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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REICHLEY, BARRAR, BEYER, CLYMER, CREIGHTON, CUTLER, EVERETT, FRANKEL, GINGRICH, HARRIS, JOSEPHS, MOUL, MURT, OBERLANDER, O'NEILL, ROCK, SWANGER, TALLMAN, TRUE AND YOUNGBLOOD, AUGUST 20, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 20, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | infancy, insanity or imprisonment. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5533(b) of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding paragraphs to read: |
8 | § 5533. Infancy, insanity or imprisonment. |
9 | * * * |
10 | (b) Infancy.-- |
11 | * * * |
12 | (3) Notwithstanding any other provision of law, a civil |
13 | action arising from childhood sexual abuse that is permitted |
14 | under paragraph (2) but otherwise would be barred as of July |
15 | 1, 2007, solely because the statute of limitations has |
16 | expired, is revived, and such a civil action may be commenced |
17 | within three years of July 1, 2007. Nothing in this |
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1 | subsection shall be construed to alter the applicable statute |
2 | of limitations period of a civil action arising from |
3 | childhood sexual abuse that is not time barred as of July 1, |
4 | 2007. |
5 | (4) Paragraphs (2) and (3) do not apply if the person or |
6 | entity who is the defendant in the civil action from |
7 | childhood sexual abuse knew or had reason to know or was |
8 | otherwise on notice of the childhood sexual abuse committed |
9 | by an employee, volunteer, representative or agent and failed |
10 | to take reasonable steps and to implement reasonable |
11 | safeguards to avoid acts of childhood sexual abuse in the |
12 | future, including, but not limited to, preventing or avoiding |
13 | placement of that person in a function or environment in |
14 | which contact with children is an inherent part of that |
15 | function or environment. |
16 | Section 2. This act shall take effect in 60 days. |
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