Pennsylvania HB 462: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in limitation of time, further providing for infancy, insanity or imprisonment; in matters affecting government units, further providing for exceptions to sovereign immunity and for exceptions to governmental immunity; and making a repeal.

Bill Text

PRINTER'S NO. 445
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 462
Session of
2025
INTRODUCED BY DAVIDSON, MAYES, D. MILLER, HILL-EVANS, OTTEN,
FREEMAN, PROBST, PIELLI, GUENST, KHAN, CARROLL, SAPPEY,
T. DAVIS, HOWARD, CERRATO, SANCHEZ, WAXMAN, DALEY, HADDOCK,
DONAHUE, SCHLOSSBERG, DEASY, BOYD, CURRY AND SHUSTERMAN,
FEBRUARY 4, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
further providing for infancy, insanity or imprisonment; in
matters affecting government units, further providing for
exceptions to sovereign immunity and for exceptions to
governmental immunity; and making a repeal.
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 and the section is amended by
adding subsections to read:
§ 5533. Infancy, insanity or imprisonment.
* * *
(b) Infancy.--
(1) [(i)] If an individual entitled to bring a civil
action is an unemancipated minor at the time the cause of
action accrues, the period of minority shall not be
deemed a portion of the time period within which the
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action must be commenced. Such person shall have the same
time for commencing an action after attaining majority as
is allowed to others by the provisions of this
subchapter.
[(ii) As used in this paragraph, the term "minor"
shall mean any individual who has not yet attained 18
years of age.]
(2) (i) If an individual entitled to bring a civil
action arising from sexual abuse is under 18 years of age
at the time the cause of action accrues, the individual
shall have a period of 37 years after attaining 18 years
of age in which to commence an action for damages
regardless of whether the individual files a criminal
complaint regarding the sexual abuse.
(i.1) If an individual entitled to bring a civil
action arising from sexual abuse is at least 18 and less
than 24 years of age at the time the cause of action
occurs, the individual shall have until attaining 30
years of age to commence an action for damages regardless
of whether the individual files a criminal complaint
regarding the sexual abuse.
[(ii) For the purposes of this paragraph, the term
"sexual abuse" shall include, but not be limited to, the
following sexual activities between an individual who is
23 years of age or younger and an adult, provided that
the individual bringing the civil action engaged in such
activities as a result of forcible compulsion or by
threat of forcible compulsion which would prevent
resistance by a person of reasonable resolution:
(A) sexual intercourse, which includes
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penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; and
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).]
(c) Temporary window to file claims.--Notwithstanding
subsection (b), for an individual entitled to bring a civil
action arising from sexual abuse if the individual was under 18
years of age at the time the cause of action accrued, and if the
limitation period for that cause of action has expired, the
civil action is revived and the individual shall have an
additional period of two years from the effective date of this
subsection to commence an action.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Forcible compulsion." As defined in 18 Pa.C.S. § 3101
(relating to definitions).
"Minor." An individual who has not yet attained 18 years of
age.
"Sexual abuse." The term shall include, but not be limited
to, the following sexual activities between an individual who is
23 years of age or younger and an adult, provided that the
individual bringing the civil action engaged in such activities
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as a result of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(1) sexual intercourse, which includes penetration,
however slight, of any body part or object into the sex organ
of another;
(2) deviate sexual intercourse, which includes sexual
intercourse per os or per anus; and
(3) indecent contact, which includes any touching of the
sexual or other intimate parts of the person for the purpose
of arousing or