HOUSE AMENDED PRIOR PRINTER'S NO. 219 PRINTER'S NO. 2066
No. 212 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, GERLACH, SCHWARTZ, HOLL, TOMLINSON, KITCHEN AND ORIE, JANUARY 31, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 2002
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 SEAL AND FOR tolling the statute of limitations in childhood <-- 4 sexual abuse cases AND IN OTHER OFFENSES. <-- 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 5533(b) of Title 42 of the Pennsylvania <-- 8 Consolidated Statutes is amended to read: 9 SECTION 1. SECTIONS 1512 AND 5533(B) OF TITLE 42 OF THE <-- 10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 11 § 1512. SEAL. 12 EACH MAGISTERIAL DISTRICT SHALL HAVE A SEAL, WHICH SHALL BE 13 IN THE CUSTODY OF THE DISTRICT JUSTICE ELECTED OR APPOINTED FOR 14 SUCH DISTRICT. THE OFFICIAL ACTS OF THE DISTRICT JUSTICE SHALL 15 BE AUTHENTICATED THEREWITH. THERE SHALL BE ENGRAVED ON THE SEAL 16 SUCH INSCRIPTION AS MAY BE SPECIFIED BY GENERAL RULE. A 17 FACSIMILE OR PREPRINTED SEAL MAY BE USED FOR ALL PURPOSES IN
1 LIEU OF THE ORIGINAL SEAL. 2 § 5533. Infancy, insanity or imprisonment. 3 * * * 4 (b) Infancy.-- 5 (1) If an individual entitled to bring a civil action is <-- 6 an unemancipated minor at the time the cause of action 7 (1) (I) IF AN INDIVIDUAL ENTITLED TO BRING A CIVIL <-- 8 ACTION IS AN UNEMANCIPATED MINOR AT THE TIME THE CAUSE OF 9 ACTION accrues, the period of minority shall not be 10 deemed a portion of the time period within which the 11 action must be commenced. Such person shall have the same 12 time for commencing an action after attaining majority as 13 is allowed to others by the provisions of this <-- 14 subchapter. As used in this [subsection] paragraph, the 15 term "minor" shall mean any individual who has PROVISIONS <-- 16 OF THIS SUBCHAPTER. 17 (II) AS USED IN THIS [SUBSECTION] PARAGRAPH, THE 18 TERM "MINOR" SHALL MEAN ANY INDIVIDUAL WHO HAS not yet 19 attained [the age of 18.] 18 years of age. 20 (2) (i) If an individual entitled to bring a civil 21 action arising from childhood sexual abuse is under 18 22 years of age at the time the cause of action accrues, the 23 individual shall have a period of 12 years after 24 attaining 18 years of age in which to commence an action 25 for damages regardless of whether the individual files a 26 criminal complaint regarding the childhood sexual abuse. 27 (ii) For the purposes of this paragraph, the term 28 "childhood sexual abuse" shall include, but not be 29 limited to, the following sexual activities between a 30 minor and an adult, provided that the individual bringing 20010S0212B2066 - 2 -
