Bill Text: PA SB88 | 2013-2014 | Regular Session | Introduced
Bill Title: Further providing for limitations on civil actions based on certain assaults.
Spectrum: Slight Partisan Bill (Democrat 10-5)
Status: (Introduced - Dead) 2013-01-09 - Referred to JUDICIARY [SB88 Detail]
Download: Pennsylvania-2013-SB88-Introduced.html
| PRINTER'S NO. 52 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 88 | Session of 2013 |
INTRODUCED BY BOSCOLA, TARTAGLIONE, WILLIAMS, HUGHES, FONTANA, BROWNE, FARNESE, TEPLITZ, WOZNIAK, YUDICHAK, ERICKSON AND WAUGH, JANUARY 9, 2013
REFERRED TO JUDICIARY, JANUARY 9, 2013
AN ACT
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for
3limitations on civil actions based on certain assaults.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Sections 5524 and 5531 of Title 42 of the
7Pennsylvania Consolidated Statutes are amended to read:
8§ 5524. Two year limitation.
9The following actions and proceedings must be commenced
10within two years:
11(1) [An] Except as provided in section 5531(4) (relating
12to no limitation), an action for assault, battery, false
13imprisonment, false arrest, malicious prosecution or
14malicious abuse of process.
15(2) [An] Except as provided in section 5531(4), an
16action to recover damages for injuries to the person or for
17the death of an individual caused by the wrongful act or
18neglect or unlawful violence or negligence of another.
1(3) An action for taking, detaining or injuring personal
2property, including actions for specific recovery thereof.
3(4) An action for waste or trespass of real property.
4(5) An action upon a statute for a civil penalty or
5forfeiture.
6(6) An action against any officer of any government unit
7for the nonpayment of money or the nondelivery of property
8collected upon on execution or otherwise in his possession.
9(7) [Any] Except as provided in section 5531(4), any
10other action or proceeding to recover damages for injury to
11person or property which is founded on negligent,
12intentional, or otherwise tortious conduct or any other
13action or proceeding sounding in trespass, including deceit
14or fraud, except an action or proceeding subject to another
15limitation specified in this subchapter.
16§ 5531. No limitation.
17The following actions and proceedings may be commenced at any
18time notwithstanding any other provision of this subchapter
19except section 5521 (relating to limitations on foreign claims):
20(1) An action against an attorney at law by or on behalf
21of a client to enforce any implied or resulting trust as to
22real property.
23(2) An action by the Commonwealth, a county or an
24institution district against the real or personal property of
25persons who were public charges, including mental patients,
26to recover the cost of their maintenance and support.
27(3) An action by the Commonwealth, a county or an
28institution district against the real or personal property of
29persons who were legally liable to pay for the maintenance
30and support of persons who were public charges, including
1mental patients, to recover the cost of their maintenance and
2support.
3(4) A personal injury action based on sexual abuse of a
4minor in violation of any of the following provisions of 18
5Pa.C.S. (relating to crimes and offenses):
6(i) section 3121 (relating to rape);
7(ii) section 3122.1 (relating to statutory sexual
8assault);
9(iii) section 3123 (relating to involuntary deviate
10sexual intercourse);
11(iv) section 3124.1 (relating to sexual assault);
12(v) section 3124.2 (relating to institutional sexual
13assault);
14(vi) section 3125 (relating to aggravated indecent
15assault);
16(vii) section 3126 (relating to indecent assault);
17(viii) section 3127 (relating to indecent exposure);
18(ix) section 4302 (relating to incest); or
19(x) section 6312(b) (relating to sexual abuse of
20children).
21Section 2. This act shall take effect in 60 days.
