Regular Session 2023-2024 Senate Bill 0186 P.N. 1804

HOUSE AMENDED

PRIOR PRINTER'S NOS. 169, 1678

PRINTER'S NO. 1804

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

186

Session of

2023

INTRODUCED BY J. WARD, COLLETT, PHILLIPS-HILL, DUSH,

SANTARSIERO, SCHWANK, BROWN, MASTRIANO, TARTAGLIONE, COMITTA,

STEFANO, ROBINSON, SAVAL AND CAPPELLETTI, JANUARY 30, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JULY 2, 2024

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (JUDICIARY AND

JUDICIAL PROCEDURE) and 61 (Prisons and Parole) of the

Pennsylvania Consolidated Statutes, IN LIMITATION OF TIME,

FURTHER PROVIDING FOR INFANCY, INSANITY OR IMPRISONMENT; IN

MATTERS AFFECTING GOVERNMENT UNITS, FURTHER PROVIDING FOR

EXCEPTIONS TO SOVEREIGN IMMUNITY AND FOR EXCEPTIONS TO

GOVERNMENTAL IMMUNITY; MAKING A REPEAL; AND making editorial

changes to replace references to the term "child pornography"

with references to the term "child sexual abuse material."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3051(k) and 6312(d) heading and

Subchapter C heading of Chapter 76 of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3051. Civil causes of action.

* * *

(k) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Sex trade." An act, which if proven beyond a reasonable

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doubt, could support a conviction for violation or attempted

violation of Chapter 59 (relating to public indecency) or

section 6312 (relating to sexual abuse of children).

"Victim of the sex trade." An individual who has:

(1) been the object of a solicitation for prostitution;

(2) been the object of a transaction in a sex act;

(3) been intended or compelled to engage in an act of

prostitution;

(4) been intended or compelled to engage in a sex act;

(5) been described or depicted in material that

advertises an intent or compulsion to engage in sex acts; or

(6) in the case of obscenity or child [pornography has]

sexual abuse material, appeared in or been described or

depicted in the offending conduct or material.

§ 6312. Sexual abuse of children.

* * *

(d) Child [pornography] sexual abuse material.--* * *

SUBCHAPTER C

INTERNET CHILD [PORNOGRAPHY] Sexual Abuse Material

Section 2. The definition of "child pornography" in section

7621 of Title 18 is amended and the section is amended by adding

a definition to read:

§ 7621. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child pornography." [As described in section 6312 (relating

to sexual abuse of children).] The term shall have the same

meaning as child sexual abuse material.

"Child sexual abuse material." As described in section

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6312(d) (relating to sexual abuse of children).

* * *

Section 3. Sections 7622 and 7626(2) of Title 18 are amended

to read:

§ 7622. Duty of Internet service provider.

An Internet service provider shall remove or disable access

to child [pornography] sexual abuse material items residing on

or accessible through its service in a manner accessible to

persons located within this Commonwealth within five business

days of when the Internet service provider is notified by the

Attorney General pursuant to section 7628 (relating to

notification procedure) that child [pornography] sexual abuse

material items reside on or are accessible through its service.

§ 7626. Application for order to remove or disable items.

An application for an order of authorization to remove or

disable items residing on or accessible through an Internet

service provider's service shall be made to the court of common

pleas having jurisdiction in writing upon the personal oath or

affirmation of the Attorney General or a district attorney of

the county wherein the items have been discovered and, if

available, shall contain all of the following information:

* * *

(2) A statement of the identity of the investigative or

law enforcement officer that has, in the official scope of

that officer's duties, discovered the child [pornography]

sexual abuse material items.

* * *

SECTION 3.1. SECTION 5533(B) OF TITLE 42 IS AMENDED AND THE

SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 5533. INFANCY, INSANITY OR IMPRISONMENT.

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* * *

(B) INFANCY.--

(1) [(I)] IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL

ACTION IS AN UNEMANCIPATED MINOR AT THE TIME THE CAUSE OF

ACTION ACCRUES, THE PERIOD OF MINORITY SHALL NOT BE

DEEMED A PORTION OF THE TIME PERIOD WITHIN WHICH THE

ACTION MUST BE COMMENCED. SUCH PERSON SHALL HAVE THE SAME

TIME FOR COMMENCING AN ACTION AFTER ATTAINING MAJORITY AS

IS ALLOWED TO OTHERS BY THE PROVISIONS OF THIS

SUBCHAPTER.