1 the civil action engaged in such activities as a result 2 of physical or psychological force or the threat of <-- 3 physical or psychological force: OF FORCIBLE COMPULSION <-- 4 OR BY THREAT OF FORCIBLE COMPULSION WHICH WOULD PREVENT 5 RESISTANCE BY A PERSON OF REASONABLE RESOLUTION: 6 (A) sexual intercourse, which includes 7 penetration, however slight, of any body part or 8 object into the sex organ of another; 9 (B) deviate sexual intercourse, which includes 10 sexual intercourse per os or per anus; and 11 (C) indecent contact, which includes any 12 touching of the sexual or other intimate parts of the 13 person for the purpose of arousing or gratifying 14 sexual desire in either person. 15 (III) FOR PURPOSES OF THIS PARAGRAPH, "FORCIBLE <-- 16 COMPULSION" SHALL HAVE THE MEANING GIVEN TO IT IN 18 17 PA.C.S. § 3101 (RELATING TO DEFINITIONS). 18 SECTION 2. SECTION 5552(B)(1) AND (C) OF TITLE 42 ARE 19 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO 20 READ: 21 § 5552. OTHER OFFENSES. 22 * * * 23 (B) MAJOR OFFENSES.--A PROSECUTION FOR ANY OF THE FOLLOWING 24 OFFENSES MUST BE COMMENCED WITHIN FIVE YEARS AFTER IT IS 25 COMMITTED: 26 (1) UNDER THE FOLLOWING PROVISIONS OF TITLE 18 (RELATING 27 TO CRIMES AND OFFENSES): 28 SECTION 901 (RELATING TO CRIMINAL ATTEMPT) INVOLVING 29 ATTEMPT TO COMMIT MURDER WHERE NO MURDER OCCURS. 30 SECTION 902 (RELATING TO CRIMINAL SOLICITATION) 20010S0212B2066 - 3 -
1 INVOLVING SOLICITATION TO COMMIT MURDER WHERE NO MURDER 2 OCCURS. 3 SECTION 903 (RELATING TO CRIMINAL CONSPIRACY) 4 INVOLVING CONSPIRACY TO COMMIT MURDER WHERE NO MURDER 5 OCCURS. 6 SECTION 911 (RELATING TO CORRUPT ORGANIZATIONS). 7 SECTION 2702 (RELATING TO AGGRAVATED ASSAULT). 8 SECTION 2706 (RELATING TO TERRORISTIC THREATS). 9 SECTION 2713 (RELATING TO NEGLECT OF CARE-DEPENDENT 10 PERSON). 11 SECTION 2901 (RELATING TO KIDNAPPING). 12 [SECTION 3121 (RELATING TO RAPE). 13 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL 14 ASSAULT). 15 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL 16 INTERCOURSE). 17 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT). 18 SECTION 3125 (RELATING TO AGGRAVATED INDECENT 19 ASSAULT).] 20 SECTION 3301 (RELATING TO ARSON AND RELATED 21 OFFENSES). 22 SECTION 3502 (RELATING TO BURGLARY). 23 SECTION 3701 (RELATING TO ROBBERY). 24 SECTION 3921 (RELATING TO THEFT BY UNLAWFUL TAKING OR 25 DISPOSITION) THROUGH SECTION 3933 (RELATING TO UNLAWFUL 26 USE OF COMPUTER). 27 SECTION 4101 (RELATING TO FORGERY). 28 SECTION 4107 (RELATING TO DECEPTIVE OR FRAUDULENT 29 BUSINESS PRACTICES). 30 SECTION 4108 (RELATING TO COMMERCIAL BRIBERY AND 20010S0212B2066 - 4 -
1 BREACH OF DUTY TO ACT DISINTERESTEDLY). 2 SECTION 4109 (RELATING TO RIGGING PUBLICLY EXHIBITED 3 CONTEST). 4 SECTION 4117 (RELATING TO INSURANCE FRAUD). 5 [SECTION 4302 (RELATING TO INCEST).] 6 SECTION 4701 (RELATING TO BRIBERY IN OFFICIAL AND 7 POLITICAL MATTERS) THROUGH SECTION 4703 (RELATING TO 8 RETALIATION FOR PAST OFFICIAL ACTION). 9 SECTION 4902 (RELATING TO PERJURY) THROUGH SECTION 10 4912 (RELATING TO IMPERSONATING A PUBLIC SERVANT). 11 SECTION 4952 (RELATING TO INTIMIDATION OF WITNESSES 12 OR VICTIMS). 13 SECTION 4953 (RELATING TO RETALIATION AGAINST WITNESS 14 OR VICTIM). 15 SECTION 5101 (RELATING TO OBSTRUCTING ADMINISTRATION 16 OF LAW OR OTHER GOVERNMENTAL FUNCTION). 17 SECTION 5111 (RELATING TO DEALING IN PROCEEDS OF 18 UNLAWFUL ACTIVITIES). 19 SECTION 5512 (RELATING TO LOTTERIES, ETC.) THROUGH 20 SECTION 5514 (RELATING TO POOL SELLING AND BOOKMAKING). 21 SECTION 5902(B) (RELATING TO PROSTITUTION AND RELATED 22 OFFENSES). 23 [SECTION 6312 (RELATING TO SEXUAL ABUSE OF 24 CHILDREN).] 25 * * * 26 (B.1) MAJOR SEXUAL OFFENSES.--A PROSECUTION FOR ANY OF THE 27 FOLLOWING OFFENSES MUST BE COMMENCED WITHIN 12 YEARS AFTER IT IS 28 COMMITTED: 29 SECTION 3121 (RELATING TO RAPE). 30 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL 20010S0212B2066 - 5 -
