Vote Smart's Synopsis:

Vote to pass a bill that expands the statute of limitations for underage victims of sexual abuse to sue their abusers.

Highlights:

• Classifies “sexual abuse” as 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 (Sec. 1.d):

• Sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;

• Deviate sexual intercourse; and

• Indecent contact, which includes any touching of the sexual or other intimate parts of the person to arouse and gratify sexual desire in either person.

• Establishes conduct under the following provisions of 18 PA.C.S. (relating to crimes and offenses), or a conspiracy or solicitation to commit an offense under those provisions of 18 PA.C.S. if the offense results from the conspiracy or solicitation, if the injuries to the plaintiff were caused by actions or omissions of the local agency which constitute negligence and the plaintiff was at least 18 years of age and less than 24 years of age at the time the conduct occurred (Sec. 2.II):

• Section 3012 (relating to involuntary servitude);

• Section 3121 (relating to rape);

• Section 3123(a) (relating to involuntary deviate sexual intercourse);

• Section 3124.1 (relating to sexual assault);

• Section 3124.2(a), (a.2) and (a.4) (relating to institutional sexual assault); and

• Section 3125(a)(1), (2), (3), (4), (5) and (6) (relating to aggravated indecent assault).

• Specifies nothing in this act will lead to an action (Sec. 4):

• That is subject to a final judgment which, on the effective date of this section, is not subject to appeal; or

• That, on the effective date of this section, has been non judicially resolved in its entirety by the parties, in a forceable form.

• Authorizes the Supreme Court of Pennsylvania to have extraordinary jurisdiction to hear a challenge to or to render a declaratory judgment concerning the constitutionality of this act. The Supreme Court of Pennsylvania may take action as it deems appropriate, consistent with the Supreme Court retaining jurisdiction over the matter, to find facts or to expedite a final judgment in connection with the challenge or request for declaratory relief (Sec. 4.1).

• Authorizes the Commonwealth to waive sovereign immunity retroactively and a local agency to waive governmental immunity retroactively in any action where the limitations period has not expired and to an action that was barred by an existing statute of limitations on the effective date of this act (Sec. 4.2).

Full Bill Text