[(II) AS USED IN THIS PARAGRAPH, THE TERM "MINOR"

SHALL MEAN ANY INDIVIDUAL WHO HAS NOT YET ATTAINED 18

YEARS OF AGE.]

(2) (I) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL

ACTION ARISING FROM SEXUAL ABUSE IS UNDER 18 YEARS OF AGE

AT THE TIME THE CAUSE OF ACTION ACCRUES, THE INDIVIDUAL

SHALL HAVE A PERIOD OF 37 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 SEXUAL ABUSE.

(I.1) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL

ACTION ARISING FROM SEXUAL ABUSE IS AT LEAST 18 AND LESS

THAN 24 YEARS OF AGE AT THE TIME THE CAUSE OF ACTION

OCCURS, THE INDIVIDUAL SHALL HAVE UNTIL ATTAINING 30

YEARS OF AGE TO COMMENCE AN ACTION FOR DAMAGES REGARDLESS

OF WHETHER THE INDIVIDUAL FILES A CRIMINAL COMPLAINT

REGARDING THE SEXUAL ABUSE.

[(II) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM

"SEXUAL ABUSE" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE

FOLLOWING SEXUAL ACTIVITIES BETWEEN AN INDIVIDUAL WHO IS

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23 YEARS OF AGE OR YOUNGER 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

SEXUAL INTERCOURSE PER OS OR PER ANUS; AND

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).]

SUBSECTION (B) OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,

FOR AN INDIVIDUAL ENTITLED TO BRING A CIVIL ACTION ARISING FROM

SEXUAL ABUSE IF THE INDIVIDUAL WAS UNDER 18 YEARS OF AGE AT THE

TIME THE CAUSE OF ACTION ACCRUED, AND IF THE LIMITATION PERIOD

FOR THAT CAUSE OF ACTION HAS EXPIRED, THE CIVIL ACTION IS

REVIVED AND THE INDIVIDUAL SHALL HAVE AN ADDITIONAL PERIOD OF

TWO YEARS FROM THE EFFECTIVE DATE OF THIS SUBSECTION TO COMMENCE

AN ACTION.

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"FORCIBLE COMPULSION." AS DEFINED IN 18 PA.C.S. § 3101

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(RELATING TO DEFINITIONS).

"MINOR." AN INDIVIDUAL WHO HAS NOT YET ATTAINED 18 YEARS OF

AGE.

"SEXUAL ABUSE." THE TERM SHALL INCLUDE, BUT NOT BE LIMITED

TO, THE FOLLOWING SEXUAL ACTIVITIES BETWEEN AN INDIVIDUAL WHO IS

23 YEARS OF AGE OR YOUNGER 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:

(1) SEXUAL INTERCOURSE, WHICH INCLUDES PENETRATION,

HOWEVER SLIGHT, OF ANY BODY PART OR OBJECT INTO THE SEX ORGAN

OF ANOTHER;

(2) DEVIATE SEXUAL INTERCOURSE, WHICH INCLUDES SEXUAL

INTERCOURSE PER OS OR PER ANUS; AND

(3) 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.

SECTION 3.2. SECTIONS 8522(B)(10) AND 8542(B)(9) OF TITLE 42

ARE AMENDED TO READ:

§ 8522. EXCEPTIONS TO SOVEREIGN IMMUNITY.

* * *

(B) ACTS WHICH MAY IMPOSE LIABILITY.--THE FOLLOWING ACTS BY

A COMMONWEALTH PARTY MAY RESULT IN THE IMPOSITION OF LIABILITY

ON THE COMMONWEALTH AND THE DEFENSE OF SOVEREIGN IMMUNITY SHALL

NOT BE RAISED TO CLAIMS FOR DAMAGES CAUSED BY:

* * *

(10) SEXUAL ABUSE.--THE FOLLOWING SHALL APPLY:

(I) CONDUCT WHICH CONSTITUTES AN OFFENSE ENUMERATED

UNDER SECTION 5551(7) (RELATING TO NO LIMITATION

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APPLICABLE) IF THE INJURIES TO THE PLAINTIFF WERE CAUSED

BY ACTIONS OR OMISSIONS OF THE COMMONWEALTH PARTY WHICH

CONSTITUTE NEGLIGENCE.

