Saint John Bosco Roman Catholic Church Staff Office Hours

Saint John Bosco
Roman Catholic Church
Parish Center Office
215 E. County Line Road
Hatboro, PA 19040
Tel. (215) 672-7280
In emergency, call anytime 24/7.
Otherwise, please call during Office Hours.
Faith Formation Office (PREP) Tel. 267-803-0774.
St. Vincent de Paul Society Tel. 215-882-2707.
Staff
Rev. Gary J. Kramer, Pastor
Rev. Gerald C. Ronan, Parochial Vicar
Bulletin Editor
Rev. James E. McVeigh, Weekend Assistant
Deacon Daniel J. Rouse, Financial Administrator
Mrs. Diane Falchetta, Secretary
Loretta Ceniviva, Secretary
Mrs. Christine Flack, Faith Formation Coordinator
Mrs. Lisa Quaranto, Music Director &
Youth Ministry Coordinator
Mrs. Janet Shepherd, Bulletin Editor
On April 11, 2016 our State
Capitol (above) in Harrisburg,
PA, witnessed the birth of a dire
threat to our Catholic Church.
Office Hours
Our House of
Representatives voted for House Bill 1947. This
proposed law is unjust and discriminates against
religious and private groups in PA including
ironically victims of child abuse. State Senators are
expected to consider this bill in this month (June)
before summer recess. If they approve it, the
Governor is expected to sign it into law. Please
study this Bulletin’s detailed information. If the facts
move you to be very worried about likely dire
consequences of this law, please unite with
Catholics and members of other private organizations
all over PA to protest at this 11th Hour -- when
Senators understandably are hurrying to finish work
and start vacations -- BUT, this should not be at our
expense with an ill-considered, unjust law. Ed.
Page 3 First: A Note to Survivors
Page 4 House Bill 1947 Summary
Pages 5-6 Statutes of Limitations
Mon. to Thurs. 9 am to 12 noon; 1 to 4:30 pm;
Evenings 6:30 to 8:00 pm by appt.
Fri.: 9 am to 12 noon; 1 to 4 pm. Eve. closed.
Sat./Sun.: Closed. Mass Cards/Mail/Messages/
Documents/Facility Keys are available only during
regular Office Hours.
Religious Services This Week
Sunday Sat. Eve. Vigil Masses:
4 pm (English); 7 pm (Spanish)
Sun. Morning Masses: 7, 9, 11 am
No afternoon/eve. Mass on Sunday.
Mon. to Fri.: Daily Mass: 8:45 am.
Confession: 8:15-8:35 am; 3-3:30 pm; 6-6:30 pm.
Sat. Confession: 8:30-8:50 am. Rosary: 8:30 am.
Holy Mass: 9:00 am Novena: After Mass to Our
Lady of the Immaculate Conception.
Confession: Parishioners unable to attend at
regularly scheduled times may request appt.
Background, Key Issues
Pages 7-8 HB 1947 Fact Sheet
Pages 9-10 HB 1947 Verbatim
Before HB 1947 Lady Justice (left) is a
beloved American symbol of unbiased, fair balancing
of factual evidence in judicial/legislative matters.
During HB 1947’s birthing Lady J has become a tool
for gross Bias and clear Discrimination against
private/religious groups in contrast to governmental/
public entities. HB 1947 alternately ignores a large
victim class in the public sector and then addresses
their needs very differently from the private sector.
Now, Lady J needs urgent care and is emblematic of
civic dysfunction in law making. Lady Injustice!?
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118 SJBosco
Sunday, June 5, 2016
Dear Graduate,
Graduation is a time to celebrate your achievements, prepare for
a future of pportunities and embrace a world of infinite
possibilities. As you get ready to go out into the world, we ask
God to lead you. We pray that God will guide you while you pursue your dreams. Most of
all we ask God to give you a caring heart to look for ways to help the people you meet on your life’s journey.
Your Parish Family of Saint John Bosco asks God to bless you and your abilities. We would like to keep in
touch with you after graduation. If you would like to receive updates of all the latest SJB news, please send your
email address to us at
[email protected]. Reach for the stars! The sky’s the limit! Every yesterday is a memory of
dreams. Every tomorrow is a vision of hope.
Happy Graduation!
Yours in Christ,
Reverend Gary Kramer
Pastor
Congratulations and Blessings,
Bishop-elect Edward M. Deliman!!
Pope Francis named Msgr. Deliman (right) as new
auxiliary bishop of Phila. Archbishop Chaput (far
right) who introduced him at a news conference May
31. Then Father Deliman (right) served SJB parish
well as Parochial Vicar. Currently Pastor of St.
Charles Borromeo Parish (Bensalem), he is 69 and
was ordained in 1973. He has much experience
serving parishes with large Hispanic populations. He
also served extensively in youth ministry, priestly
formation and as mentor for young priests. An
auxiliary bishop assists archdiocesan administration.
His ordination to the fullness of priesthood as bishop
will be Aug. 18 in the Cathedral Basilica.
Saint John Bosco Day at Palz,
1902 County Line Rd in Huntingdon Valley on
Tues., June 7 11 AM to 9 PM.
The restaurant will donate a % of proceeds to SJB.
Eat in / Take out. Take a day off from cooking.
No flyer needed. Just mention SJB! Thanks!!!
A very important Pastor’s Message is forthcoming as follow-up to today’s
HB 1947 Bulletin edition. We urge parishioners to review and consider the
detailed, factual information provided herein.
Please share this information with family, friends, other PA Catholics.
Feel free to contact resources identified in today’s edition and -- of course - your parish clergy as you study and discuss this very critical issue.
Bulletin Ed.
