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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, FONTANA, WILLIAMS, ALLOWAY, LEACH, LOGAN, MUSTO, O'PAKE, WOZNIAK AND SMUCKER, FEBRUARY 20, 2009 |
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| REFERRED TO JUDICIARY, FEBRUARY 20, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in liability for tortious acts of |
3 | children, further providing for monetary limits of liability. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 5505(a) and (b) of Title 23 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 5505. Monetary limits of liability. |
9 | (a) General rule.--Liability of the parents under this |
10 | chapter shall be limited to: |
11 | (1) The sum of [$1,000] $2,000 for injuries suffered by |
12 | any one person as a result of one tortious act or continuous |
13 | series of tortious acts. |
14 | (2) The sum of [$2,500] $4,000 regardless of the number |
15 | of persons who suffer injury as a result of one tortious act |
16 | or continuous series of tortious acts. |
17 | (b) Proceedings where loss exceeds liability.--In the event |
18 | that actual loss as ascertained by the court or the judgment |
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1 | against the child exceeds [$2,500] $4,000, the parents shall be |
2 | discharged from further liability by the payment of [$2,500] |
3 | $4,000 into court. The court shall cause all aggrieved parties |
4 | to submit itemized statements of loss in writing and shall make |
5 | distribution proportionately, whether the claims be for injuries |
6 | to the person or for theft, destruction or loss of property. The |
7 | court may take testimony to assist it in making proper |
8 | distribution and may appoint a master to accomplish this |
9 | purpose. All costs and fees incurred in these proceedings shall |
10 | be paid from the [$2,500] $4,000 paid into court. |
11 | * * * |
12 | Section 2. This act shall take effect in 60 days. |
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