Overhauling Pa's Child Sex Crimes Law: a Rundown of What the Law Does and Doesn't Do

By Ivey DeJesus
The PennLive
June 30, 2016

http://www.pennlive.com/news/2016/06/child_sex_crime_house_bill_194_1.html

The prosecution of child sex crimes would change dramatically under a bill poised to go to Gov. Tom Wolf's desk.

The Senate on Thursday voted 49-0 to approve a bill that amends the statute of limitations — the time limits that govern when victims of sex abuse can bring legal action against perpetrators.

House Bill 1947 — which passed the House in April by a vote of 180-15 — amends Title 42 (Judiciary and Judicial Procedure) to eliminate or extend statutes of limitation in criminal and civil cases involving child sexual abuse.

Here is a rundown of what the bill would and would not do:

The bill eliminates the criminal statute of limitations on most child sex crimes.

The bill would allow an individual to file a civil action against institutions and organizations based on child sexual abuse until that individual reaches the age of 50. (Currently it cuts off at 30).

The bill eliminates time limits on when victims can file a civil action against certain individual defendants. Those individual defendants include: the perpetrator; any individual who conspired with the perpetrator of child sexual abuse; any individual who knew of child sexual abuse but failed to report the abuse to law enforcement or a child protective services agency.

The bill eliminates the criminal statute of limitations for a conspiracy or solicitation that facilitates the offenses.

The bill lowers the standard for actions against governmental defendants from "gross negligence" to "negligence.'

The bill does not revive time-barred civil actions.

The bill was returned on Thursday to the House for a concurrence vote. If it receives that approval and is signed into law by the governor, it would take effect 60 days after ratification.