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.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in limitation of time,
 3      further providing for infancy, insanity or imprisonment; in
 4      matters affecting government units, further providing for
 5      exceptions to sovereign immunity and for exceptions to
 6      governmental immunity; and making a repeal.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     Section 5533(b) of Title 42 of the Pennsylvania
10   Consolidated Statutes is amended and the section is amended by
11   adding subsections to read:
12   § 5533.    Infancy, insanity or imprisonment.
13      * * *
14      (b)    Infancy.--
15             (1)   [(i)]   If an individual entitled to bring a civil
16             action is an unemancipated minor at the time the cause of
17             action accrues, the period of minority shall not be
18             deemed a portion of the time period within which the
 1        action must be commenced. Such person shall have the same
 2        time for commencing an action after attaining majority as
 3        is allowed to others by the provisions of this
 4        subchapter.
 5              [(ii)    As used in this paragraph, the term "minor"
 6        shall mean any individual who has not yet attained 18
 7        years of age.]
 8        (2)   (i)     If an individual entitled to bring a civil
 9        action arising from sexual abuse is under 18 years of age
10        at the time the cause of action accrues, the individual
11        shall have a period of 37 years after attaining 18 years
12        of age in which to commence an action for damages
13        regardless of whether the individual files a criminal
14        complaint regarding the sexual abuse.
15              (i.1)    If an individual entitled to bring a civil
16        action arising from sexual abuse is at least 18 and less
17        than 24 years of age at the time the cause of action
18        occurs, the individual shall have until attaining 30
19        years of age to commence an action for damages regardless
20        of whether the individual files a criminal complaint
21        regarding the sexual abuse.
22              [(ii)    For the purposes of this paragraph, the term
23        "sexual abuse" shall include, but not be limited to, the
24        following sexual activities between an individual who is
25        23 years of age or younger and an adult, provided that
26        the individual bringing the civil action engaged in such
27        activities as a result of forcible compulsion or by
28        threat of forcible compulsion which would prevent
29        resistance by a person of reasonable resolution:
30                    (A)   sexual intercourse, which includes

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 1                 penetration, however slight, of any body part or
 2                 object into the sex organ of another;
 3                     (B)   deviate sexual intercourse, which includes
 4                 sexual intercourse per os or per anus; and
 5                     (C)   indecent contact, which includes any
 6                 touching of the sexual or other intimate parts of the
 7                 person for the purpose of arousing or gratifying
 8                 sexual desire in either person.
 9                 (iii)   For purposes of this paragraph, "forcible
10            compulsion" shall have the meaning given to it in 18
11            Pa.C.S. § 3101 (relating to definitions).]
12      (c)   Temporary window to file claims.--Notwithstanding
13   subsection (b), for an individual entitled to bring a civil
14   action arising from sexual abuse if the individual was under 18
15   years of age at the time the cause of action accrued, and if the
16   limitation period for that cause of action has expired, the
17   civil action is revived and the individual shall have an
18   additional period of two years from the effective date of this
19   subsection to commence an action.
20      (d)   Definitions.--As used in this section, the following
21   words and phrases shall have the meanings given to them in this
22   subsection unless the context clearly indicates otherwise:
23      "Forcible compulsion."      As defined in 18 Pa.C.S. § 3101
24   (relating to definitions).
25      "Minor."    An individual who has not yet attained 18 years of
26   age.
27      "Sexual abuse."      The term shall include, but not be limited
28   to, the following sexual activities between an individual who is
29   23 years of age or younger and an adult, provided that the
30   individual bringing the civil action engaged in such activities