(II) THIS PARAGRAPH SHALL APPLY RETROACTIVELY TO A

CAUSE OF ACTION THAT AROSE PRIOR TO THE EFFECTIVE DATE OF

THIS SUBPARAGRAPH AND PROSPECTIVELY TO A CAUSE OF ACTION

THAT ARISES AFTER THE EFFECTIVE DATE OF THIS

SUBPARAGRAPH.

§ 8542. EXCEPTIONS TO GOVERNMENTAL IMMUNITY.

* * *

(B) ACTS WHICH MAY IMPOSE LIABILITY.--THE FOLLOWING ACTS BY

A LOCAL AGENCY OR ANY OF ITS EMPLOYEES MAY RESULT IN THE

IMPOSITION OF LIABILITY ON A LOCAL AGENCY:

* * *

(9) SEXUAL ABUSE.--THE FOLLOWING SHALL APPLY:

(I) CONDUCT WHICH CONSTITUTES AN OFFENSE ENUMERATED

UNDER SECTION 5551(7) (RELATING TO NO LIMITATION

APPLICABLE) IF THE INJURIES TO THE PLAINTIFF WERE CAUSED

BY ACTIONS OR OMISSIONS OF THE LOCAL AGENCY WHICH

CONSTITUTE NEGLIGENCE.

(II) THIS PARAGRAPH SHALL APPLY RETROACTIVELY TO A

CAUSE OF ACTION THAT AROSE PRIOR TO THE EFFECTIVE DATE OF

THIS SUBPARAGRAPH AND PROSPECTIVELY TO A CAUSE OF ACTION

THAT ARISES AFTER THE EFFECTIVE DATE OF THIS

SUBPARAGRAPH .

* * *

Section 4. Paragraph (4) of the definition of "eligible

person" in section 4503 of Title 61 is amended to read:

§ 4503. Definitions.

The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Eligible person." A defendant or inmate convicted of a

criminal offense who will be committed to the custody of the

department and who meets all of the following eligibility

requirements:

* * *

(4) Has not been found guilty or previously convicted or

adjudicated delinquent for violating any of the following

provisions or an equivalent offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation or criminal attempt, criminal

solicitation or criminal conspiracy to commit any of these

offenses:

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child [pornography] sexual abuse material).

Received a criminal sentence pursuant to 42 Pa.C.S. §

9712.1 (relating to sentences for certain drug offenses

committed with firearms).

Any offense listed under 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders) or I

(relating to continued registration of sexual offenders).

Drug trafficking as defined in section 4103 (relating

to definitions).

* * *

Section 5. Paragraph (4) of the definition of "eligible

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offender" in section 4601 of Title 61 is amended to read:

§ 4601. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Eligible offender." A defendant or inmate convicted of a

criminal offense who will be committed to the custody of the

county and who meets all of the following eligibility

requirements:

* * *

(4) Has not been found guilty or previously convicted or

adjudicated delinquent for violating any of the following

provisions or an equivalent offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation:

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child [pornography] sexual abuse material).

Received a criminal sentence pursuant to 42 Pa.C.S. §

9712.1 (relating to sentences for certain drug offenses

committed with firearms).

Any offense for which registration is required under

42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

* * *

Section 6. Section 6137.1(a)(4) of Title 61 is amended to

read:

§ 6137.1. Short sentence parole.

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(a) General rule.--This section applies to persons committed

to the department with an aggregate minimum sentence of

confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of

total confinement) of two years or less or a recidivism risk

reduction incentive minimum sentence under 42 Pa.C.S. §

9756(b.1) of two years or less, whichever is shorter. Regardless

of sentence imposed, this section does not apply to:

* * *

(4) persons committed for or with an aggregate sentence

containing a violation of any of the following provisions or

an equivalent offense under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation, including a criminal attempt, criminal

solicitation or criminal conspiracy to commit the offense:

18 Pa.C.S. § 4302(a) (relating to incest).

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child [pornography] sexual abuse material).

