Tracking List: Legislation on PCAR's Website

(PN 445) Amends Title 42 (Judiciary and Judicial Procedure), 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 repealing section 10(3)(ii) of the act of November 26, 2019 (P.L.641, No.87) insofar as the section applies to 42 Pa.C.S. §§ 8522(b)(10) and 8542(b)(9). Removes the provided meanings of “minor,” “sexual abuse” and “forcible compulsion” under section 5533(b). Provides for a temporary window to file claims or civil action arising from sexual abuse if the individual was under 18 years of age at the time of the incident. Adds that if the limitation period for that cause of action has expired, the civil action is revived and the individual will have an additional two years from the effective date. Adds definitions for “forcible compulsion,” “minor” and “sexual abuse.” Provides that the paragraph pertaining to exceptions to sovereign immunity and regarding exceptions to governmental immunity applies retroactively to a cause of action that arose prior to the effective date and prospectively to a cause of action that arises after the effective date. Effectively immediately.

(PN 447) Joint Resolution proposing an amendment to the Pennsylvania Constitution, further providing for courts to be open and suits against the commonwealth. Provides that an individual for whom a statutory limitations period has already expired, or whose claim would otherwise be barred or limited by a statutory cap on damages, sovereign immunity or by governmental or official immunity, shall have a period of two years, without bar or limitation by such caps or immunities, from the time that this subsection becomes effective to commence an action arising from childhood sexual abuse, in such cases as provided by law at the time that this subsection becomes effective. A Joint Resolution proposing integrated amendments to the Constitution of Pennsylvania requires approval in two consecutive legislative sessions and then approval by the voters through a referendum.

Proposes a constitutional amendment regarding the statute of limitations on child sexual abuse cases.