Bill Text: PA SB196 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for limitations on civil actions based on certain assaults.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2011-01-19 - Referred to JUDICIARY [SB196 Detail]

Download: Pennsylvania-2011-SB196-Introduced.html

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PRINTER'S NO. 161
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 196 Session of2011
INTRODUCED BY BOSCOLA, TARTAGLIONE, ERICKSON, KASUNIC, BREWSTER, FONTANA AND ALLOWAY, JANUARY 19, 2011
REFERRED TO JUDICIARY, JANUARY 19, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
limitations on civil actions based on certain assaults.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5524 and 5531 of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 5524. Two year limitation.
The following actions and proceedings must be commenced
within two years:
(1) [An] Except as provided in section 5531(4) (relating
to no limitation), an action for assault, battery, false
imprisonment, false arrest, malicious prosecution or
malicious abuse of process.
(2) [An] Except as provided in section 5531(4), an
action to recover damages for injuries to the person or for
the death of an individual caused by the wrongful act or
neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal
property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or
forfeiture.
(6) An action against any officer of any government unit
for the nonpayment of money or the nondelivery of property
collected upon on execution or otherwise in his possession.
(7) [Any] Except as provided in section 5531(4), any
other action or proceeding to recover damages for injury to
person or property which is founded on negligent,
intentional, or otherwise tortious conduct or any other
action or proceeding sounding in trespass, including deceit
or fraud, except an action or proceeding subject to another
limitation specified in this subchapter.
§ 5531. No limitation.
The following actions and proceedings may be commenced at any
time notwithstanding any other provision of this subchapter
except section 5521 (relating to limitations on foreign claims):
(1) An action against an attorney at law by or on behalf
of a client to enforce any implied or resulting trust as to
real property.
(2) An action by the Commonwealth, a county or an
institution district against the real or personal property of
persons who were public charges, including mental patients,
to recover the cost of their maintenance and support.
(3) An action by the Commonwealth, a county or an
institution district against the real or personal property of
persons who were legally liable to pay for the maintenance
and support of persons who were public charges, including
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mental patients, to recover the cost of their maintenance and
support.
(4) A personal injury action based on any of the
following:
(i) Murder.
(ii) Voluntary manslaughter.
(iii) Conspiracy to commit murder or solicitation to
commit murder if a murder results from the conspiracy or
solicitation.
(iv) Any felony alleged to have been perpetrated in
connection with a murder of the first or second degree,
as set forth in 18 Pa.C.S. § 2502(a), (b) and (d)
(relating to murder).
(v) A violation of 75 Pa.C.S. § 3732 (relating to
homicide by vehicle) or 3742 (relating to accidents
involving death or personal injury) if the accused was
the driver of a vehicle involved in an accident resulting
in the death of any person.
(vi) Any violation of 18 Pa.C.S. (relating to crimes
and offenses) as follows:
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual
assault).
Section 3123 (relating to involuntary deviate
sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual
assault).
Section 3125 (relating to aggravated indecent
assault).
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Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 6312(b) (relating to sexual abuse of
children).
Section 2. This act shall take effect in 60 days.
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