNSYLVANIA SUPREME COURT TO PROVIDE A CONSTITUTIONAL
GUARANTEE OF ACCESS TO LEGAL REMEDIES AND DEFENSES.
(2) THE PENNSYLVANIA SUPREME COURT HAS INTERPRETED THE
REMEDIES CLAUSE AS PROVIDING A VESTED RIGHT TO ACCRUED
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DEFENSES THAT CANNOT BE INFRINGED UPON BY SUBSEQUENT LAW.
(3) PURSUANT TO THE INTERPRETATION BY THE PENNSYLVANIA
SUPREME COURT, THE GENERAL ASSEMBLY IS CONSTITUTIONALLY
PRECLUDED FROM ADOPTING ANY RETROACTIVE CHANGES EXTENDING A
STATUTE OF LIMITATIONS OR INVALIDATING A DEFENSE BASED ON A
STATUTE OF LIMITATIONS THAT HAS ALREADY EXPIRED AS AGAINST
ANY PARTICULAR DEFENDANT.
(4) STATUTES OF LIMITATION RECOGNIZE THAT THE RIGHT TO
ASSERT A CAUSE OF ACTION AND THE RIGHT TO ASSERT A DEFENSE TO
THAT ACTION ARE ON AN EQUAL FOOTING IN THIS COMMONWEALTH.
(5) STATUTES OF LIMITATION PROMOTE DILIGENCE AND REPOSE,
DIMINISH UNCERTAINTY AND ALLOW EVERY PERSON TO ALLOCATE
RESOURCES APPROPRIATELY.
(6) STATUTES OF LIMITATION PROMOTE ACCURATE FACT-FINDING
IN LITIGATION, AS EVIDENCE AND TESTIMONY BECOME DEGRADED OR
UNAVAILABLE OVER TIME.
(7) THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY
TO ELIMINATE STATUTES OF LIMITATION ONLY IN RARE
CIRCUMSTANCES IN WHICH DELAYED DISCOVERY OF THE CAUSE OF
ACTION IS PARTICULARLY LIKELY AND THE RIGHT TO DEFEND AGAINST
THE CLAIM IS NOT SIGNIFICANTLY UNDERMINED.
SECTION 2. SECTION 5533(B)(2)(I) OF TITLE 42 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS
AMENDED BY ADDING A PARAGRAPH TO READ:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) (i) [If] EXCEPT AS PROVIDED UNDER PARAGRAPH (3), IF
an individual entitled to bring a civil action arising
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from childhood sexual abuse is under 18 years of age at
the time the cause of action accrues, the individual
shall have a period of [12] 32 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 childhood sexual abuse.
* * *
(3) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL ACTION
ARISING FROM CHILDHOOD SEXUAL ABUSE IS UNDER 18 YEARS OF AGE
AT THE TIME THE CAUSE OF ACTION ACCRUES, THE INDIVIDUAL SHALL
HAVE AN UNLIMITED PERIOD OF TIME TO COMMENCE AN ACTION FOR
DAMAGES AGAINST THE FOLLOWING INDIVIDUALS:
(I) THE INDIVIDUAL WHO COMMITTED THE ACT OF
CHILDHOOD SEXUAL ABUSE.
(II) ANY INDIVIDUAL WHO CONSPIRED WITH THE
INDIVIDUAL WHO COMMITTED THE ACT OF CHILDHOOD SEXUAL
ABUSE FOR THE PURPOSE OF BRINGING ABOUT THE ABUSE.
(III) ANY INDIVIDUAL WHO, HAVING ACTUAL KNOWLEDGE OF
THE CHILDHOOD SEXUAL ABUSE PERPETRATED AGAINST THE
INDIVIDUAL, FAILED TO PREVENT ANY SUBSEQUENT CHILDHOOD
SEXUAL ABUSE BY THE SAME PERPETRATOR AGAINST THE SAME
INDIVIDUAL BY REPORTING THE ABUSE TO LAW ENFORCEMENT
OFFICIALS OR TO A STATE OR COUNTY CHILD PROTECTIVE
SERVICES AGENCY DURING THE VICTIM'S MINORITY. NO CAUSE OF
ACTION SHALL ACCRUE UNDER THIS SUBPARAGRAPH AGAINST ANY
INDIVIDUAL WHO WAS AWARE THAT A REPORT OF THE CHILDHOOD
SEXUAL ABUSE HAD ALREADY BEEN MADE BY ANOTHER INDIVIDUAL
OR ENTITY TO LAW ENFORCEMENT OFFICIALS OR TO A STATE OR
COUNTY CHILD PROTECTIVE SERVICES AGENCY.
Section 2 3. Section 5551 of Title 42 is amended by adding a
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paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(7) An offense under any of the following provisions of
18 Pa.C.S. (relating to crimes and offenses) , OR A CONSPIRACY
OR SOLICITATION TO COMMIT AN OFFENSE UNDER ANY OF THE
FOLLOWING PROVISIONS OF 18 PA.C.S. IF THE OFFENSE IS
FACILITATED BY THE CONSPIRACY OR SOLICITATION, if the victim
was under 18 years of age at the time of the offense:
Section 3011(b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude) as it
relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
Section 3 4. Section 5552(b.1) and (c)(3) of Title 42 are
amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--[A] Except as provided in
section 5551(7) (relating to no limitation applicable), a
prosecution for any of the following offenses under Title 18
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must be commenced within 12 years after it is committed:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2(a) and (a.2) (relating to institutional
sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
(c) Exceptions.--If the period prescribed in subsection (a),
(b) or (b.1) has expired, a prosecution may nevertheless be
commenced for:
* * *
(3) Any sexual offense committed against a minor who is
less than 18 years of age any time up to the later of the
period of limitation provided by law after the minor has
reached 18 years of age or the date the minor reaches 50
years of age. As used in this paragraph, the term "sexual
offense" means a crime under the following provisions of
Title 18 (relating to crimes and offenses):
[Section 3011(b) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate sexual
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intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).]
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
[Section 4302 (relating to incest).]
Section 4304 (relating to endangering welfare of
children).
Section 6301 (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of
children).
Section 6320 (relating to sexual exploitation of
children).
* * *
Section 3.1 5. Sections 8522(b) and 8542(b) of Title 42 are
amended by adding paragraphs 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.--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 which constitute
gross negligence. Sovereign immunity may be raised to the
extent the actions or omissions of the Commonwealth
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constitute negligence.
§ 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.--Conduct which is proscribed by the
provisions of Title 18 (relating to crimes and offenses)
enumerated in section 5551(7) (relating to no limitation
applicable) if the claimant establishes that:
(i) the local agency acted in a grossly negligent
manner; and
(ii) the action under subparagraph (i) caused injury
to the claimant.
* * *
Section 4 6. This act shall apply as follows:
(1) The addition of 42 Pa.C.S. § 8542(b)(9) §§ 5533(B)
(3), 8522(B)(10) AND 8542(B)(9) shall apply to causes of
action which arise ACCRUE on or after the effective date of
this paragraph.
(2) The amendment or addition of 42 Pa.C.S. §§ 5533(b)
(2)(i), 5533(B)(2)(I) AND (3), 5551(7) and 5552(b.1) and (c)
(3) shall not be applied to revive an action which has been
barred by an existing statute of limitations on the effective
date of this section.
(3) The amendment of 42 Pa.C.S. § 5533(b)(2)(i) shall be
applied retroactively, including to revive an action which
was barred by a statute of limitations prior to the effective
date of this section.
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Section 5 7. This act shall take effect in 60 days
IMMEDIATELY.
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