HB 713 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, further providing for scope of subchapter.

PRINTER'S NO.    732

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 713
                                               Session of
                                                 2025

     INTRODUCED BY HOWARD, GUENST, T. DAVIS, MADDEN, WAXMAN, MAYES,
        CERRATO, SANCHEZ AND MALAGARI, FEBRUARY 24, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in particular rights and
 3      immunities, further providing for declaration of policy, for
 4      definitions and for scope of subchapter.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 8340.12(2) of Title 42 of the
 8   Pennsylvania Consolidated Statutes, added July 17, 2024
 9   (P.L.836, No.72), is amended to read:
10   § 8340.12.   Declaration of policy.
11      The General Assembly finds and declares as follows:
12          * * *
13          (2)   It is in the public interest to encourage continued
14      participation in matters of public significance, including
15      disclosure of sexual offenses. This participation should not
16      be chilled through abuse of the judicial process.
17          * * *
18      Section 2.    The definition of "protected public expression"
19   in section 8340.13 of Title 42, added July 17, 2024 (P.L.836,
 1   No.72), is amended to read:
 2   § 8340.13.     Definitions.
 3      The following words and phrases when used in this subchapter
 4   shall have the meanings given to them in this section unless the
 5   context clearly indicates otherwise:
 6      * * *
 7      "Protected public expression."          A person's:
 8            (1)   communication in a legislative, executive, judicial
 9      or administrative proceeding;
10            (2)   communication on an issue under consideration or
11      review in a legislative, executive, judicial or
12      administrative proceeding; [or]
13            (3)   exercise, on a matter of public concern, of the
14      rights of freedom of speech or of the press, the right to
15      assemble or petition or the right of association, guaranteed
16      by:
17                  (i)    the First Amendment to the Constitution of the
18            United States; or
19                  (ii)    section 7 or 20 of Article I of the
20            Constitution of Pennsylvania[.]; or
21            (4)   communication of an allegation of abuse, as defined
22      under 23 Pa.C.S. § 6102 (relating to definitions), or
23      allegation of sexual violence, as defined under section 62A03
24      (relating to definitions), provided the communication is not
25      malicious.
26      * * *
27      Section 3.        Section 8340.14(b)(5) of Title 42, added July 17,
28   2024 (P.L.836, No.72), is amended to read:
29   § 8340.14.     Scope of subchapter.
30      * * *

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 1      (b)   Exclusions.--This subchapter does not apply to any of
 2   the following claims asserted in a civil action:
 3            * * *
 4            (5)   Arising under [any of the following:
 5                  (i)    23 Pa.C.S. Ch. 61 (relating to protection from
 6            abuse).
 7                  (ii)    Chapter 62A (relating to protection of victims
 8            of sexual violence or intimidation).
 9                  (iii)    The] the act of May 17, 1921 (P.L.682,
10            No.284), known as The Insurance Company Law of 1921.
11            * * *
12      Section 4.        This act shall take effect in 90 days.




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