LEGISLATIVE UPDATE: Pennsylvania -Title 42 Proposal to Remove Statute of Limitations
TITLE 42: Proposal to remove Statute of Limitations in the state of Pennsylvania for victims of child sex abuse crimes.
A heightened concern is leading religious institutions in Pennsylvania to re-evaluate their coverage to ensure that adequate protections are in place. Waldorf Risk Solutions is here to help…
Current PA Statute of Limitations:
The law states that an individual is entitled to bring civil actions arising from childhood sexual abuse if they were under the age of 18 years old when the abuse occurred. After turning 18 years old the victim of the crime has a period of 12 years or up to the age of 50, in which they may commence a civil action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.
Current Bills Awaiting Approval in the PA Legislature:
House Bill 661 P.N. 763: Proposed Revision:
Raise the age from 30 to 50 years for an adult victim of child sex abuse to file a civil claim, consistent with the current criminal statute.
Allow for previously time-barred victims (up to age 50) to bring suit.
If the perpetrator was employed by a public or private entity that owes a duty of care for the victim, damages against the entity may be awarded with a finding of “gross negligence”.
Going forward, the measure adds “child sex abuse” as an exception to immunity laws thereby removing the “sovereign immunity” defense for public officials and institutions.
House Bill 655 P.N. 754: Proposed Revision:
Remove all Statutes of Limitations for all civil actions.
Senate Bill 172 P.N. 107: Proposed Revision:
Remove the Statute of Limitations for sexual abuse of a minor for criminal prosecution.
Senate Bill 173 P.N. 108: Proposed Revision:
Remove the Statute of Limitations for sexual abuse of a minor for sexual abuse for civil actions.
Senate Bill 470 P.N. 415: Proposed Revision:
Eliminate the Statute of Limitations for criminal prosecution of major sexual offenses for the life of the victim when the offense occurred against a child below the age of fourteen.
Senate Bill 471 P.N. 416: Proposed Revision:
Eliminate the Statute of Limitations for civil actions of major sexual offenses for the life of the victim when the offense occurred against a child below the age of fourteen.
House Bill 196 P.N. 187: Proposed Revision:
Extend the Statute of Limitations to 25 years.
Waldorf Risk Solutions are Market Leaders in procuring adequate protections for our Religious Clients since 1928. We are here to help and to prepare you for the future.
To schedule a complete evaluation and independent review of your policy protections Contact Us today.