PRINTER'S NO. 680
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
582
Session of
2015
INTRODUCED BY TEPLITZ, FONTANA, TARTAGLIONE, COSTA, FARNESE,
BOSCOLA, SMITH AND BREWSTER, APRIL 6, 2015
REFERRED TO JUDICIARY, APRIL 6, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for six months limitation and for tolling
limitations of certain civil actions; and, in matters
affecting government units, further providing for exceptions
to sovereign immunity and governmental immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5522(a) and 5533(b) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5522. Six months limitation.
(a) Notice prerequisite to action against government unit.--
(1) [Within] Except as provided under paragraph (1.1),
within six months from the date that any injury was sustained
or any cause of action accrued, any person who is about to
commence any civil action or proceeding within this
Commonwealth or elsewhere against a government unit for
damages on account of any injury to his person or property
under Chapter 85 (relating to matters affecting government
units) or otherwise shall file in the office of the
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government unit, and if the action is against a Commonwealth
agency for damages, then also file in the office of the
Attorney General, a statement in writing, signed by or in his
behalf, setting forth:
(i) The name and residence address of the person to
whom the cause of action has accrued.
(ii) The name and residence address of the person
injured.
(iii) The date and hour of the accident.
(iv) The approximate location where the accident
occurred.
(v) The name and residence or office address of any
attending physician.
(1.1) Paragraph (1) shall not apply to a civil action
arising from childhood sexual abuse, as defined under §
5533(b)(2)(ii) (relating to infancy, insanity or
imprisonment).
(2) If the statement provided for by this subsection is
not filed, any civil action or proceeding commenced against
the government unit more than six months after the date of
injury to person or property shall be dismissed and the
person to whom any such cause of action accrued for any
injury to person or property shall be forever barred from
proceeding further thereon within this Commonwealth or
elsewhere. The court shall excuse failure to comply with this
requirement upon a showing of reasonable excuse for failure
to file such statement.
(3) In the case of a civil action or proceeding against
a government unit other than the Commonwealth government:
(i) The time for giving such written notice does not
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include the time during which an individual injured is
unable, due to incapacitation or disability from the
injury, to give notice, not exceeding 90 days of
incapacity.
(ii) If the injuries to an individual result in
death, the time for giving notice shall commence with
such death.
(iii) Failure to comply with this subsection shall
not be a bar if the government unit had actual or
constructive notice of the incident or condition giving
rise to the claim of a person.
* * *
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
(1) (i) If an individual entitled to bring a civil
action is an unemancipated minor at the time the cause of
action accrues, the period of minority shall not be
deemed a portion of the time period within which the
action must be commenced. Such person shall have the same
time for commencing an action after attaining majority as
is allowed to others by the provisions of this
subchapter.
(ii) As used in this paragraph, the term "minor"
shall mean any individual who has not yet attained 18
years of age.
(2) (i) 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 a period of [12] 32 years after
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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.
(ii) For the purposes of this paragraph, the term
"childhood sexual abuse" shall include, but not be
limited to, the following sexual activities between a
minor and an adult, provided that the individual bringing
the civil action engaged in such activities as a result
of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(A) sexual intercourse, which includes
penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; and
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
(3) If a person committing an act of childhood sexual
abuse against a minor was employed by an institution, agency,
firm, business, corporation or other public or private legal
entity that owed a duty of care to the victim, or the accused
and the minor were engaged in some activity over which the
entity had some degree of responsibility or control, damages
against the entity shall be awarded only if there is a
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finding of gross negligence on the part of the entity.
Section 2. 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) Child sexual abuse.--Acts of child sexual abuse
which constitute gross negligence when committed by
individuals employed by a public institution, agency or other
legal entity for which actions are brought under section
5533(b) (relating to infancy, insanity or imprisonment).
§ 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) Child sexual abuse.--Acts of child sexual abuse
which constitute gross negligence when committed by
individuals employed by a public institution, agency or other
legal entity for which actions are brought under section
5533(b) (relating to infancy, insanity or imprisonment).
* * *
Section 3. The amendment of 42 Pa.C.S. §§ 5522(a) and
5533(b) shall apply to acts of child sexual abuse committed
before, on or after the effective date of this section.
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Section 4. This act shall take effect in 60 days.
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