PRINTER'S NO. 424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
406
Session of
2021
INTRODUCED BY MUTH, COLLETT, KEARNEY, SANTARSIERO, L. WILLIAMS,
FONTANA, STREET, HUGHES, CAPPELLETTI, TARTAGLIONE, SCHWANK,
COSTA, KANE, COMITTA, HAYWOOD AND BOSCOLA, MARCH 15, 2021
REFERRED TO JUDICIARY, MARCH 15, 2021
AN ACT
Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in child protective services, further providing for
penalties; in limitation of time, further providing for
infancy, insanity or imprisonment, for no limitation
applicable and for other offenses; in particular rights and
immunities, providing for contracts or agreements for
nondisclosure of certain conduct; 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 6319(b) of Title 23 of the Pennsylvania
Consolidated Statutes, amended November 26, 2019 (P.L.648,
No.88), is amended to read:
§ 6319. Penalties.
* * *
(b) Continuing course of action.--[If a]
(1) A person's conduct under this section constitutes a
continuing course of action if either of the following apply:
(i) A person's willful failure under this section to
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report an individual suspected of child abuse continues
while the person knows or has reasonable cause to suspect
a child is being subjected to child abuse. [by the same
individual, or while the person knows or has reasonable
cause to suspect that the same individual continues to
have direct contact with children through the
individual's employment, program, activity or service,
the person commits a felony of the third degree, except
that if the child abuse constitutes a felony of the first
degree or higher, the person commits a felony of the
second degree.]
(ii) A person required by this chapter to report a
case of suspected child abuse or to make a referral to
the appropriate authorities knows or has reasonable cause
to believe a person's willful failure under this section
may subject a child or additional children to child
abuse.
(2) An offense under this subsection is a felony of the
third degree, except that if the child abuse constitutes a
felony of the first degree or higher, the person commits a
felony of the second degree.
* * *
Section 2. Section 5533(b)(2) of Title 42, amended November
26, 2019 (P.L.641, No.87), is amended and the section is amended
by adding subsections to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) (i) If an individual entitled to bring a civil
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action arising from sexual abuse is under 18 years of age
at the time the cause of action accrues, the individual
[shall have a period of 37 years after attaining 18 years
of age in which to] may commence an action for damages
regardless of whether the individual files a criminal
complaint regarding the sexual abuse or the age of the
individual.
[(i.1) If an individual entitled to bring a civil
action arising from sexual abuse is at least 18 and less
than 24 years of age at the time the cause of action
occurs, the individual shall have until attaining 30
years of age to commence an action for damages regardless
of whether the individual files a criminal complaint
regarding the 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 [an
individual who is 23 years of age or younger] 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
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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).
(c) Postinfancy action.--
(1) If an individual entitled to bring a civil action
arising from sexual abuse is 18 years of age or older at the
time the cause of action accrues, the individual may commence
an action for damages regardless of whether the individual
files a criminal complaint regarding the sexual abuse or the
age of the individual.
(2) For the purpose of this paragraph, the term "sexual
abuse" shall include actions that constitute an offense under
the following provisions of 18 Pa.C.S. (relating to crimes
and offenses):
Section 3011(a) (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude) as
it relates to sexual servitude.
Section 3121 (relating to rape).
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).
(d) Revival of claims.--The following shall apply:
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(1) Notwithstanding subsection (b) or any other
provision of law, for an individual entitled to bring a civil
action arising from childhood sexual abuse where the
limitation period has expired, the individual shall have an
additional period of two years from the effective date of
this subsection to commence an action.
(2) Notwithstanding subsection (c) or any other
provision of law, for an individual entitled to bring a civil
action arising from sexual abuse where the limitation period
has expired, the individual shall have an additional period
of two years from the effective date of this subsection to
commence an action.
Section 3. Section 5551 of Title 42 is amended by adding a
paragraph to read:
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at
any time:
* * *
(8) An offense under any of the following provisions of
18 Pa.C.S., or a conspiracy or solicitation to commit an
offense under any of the following provisions of 18 Pa.C.S.
if the offense results from the conspiracy or solicitation,
if the victim was 18 years of age or older at the time of the
offense:
Section 3011(a).
Section 3012 as it relates to sexual servitude.
Section 3121.
Section 3123.
Section 3124.1.
Section 3124.2.
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Section 3125.
Section 4302.
Section 4. Section 5552(b.1) of Title 42 is amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--Except as provided in section
5551(7) or (8) (relating to no limitation applicable), a
prosecution for any of the following offenses under Title 18
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 (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).
* * *
Section 5. Section 8316.2(a) of Title 42 is amended by
adding a paragraph and the section is amended by adding a
subsection to read:
§ 8316.2. Contracts or agreements for nondisclosure of certain
conduct.
(a) Void provisions.--A provision of an agreement, contract,
settlement or similar instrument that does any of the following
shall be void and unenforceable:
(1) prohibits or attempts to prohibit the disclosure of
the name of a person suspected of childhood sexual abuse to
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law enforcement authorities;
(2) suppresses or attempts to suppress information
relevant to an investigation by law enforcement authorities
into a claim of childhood sexual abuse; or
(3) impairs or attempts to impair the ability of a
person to report a claim of childhood sexual abuse to law
enforcement authorities.
(4) impairs or attempts to impair the ability of an
individual to publicly disclose a claim of sexual abuse.
(a.1) Exception.--An individual may enter into, revise or
amend an agreement, contract, settlement or similar instrument
to include a provision prohibited under subsection (a)(1) or (4)
if the individual who was the victim of sexual abuse requests a
provision be included.
* * *
Section 6. Sections 8522(b)(10) and 8542(b)(9) of Title 42,
added November 26, 2019 (P.L.641, No.87), are amended 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) or (8) (relating to no
limitation applicable) if the injuries to the plaintiff were
caused by actions or omissions of the Commonwealth party
which constitute negligence.
§ 8542. Exceptions to governmental immunity.
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* * *
(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 constitutes an offense
enumerated under section 5551(7) or (8) (relating to no
limitation applicable) if the injuries to the plaintiff were
caused by actions or omissions of the local agency which
constitute negligence.
* * *
Section 7. This act shall apply as follows:
(1) The amendment or addition of 42 Pa.C.S. §§ 5551(8)
and 5552(b.1) 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.
(2) The amendment or addition of the following
provisions shall be applied retroactively to civil actions,
including to revive an action which was barred by a statute
of limitations prior to the effective date of this section:
(i) 42 Pa.C.S. § 5533(d).
(ii) 42 Pa.C.S. § 8522(b)(10).
(iii) 42 Pa.C.S. § 8542(b)(9).
(3) The amendment of 42 Pa.C.S. § 5533(b)(2) shall apply
retroactively to civil actions where the limitation period
has not expired as of the effective date of this section.
Section 8. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The remainder of this act shall take effect in 60
days.
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