Bill Text: PA HB2049 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for limitations of time for commencement of civil action arising from childhood sexual abuse.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-07 - Referred to JUDICIARY [HB2049 Detail]

Download: Pennsylvania-2011-HB2049-Introduced.html

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PRINTER'S NO. 2848
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2049 Session of2011
INTRODUCED BY D. O'BRIEN, BISHOP, MURT, LONGIETTI, FABRIZIO, READSHAW AND TALLMAN, DECEMBER 7, 2011
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 7, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
limitations of time for commencement of civil action arising
from childhood sexual abuse.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended 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 childhood sexual abuse is under 18
years of age at the time the cause of action accrues, the
individual shall have a period of [12] 32 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 childhood sexual abuse.
(ii) For the purposes of this paragraph, the term
"childhood sexual abuse" shall include, but not be
limited to, the following sexual activities between a
minor 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
(C) 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.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
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Section 2. This act shall take effect immediately.
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