PRINTER'S NO. 436
No. 372 Session of 2003
INTRODUCED BY GODSHALL, HASAY, PHILLIPS, E. Z. TAYLOR, BAKER, BALDWIN, BARD, BELFANTI, BROWNE, BUNT, CAPPELLI, CLYMER, CRAHALLA, DeWEESE, EGOLF, FICHTER, FLEAGLE, GEIST, GILLESPIE, GOODMAN, GORDNER, HARHAI, HARRIS, HENNESSEY, HERSHEY, HUTCHINSON, KOTIK, LaGROTTA, LEH, LESCOVITZ, LEWIS, MAITLAND, McGEEHAN, McILHATTAN, MELIO, R. MILLER, MUNDY, NAILOR, READSHAW, REED, SAINATO, SATHER, SAYLOR, SCAVELLO, SCHRODER, SCRIMENTI, B. SMITH, SOLOBAY, STABACK, STERN, SURRA, TANGRETTI, J. TAYLOR, TIGUE, TURZAI, WANSACZ AND WILT, FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2003
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for personal 3 injuries sustained by perpetrators of criminal conduct. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 42 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 8317. Personal injuries sustained by perpetrator of criminal 9 conduct. 10 (a) Assumption of risk.--A perpetrator shall be deemed to 11 have assumed the risk of loss, injury or death resulting from or 12 arising out of a course of criminal conduct committed by the 13 perpetrator or accomplice as defined in 18 Pa.C.S. § 306(c) 14 (relating to liability for conduct of another; complicity).
1 (b) Immunity.--The victim shall be immune from civil 2 liability for any personal injuries sustained by a perpetrator 3 of criminal conduct and caused by the acts or omissions of the 4 victim during the course of the criminal conduct. This 5 subsection shall not apply if the victim failed to use 6 reasonable force during the course of the criminal conduct. 7 (c) Attorney fees and costs.--If the perpetrator does not 8 prevail in a civil action subject to this section, the court 9 shall award reasonable expenses, including, but not limited to, 10 attorney fees and disbursements, to the victim. 11 (d) Stay of civil action.--Except to the extent necessary to 12 preserve evidence, a civil action in which the provisions of 13 this section are raised as a defense shall be stayed by the 14 court on motion of the perpetrator during the pendency of any 15 criminal action against the perpetrator based on the same course 16 of criminal conduct. 17 (e) Definitions.--As used in this section, the following 18 words and phrases shall have the meanings given to them in this 19 subsection: 20 "Convicted." A finding of guilt, regardless of whether the 21 adjudication of guilt is stayed or executed, an unwithdrawn 22 judicial admission of guilt or guilty plea, a no contest plea, a 23 judgment of conviction or an adjudication as a delinquent child. 24 "Course of criminal conduct." The term includes the acts or 25 omissions of a victim in resisting criminal conduct. 26 "Perpetrator." A person who has engaged in criminal conduct, 27 including, but not limited to, a person convicted of a crime. 28 "Victim." A person who is the object of another person's 29 criminal conduct, including, but not limited to, a person at the 30 scene of an emergency who gives reasonable assistance to another 20030H0372B0436 - 2 -
1 person who is exposed to or has suffered grave physical harm.
2 Section 2. This act shall apply to civil actions commenced
3 on or after the effective date of this act.
4 Section 3. This act shall take effect in 60 days.
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