Bill Text: PA HB795 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for tolling of limitations in civil actions because of infancy, insanity or imprisonment.

Spectrum: Slight Partisan Bill (Democrat 14-6)

Status: (Introduced - Dead) 2011-02-23 - Referred to JUDICIARY [HB795 Detail]

Download: Pennsylvania-2011-HB795-Introduced.html

---

PRINTER'S NO. 816
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 795 Session of2011
INTRODUCED BY McGEEHAN, BISHOP, SANTARSIERO, K. BOYLE, BRIGGS, CARROLL, CLYMER, DAVIS, GILLESPIE, JOSEPHS, KORTZ, MANN, MILNE, M. O'BRIEN, PAYTON, REICHLEY, ROEBUCK, STEVENSON AND WATSON, FEBRUARY 23, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
tolling of limitations in civil actions because of infancy,
insanity or imprisonment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5533(b)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended by adding an
introductory paragraph and the subsection is amended by adding
paragraphs to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
* * *
(2) Except as set forth in paragraph (4), the following
apply:
* * *
(3) Except as set forth in paragraph (4),
notwithstanding any other provision of law, a civil action
arising from childhood sexual abuse which is subject to
paragraph (2) but would be barred as of July 1, 2011, solely
because the statute of limitations has expired, is revived
and such a civil action may be commenced within one year of
July 1, 2011. Nothing in this paragraph shall be construed to
alter the applicable statute of limitations period of a civil
action arising from childhood sexual abuse which is not time
barred as of July 1, 2011.
(4) Paragraphs (2) and (3) do not apply if all of the
following apply:
(i) The defendant knew or had reason to know of the
childhood sexual abuse committed by an employee,
volunteer, representative or agent.
(ii) The defendant failed to take reasonable steps
and to implement reasonable safeguards to avoid acts of
childhood sexual abuse in the future. This subparagraph
includes preventing or avoiding placement of the
perpetrator in a function or environment in which contact
with children is an inherent part.
Section 2. This act shall take effect in 60 days.
20110HB0795PN0816 - 2 -