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 1   as a result of forcible compulsion or by threat of forcible
 2   compulsion which would prevent resistance by a person of
 3   reasonable resolution:
 4             (1)    sexual intercourse, which includes penetration,
 5      however slight, of any body part or object into the sex organ
 6      of another;
 7             (2)    deviate sexual intercourse, which includes sexual
 8      intercourse per os or per anus; and
 9             (3)    indecent contact, which includes any touching of the
10      sexual or other intimate parts of the person for the purpose
11      of arousing or gratifying sexual desire in either person.
12      Section 2.          Sections 8522(b)(10) and 8542(b)(9) of Title 42
13   are amended to read:
14   § 8522.    Exceptions to sovereign immunity.
15      * * *
16      (b)    Acts which may impose liability.--The following acts by
17   a Commonwealth party may result in the imposition of liability
18   on the Commonwealth and the defense of sovereign immunity shall
19   not be raised to claims for damages caused by:
20             * * *
21             (10)    Sexual abuse.--
22                    (i)    Conduct which constitutes an offense enumerated
23             under section 5551(7) (relating to no limitation
24             applicable) if the injuries to the plaintiff were caused
25             by actions or omissions of the Commonwealth party which
26             constitute negligence.
27                    (ii)    This paragraph shall apply retroactively to a
28             cause of action that arose prior to the effective date of
29             this subparagraph and prospectively to a cause of action
30             that arises after the effective date of this

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 1             subparagraph.
 2   § 8542.    Exceptions to governmental immunity.
 3      * * *
 4      (b)    Acts which may impose liability.--The following acts by
 5   a local agency or any of its employees may result in the
 6   imposition of liability on a local agency:
 7             * * *
 8             (9)   Sexual abuse.--
 9                   (i)    Conduct which constitutes an offense enumerated
10             under section 5551(7) (relating to no limitation
11             applicable) if the injuries to the plaintiff were caused
12             by actions or omissions of the local agency which
13             constitute negligence.
14                   (ii)    This paragraph shall apply retroactively to a
15             cause of action that arose prior to the effective date of
16             this subparagraph and prospectively to a cause of action
17             that arises after the effective date of this
18             subparagraph.
19      * * *
20      Section 3.         This act shall apply as follows:
21             (1)   The addition of 42 Pa.C.S. § 5533(c) shall apply to
22      revive an action that was barred by an existing statute of
23      limitations on the effective date of this section.
24             (2)   The amendment of 42 Pa.C.S. §§ 8522(b)(10) and
25      8542(b)(9) shall apply retroactively to an action where the
26      limitations period has not expired prior to the effective
27      date of this section.
28             (3)   The amendment of 42 Pa.C.S. §§ 8522(b)(10) and
29      8542(b)(9) shall apply to an action subject to 42 Pa.C.S. §
30      5533(c) that was barred by an existing statute of limitations

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 1      on the effective date of this section.
 2      Section 4.   Nothing in this act shall permit the application
 3   of the addition of 42 Pa.C.S. § 5533(c) to an action:
 4          (1)   that is subject to a final judgment which, on the
 5      effective date of this section, is not subject to appeal; or
 6          (2)   that, on the effective date of this section, has
 7      been nonjudicially resolved in its entirety by the parties,
 8      in a form which is enforceable.
 9      Section 5.   The Supreme Court of Pennsylvania shall have
10   extraordinary jurisdiction to hear a challenge to or to render a
11   declaratory judgment concerning the constitutionality of this
12   act. The Supreme Court of Pennsylvania may take action as it
13   deems appropriate, consistent with the Supreme Court retaining
14   jurisdiction over the matter, to find facts or to expedite a
15   final judgment in connection with the challenge or request for
16   declaratory relief.
17      Section 6.   The provisions of this act are nonseverable. If
18   any provision of this act or its application to any person or
19   circumstance is held invalid, the remaining provisions or
20   applications of this act are void.
21      Section 7.   Repeals are as follows:
22          (1)   The General Assembly declares that the repeal under
23      paragraph (2) is necessary to effectuate the amendment of 42
24      Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
25          (2)   Section 10(3)(ii) of the act of November 26, 2019
26      (P.L.641, No.87), is repealed insofar as the section applies
27      to 42 Pa.C.S. §§ 8522(b)(10) and 8542(b)(9).
28      Section 8.   This act shall take effect immediately.




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