THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, FONTANA, WILLIAMS, ALLOWAY, LEACH, LOGAN, MUSTO, O'PAKE, WOZNIAK AND SMUCKER, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in liability for tortious acts of

children, further providing for monetary limits of liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5505(a) and (b) of Title 23 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 5505.  Monetary limits of liability.

(a)  General rule.--Liability of the parents under this

chapter shall be limited to:

(1)  The sum of [$1,000] $2,000 for injuries suffered by

any one person as a result of one tortious act or continuous

series of tortious acts.

(2)  The sum of [$2,500] $4,000 regardless of the number

of persons who suffer injury as a result of one tortious act

or continuous series of tortious acts.

(b)  Proceedings where loss exceeds liability.--In the event

that actual loss as ascertained by the court or the judgment

against the child exceeds [$2,500] $4,000, the parents shall be

discharged from further liability by the payment of [$2,500]

$4,000 into court. The court shall cause all aggrieved parties

to submit itemized statements of loss in writing and shall make

distribution proportionately, whether the claims be for injuries

to the person or for theft, destruction or loss of property. The

court may take testimony to assist it in making proper

distribution and may appoint a master to accomplish this

purpose. All costs and fees incurred in these proceedings shall

be paid from the [$2,500] $4,000 paid into court.

* * *

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