THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 20, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

infancy, insanity or imprisonment.

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 by adding paragraphs to read:

§ 5533.  Infancy, insanity or imprisonment.

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(b)  Infancy.--

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(3)  Notwithstanding any other provision of law, a civil

action arising from childhood sexual abuse that is permitted

under paragraph (2) but otherwise would be barred as of July

1, 2007, solely because the statute of limitations has

expired, is revived, and such a civil action may be commenced

within three years of July 1, 2007. Nothing in this

subsection shall be construed to alter the applicable statute

of limitations period of a civil action arising from

childhood sexual abuse that is not time barred as of July 1,

2007.

(4)  Paragraphs (2) and (3) do not apply if the person or

entity who is the defendant in the civil action from

childhood sexual abuse knew or had reason to know or was

otherwise on notice of the childhood sexual abuse committed

by an employee, volunteer, representative or agent and failed

to take reasonable steps and to implement reasonable

safeguards to avoid acts of childhood sexual abuse in the

future, including, but not limited to, preventing or avoiding

placement of that person in a function or environment in

which contact with children is an inherent part of that

function or environment.

Section 2.  This act shall take effect in 60 days.