H0951B1158A00786 MSP:JSL 04/20/21 #90 A00786
AMENDMENTS TO HOUSE BILL NO. 951
Sponsor: SENATOR BAKER
Printer's No. 1158
Amend Bill, page 1, line 11, by inserting after "IMMUNITY;"
waiving sovereign immunity and governmental immunity;
Amend Bill, page 5, line 4, by inserting after "ACTION."
An award granted to an individual under this subsection may
not be limited by a statutory limitation on damages.
Amend Bill, page 6, by inserting between lines 11 and 12
(ii) Conduct under the following provisions of 18
Pa.C.S. (relating to crimes and offenses), or a
conspiracy or solicitation to commit an offense under
those provisions of 18 Pa.C.S. if the offense results
from the conspiracy or solicitation, if the injuries to
the plaintiff were caused by actions or omissions of the
Commonwealth party which constitute negligence and the
plaintiff was at least 18 years of age and less than 24
years of age at the time the conduct occurred:
(A) Section 3012 (relating to i nvoluntary
servitude ).
(B) Section 3121 (relating to rape).
(C) Section 3123 (a) (relating to involuntary
deviate sexual intercourse).
(D) Section 3124.1 (relating to sexual assault).
(E) Section 3124.2(a), (a.2) and (a.4) (relating
to i nstitutional sexual assault ).
(F) Section 3125(a)(1), (2), (3), (4), (5) and
(6) (relating to aggravated indecent assault) .
Amend Bill, page 6, line 12, by striking out "(II) THIS
PARAGRAPH" and inserting
(iii) Subparagraph (i)
Amend Bill, page 6, by inserting between lines 16 and 17
(iv) Subparagraph (ii) shall apply prospectively to
a cause of action that arises after the effective date of
this subparagraph.
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Amend Bill, page 6, by inserting between lines 28 and 29
(ii) Conduct under the following provisions of 18
Pa.C.S. (relating to crimes and offenses), or a
conspiracy or solicitation to commit an offense under
those provisions of 18 Pa.C.S. if the offense results
from the conspiracy or solicitation, if the injuries to
the plaintiff were caused by actions or omissions of the
local agency which constitute negligence and the
plaintiff was at least 18 years of age and less than 24
years of age at the time the conduct occurred:
(A) Section 3012 (relating to i nvoluntary
servitude ).
(B) Section 3121 (relating to rape).
(C) Section 3123(a) (relating to involuntary
deviate sexual intercourse).
(D) Section 3124.1 (relating to sexual assault).
(E) Section 3124.2(a), (a.2) and (a.4) (relating
to i nstitutional sexual assault ).
(F) Section 3125(a)(1), (2), (3), (4), (5) and
(6) (relating to aggravated indecent assault).
Amend Bill, page 6, line 29, by striking out "(II) THIS
PARAGRAPH" and inserting
(iii) Subparagraph (i)
Amend Bill, page 7, by inserting between lines 3 and 4
(iv) Subparagraph (ii) shall apply prospectively to
a cause of action that arises after the effective date of
this subparagraph.
Amend Bill, page 7, line 6, by inserting after "TO"
and shall
Amend Bill, page 7, line 13, by striking out "THE" and
inserting
Except for the addition of 42 Pa.C.S. §§ 8522(b)(10)(ii)
and (iv) and 8542(b)(9)(ii) and (iv), the
Amend Bill, page 8, by inserting between lines 1 and 2
Section 4.2. The Commonwealth waives sovereign immunity
retroactively and a local agency waives governmental immunity
retroactively in any action where the limitations period has not
expired prior to the effective date of this section and to an
action subject to 42 Pa.C.S. § 5533(c) that was barred by an
existing statute of limitations on the effective date of this
section. Section 5522 of 42 Pa.C.S. shall not apply to an action
subject to 42 Pa.C.S. § 5533(c).
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Amend Bill, page 8, line 2, by striking out "4.2" and
inserting
4.3
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