AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitation of time,
3further providing for tolling limitations of civil actions.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5533(b) of Title 42 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 5533. Infancy, insanity or imprisonment.

9* * *

10(b) Infancy.--

11(1) (i) If an individual entitled to bring a civil
12action is an unemancipated minor at the time the cause of
13action accrues, the period of minority shall not be
14deemed a portion of the time period within which the
15action must be commenced. Such person shall have the same
16time for commencing an action after attaining majority as
17is allowed to others by the provisions of this

1subchapter.

2(ii) As used in this paragraph, the term "minor"
3shall mean any individual who has not yet attained 18
4years of age.

5(2) (i) If an individual entitled to bring a civil
6action arising from childhood sexual abuse is under 18
7years of age at the time the cause of action accrues, the
8individual shall have a period of [12] 32 years after
9attaining 18 years of age in which to commence an action
10for damages regardless of whether the individual files a
11criminal complaint regarding the childhood sexual abuse.

12(ii) For the purposes of this paragraph, the term
13"childhood sexual abuse" shall include, but not be
14limited to, the following sexual activities between a
15minor and an adult, provided that the individual bringing
16the civil action engaged in such activities as a result
17of forcible compulsion or by threat of forcible
18compulsion which would prevent resistance by a person of
19reasonable resolution:

20(A) sexual intercourse, which includes
21penetration, however slight, of any body part or
22object into the sex organ of another;

23(B) deviate sexual intercourse, which includes
24sexual intercourse per os or per anus; and

25(C) indecent contact, which includes any
26touching of the sexual or other intimate parts of the
27person for the purpose of arousing or gratifying
28sexual desire in either person.

29(iii) For purposes of this paragraph, "forcible
30compulsion" shall have the meaning given to it in 18 

1Pa.C.S. § 3101 (relating to definitions).

2Section 2. This act shall take effect in 60 days.