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

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
18subchapter.

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

4(2) (i) If an individual entitled to bring a civil
5action arising from childhood sexual abuse is under 18
6years of age at the time the cause of action accrues, the
7individual shall have a period of [12] 32 years after
8attaining 18 years of age in which to commence an action
9for damages regardless of whether the individual files a
10criminal complaint regarding the childhood sexual abuse.

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

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

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

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

28(iii) For purposes of this paragraph, "forcible
29compulsion" shall have the meaning given to it in 18 
30Pa.C.S. § 3101 (relating to definitions).

1(3) Notwithstanding any other provision of law, a civil
2action that would be permitted to be filed pursuant to
3paragraph (2), but for the time limitation contained in
4paragraph (2) to commence an action for damages or any other
5statute of limitations, is revived, and such a civil action
6may be commenced within two years of the effective date of
7this paragraph. Nothing in this subsection shall be construed
8to alter the applicable statute of limitations period of a
9civil action arising from childhood sexual abuse that is not
10time barred as of the effective date of this paragraph.

11(4) If a person committing an act of childhood sexual
12abuse against a minor was employed by an institution, agency,
13firm, business, corporation or other public or private legal
14entity that owed a duty of care to the victim, or the accused
15and the minor were engaged in some activity over which the
16entity had some degree of responsibility or control, damages
17against the entity shall be awarded under paragraph (3) only
18if there is a finding of gross negligence on the part of the
19entity.

20(5) If an individual or the individual's legal
21representative has previously brought a civil action arising
22from childhood sexual abuse and that suit has been dismissed
23because it was filed beyond the statute of limitations that
24applied at that time, the individual or the individual's
25legal representative may petition the court to reopen the
26action within the period provided in paragraph (3). The court
27may grant the petition if it determines that any of the
28following exist:

29(i) The victim of the childhood abuse was under 30
30years of age at the time the statute of limitations

1expired.

2(ii) The existence of newly discovered evidence
3that, with reasonable diligence, could not have been
4discovered before the prior statute of limitations
5expired.

6(iii) Fraud, inexcusable neglect, misrepresentation
7or misconduct by an opposing party.

8(iv) Any other extraordinary circumstances that the
9court believes are in the interest of justice.

10Section 2. This act shall take effect in 60 days.