A criminal sentence pursuant to 42 Pa.C.S. § 9712.1

(relating to sentences for certain drug offenses

committed with firearms).

An offense listed under 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders).

An offense listed under 42 Pa.C.S. Ch. 97 Subch. I

(relating to continued registration of sexual offenders).

* * *

Section 7. This act shall take effect in 60 days.

SECTION 7. THIS ACT SHALL APPLY AS FOLLOWS:

(1) THE ADDITION OF 42 PA.C.S. § 5533(C) SHALL APPLY TO

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REVIVE AN ACTION THAT WAS BARRED BY AN EXISTING STATUTE OF

LIMITATIONS ON THE EFFECTIVE DATE OF THIS SECTION.

(2) THE AMENDMENT OF 42 PA.C.S. §§ 8522(B)(10) AND 8542

(B)(9) SHALL APPLY RETROACTIVELY TO AN ACTION WHERE THE

LIMITATIONS PERIOD HAS NOT EXPIRED PRIOR TO THE EFFECTIVE

DATE OF THIS SECTION.

(3) THE AMENDMENT OF 42 PA.C.S. §§ 8522(B)(10) AND

8542(B)(9) SHALL APPLY 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 8. NOTHING IN THIS ACT SHALL PERMIT THE APPLICATION

OF THE ADDITION OF 42 PA.C.S. § 5533(C) TO AN ACTION:

(1) THAT IS SUBJECT TO A FINAL JUDGMENT WHICH, ON THE

EFFECTIVE DATE OF THIS SECTION, IS NOT SUBJECT TO APPEAL; OR

(2) THAT, ON THE EFFECTIVE DATE OF THIS SECTION, HAS

BEEN NONJUDICIALLY RESOLVED IN ITS ENTIRETY BY THE PARTIES,

IN A FORM WHICH IS ENFORCEABLE.

SECTION 9. THE PENNSYLVANIA SUPREME COURT SHALL HAVE

EXTRAORDINARY JURISDICTION TO HEAR A CHALLENGE TO OR TO RENDER A

DECLARATORY JUDGMENT CONCERNING THE CONSTITUTIONALITY OF THE

AMENDMENT OF 42 PA.C.S. §§ 5533(B), 8522(B)(10) AND 8542(B)(9)

AND THE ADDITION OF 42 PA.C.S. § 5533(C) AND (D). THE

PENNSYLVANIA SUPREME COURT MAY TAKE ACTION AS IT DEEMS

APPROPRIATE, CONSISTENT WITH THE PENNSYLVANIA SUPREME COURT

RETAINING JURISDICTION OVER THE MATTER, TO FIND FACTS OR TO

EXPEDITE A FINAL JUDGMENT IN CONNECTION WITH THE CHALLENGE OR

REQUEST FOR DECLARATORY RELIEF.

SECTION 10. THE AMENDMENT OR ADDITION OF THE PROVISIONS OF

42 PA.C.S. UNDER THIS ACT ARE NONSEVERABLE. IF ANY PROVISION OF

THE AMENDMENT OR ADDITION OF THE PROVISIONS OF 42 PA.C.S. UNDER

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THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS

HELD INVALID, THE REMAINING PROVISIONS OR APPLICATIONS OF THE

AMENDMENT OR ADDITION OF 42 PA.C.S. UNDER THIS ACT ARE VOID.

SECTION 11. REPEALS ARE AS FOLLOWS:

(1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER

PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OF 42

PA.C.S. §§ 8522(B)(10) AND 8542(B)(9).

(2) SECTION 10(3)(II) OF THE ACT OF NOVEMBER 26, 2019

(P.L.641, NO.87), IS REPEALED INSOFAR AS THE SECTION APPLIES

TO 42 PA.C.S. §§ 8522(B)(10) AND 8542(B)(9).

SECTION 12. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:

(I) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §

5533(B), (C) AND (D).

(II) THE AMENDMENT OF 42 PA.C.S. §§ 8522(B)(10) AND

8542(B)(9).

(III) THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

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