Bill Text: PA HB806 | 2011-2012 | Regular Session | Introduced

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Bill Title: In limitation of time, further providing for unlimited time to bring civil actions, for tolling limitations of civil actions, for unlimited time to bring criminal actions and for limitation of serious criminal actions.

Spectrum: Slight Partisan Bill (Democrat 19-8)

Status: (Introduced - Dead) 2011-02-23 - Referred to JUDICIARY [HB806 Detail]

Download: Pennsylvania-2011-HB806-Introduced.html

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PRINTER'S NO. 825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 806 Session of2011
INTRODUCED BY BISHOP, McGEEHAN, PASHINSKI, K. BOYLE, BRIGGS, P. COSTA, DAVIS, DAVIDSON, HESS, JOSEPHS, M.K. KELLER, KORTZ, METCALFE, MURPHY, MURT, MYERS, M. O'BRIEN, READSHAW, SANTARSIERO, SCAVELLO, STABACK, STEVENSON, SWANGER AND YOUNGBLOOD, FEBRUARY 23, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for unlimited time to bring civil actions,
for tolling limitations of civil actions, for unlimited time
to bring criminal actions and for limitation of serious
criminal actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5531 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 5531. No limitation.
The following actions and proceedings may be commenced at any
time notwithstanding any other provision of this subchapter
except section 5521 (relating to limitations on foreign claims):
* * *
(4) An action for childhood sexual abuse. As used in
this paragraph, the following words and phrases shall have
the following meanings:
"Childhood sexual abuse." Includes the following:
(i) Any of the following sexual activities between a
minor and an adult, if the individual bringing the civil
action engaged in the activity 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.
(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.
(D) An action which constitutes an offense under
any of the following provisions of 18 Pa.C.S.:
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 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
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Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of
children).
"Forcible compulsion." As defined in 18 Pa.C.S. § 3101
(relating to definitions).
Section 2. Section 5533(b)(2) of Title 42 is amended to
read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
[(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 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.
(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
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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).]
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:
* * *
(7) An offense under any of the following provisions of
18 Pa.C.S. if the victim is under 18 years of age:
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 sexual
assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 6312 (relating to sexual abuse of children).
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Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42
are amended to read:
§ 5552. Other offenses.
* * *
(b.1) Major sexual offenses.--[A] Except as set forth in
section 5551(6) (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 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 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
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Section 3123 (relating to involuntary deviate sexual
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).]
* * *
(c.1) Genetic identification evidence.--Notwithstanding any
provision of law to the contrary, if evidence of [a misdemeanor
sexual] an offense [set forth in subsection (c)(3)] under 18
Pa.C.S. § 3126 (relating to indecent assault) or 3127 (relating
to indecent exposure) or a felony offense is obtained containing
human deoxyribonucleic acid (DNA) which is subsequently used to
identify an otherwise unidentified individual as the perpetrator
of the offense, the prosecution of the offense may be commenced
within the period of limitations provided for the offense or one
year after the identity of the individual is determined,
whichever is later.
* * *
Section 5. This act shall take effect in 60 days.
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