1 ASSAULT). 2 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL 3 INTERCOURSE). 4 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT). 5 SECTION 3125 (RELATING TO AGGRAVATED INDECENT 6 ASSAULT). 7 SECTION 4302 (RELATING TO INCEST). 8 SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN). 9 (C) EXCEPTIONS.--IF THE PERIOD PRESCRIBED IN SUBSECTION (A) 10 [OR], SUBSECTION (B) OR (B.1) HAS EXPIRED, A PROSECUTION MAY 11 NEVERTHELESS BE COMMENCED FOR: 12 (1) ANY OFFENSE A MATERIAL ELEMENT OF WHICH IS EITHER 13 FRAUD OR A BREACH OF FIDUCIARY OBLIGATION WITHIN ONE YEAR 14 AFTER DISCOVERY OF THE OFFENSE BY AN AGGRIEVED PARTY OR BY A 15 PERSON WHO HAS A LEGAL DUTY TO REPRESENT AN AGGRIEVED PARTY 16 AND WHO IS HIMSELF NOT A PARTY TO THE OFFENSE, BUT IN NO CASE 17 SHALL THIS PARAGRAPH EXTEND THE PERIOD OF LIMITATION 18 OTHERWISE APPLICABLE BY MORE THAN THREE YEARS. 19 (2) ANY OFFENSE COMMITTED BY A PUBLIC OFFICER OR 20 EMPLOYEE IN THE COURSE OF OR IN CONNECTION WITH HIS OFFICE OR 21 EMPLOYMENT AT ANY TIME WHEN THE DEFENDANT IS IN PUBLIC OFFICE 22 OR EMPLOYMENT OR WITHIN FIVE YEARS THEREAFTER, BUT IN NO CASE 23 SHALL THIS PARAGRAPH EXTEND THE PERIOD OF LIMITATION 24 OTHERWISE APPLICABLE BY MORE THAN EIGHT YEARS. 25 (3) ANY SEXUAL OFFENSE COMMITTED AGAINST A MINOR WHO IS 26 LESS THAN 18 YEARS OF AGE ANY TIME UP TO THE PERIOD OF 27 LIMITATION PROVIDED BY LAW AFTER THE MINOR HAS REACHED 18 28 YEARS OF AGE. AS USED IN THIS PARAGRAPH, THE TERM "SEXUAL 29 OFFENSE" MEANS A CRIME UNDER THE FOLLOWING PROVISIONS OF 30 TITLE 18 (RELATING TO CRIMES AND OFFENSES): 20010S0212B2066 - 6 -
1 SECTION 3121 (RELATING TO RAPE). 2 [SECTION 3122 (RELATING TO STATUTORY RAPE).] 3 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL 4 ASSAULT). 5 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL 6 INTERCOURSE). 7 [SECTION 3124 (RELATING TO VOLUNTARY DEVIATE SEXUAL 8 INTERCOURSE).] 9 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT). 10 SECTION 3125 (RELATING TO AGGRAVATED INDECENT 11 ASSAULT). 12 SECTION 3126 (RELATING TO INDECENT ASSAULT). 13 SECTION 3127 (RELATING TO INDECENT EXPOSURE). 14 SECTION 4302 (RELATING TO INCEST). 15 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF 16 CHILDREN). 17 SECTION 6301 (RELATING TO CORRUPTION OF MINORS). 18 SECTION 6312(B) (RELATING TO SEXUAL ABUSE OF 19 CHILDREN). 20 Section 2 3. The amendment of 42 Pa.C.S. § 5533(b) shall not <-- 21 be applied to revive an action which has been barred by an 22 existing statute of limitations on the effective date of this 23 act. 24 Section 3 4. This act shall take effect in 60 days. <-- L22L42JS/20010S0212B2066 - 7 -