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118 SJBosco
First: A Note to Survivors
Before entering the pages of detail on a proposed
law, we think first of the actual persons who
suffered crimes of child abuse and the after-effects.
We re-iterate the Church’s deep sorrow and
continued prayers for your well-being. We reaffirm the on-going pledge the Phila. Archdiocese to support healing for
victims. There is no statute of limitations on the Church offer to assist. If you are a survivor of child sexual
abuse, please know above all else, that it was NOT YOUR FAULT. A child does not cause it and is
never to blame for it. For Assistance call us at the number below. We recognize how painful it may be for
you to come forward, and we acknowledge your strength and courage. The Archdiocese of Phila. is committed to
assist victims, their families, and parishes who may be suffering in the aftermath of sexual abuse by a priest,
deacon, employee, or volunteer of the Archdiocese. Our trained victim service staff is here to offer resources,
support and assistance. In all cases, our program follows guidelines set forth by a survivor’s independent
counselor or therapist and tailors an assistance plan based on unique needs of each person.
To Report child sexual abuse by a member of clergy, employee or volunteer, we encourage you to contact the
Office of Investigations, Tel. 888.930.9010. You are also encouraged to call your local police department to file a
complaint. What Will Happen if I Report Abuse? The Archdiocese is required by law to report suspected child
abuse to the PA Department of Human Services hotline. Also, it is Archdiocesan policy to immediately refer any
conduct, which could constitute a crime to law enforcement.
Victim Assistance Program
Safe Environment Program
Tel. 215.587.3880 or 1.888.800.8780 Tel. 215.587.2466
Email: [email protected]
Email: [email protected]
Training Institute
login/index.php
https://
learning.childyouthprotection.org/
Efforts by the Catholic Church of Phila. to assist survivors far exceed
what is being done by any other private or public institution.
One important, overlooked fact in public debate about the Church and child abuse is that the Catholic
Church has accepted responsibility for past abuse. It has worked very hard -- and still does -- to
support survivors and to prevent further abuse from taking place.
Archdiocesan Investment in Victim Assistance & Child Abuse Prevention
Victim Assistance to survivors on their paths to healing: Yrs. 2003 to 2015 Total: $ 13,014,458.
2013-14 expenses $1.7 million included: counseling, medication, transport, childcare, vocational aid, etc.
 Prevention Education for Child Safety: Screening/Training of Clergy, Employees, Vols.
Yrs. 2004 to 2015 Total: $ 4,740,562. All employees and vols. are subject to screening and background
checks as well as required to attend Safe Environment and Mandated Reporter Trainings.
All young people in grades K to 12 receive age-appropriate prevention education.

How to Contact Priest (Emergency)
Within Parish Call Parish Tel. (above). Parish priest is “on-call” (24 hrs./7 days wk.) within our parish area
which includes Majestic Oaks Nursing Home and the Hospice Unit, Abington Health Center in Warminster.
Our parish priests are not “on-call” for urgent needs elsewhere.
Outside Parish Other hospitals, nursing homes, rehabs, have their own “on-call” local priests. At any time
please ask other facilities’ staff to contact their local Catholic parish or their own assigned Catholic chaplain.
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HOUSE BILL 1947 SUMMARY
Author: Suzanne Hueston, General Counsel,
Archdiocese of Phila., Memo to Clergy (5/17/16).
On April 12, 2016, House Bill 1947 passed the Pennsylvania House and has been referred to the
Senate Judiciary Committee for consideration. The bill amended both the criminal and civil statutes of
limitations relating to acts of childhood sexual abuse. Following are the principal elements of the bill:
1. If the victim was under 18 years of age at the time of the offense, the criminal statute of
limitations (SOL) would be prospectively eliminated for the following crimes:
 Trafficking in individuals
 Involuntary sexual servitude
 Rape
 Statutory Sexual Assault
 Sexual assault
 Institutional sexual assault
 Aggravated indecent assault
 Incest
Thus, a criminal prosecution for any of the
listed offenses could be brought at any time in
the future.
2. The statute of limitations for the crime of Endangering Welfare of Children (EWOC) would
remain at victim's age 50.
3. The statute of limitations for civil actions arising from childhood sexual abuse would be
extended from victim's age 30 to victim's age 50 (age 30 is the current statute of limitations
for claims arising from childhood sexual abuse). In addition, however, House Bill 1947
would also allow those civil claims that are currently time-barred for such victims would be
revived until the victim reaches age 50.
4. The expansion of the statute of limitations for civil claims already time-barred would
have no practical impact on public entities, since they will continue to benefit from the
bar of sovereign immunity/governmental immunity with respect to claims that arose
prior to the effective date of this bill.
5. The bar of sovereign/governmental immunity for civil litigation against public entities
(for example, school districts) would be waived prospectively with respect to claims for
childhood sexual abuse where the conduct of the perpetrator constituted one of the
criminal offenses (listed in 1, above) provided that the actions or omissions of the
defendant governmental party constitute "gross negligence" (an undefined term and a
higher standard than for private entities).
6. The proposed law does not change the notice requirement for public entities. Public
entities can only be sued if the injured party gives the entity notice of the injury within
six months after it occurs. This nullifies the extension of the statute of limitations to
victim's age 50.
7. Private organizations can be sued retroactively for unlimited amounts of damages,
including punitive damages. Public entities are subject to caps on the damages that can
be awarded against them and are not subject to punitive damages. Currently, damages
against State entities are limited to $250,000 per plaintiff and $1,000,000 in total for
claims that are related to one another. Damages against counties, municipalities and
school districts are limited to a total of $500,000 for any one event or for a series of
related events.
8. This bill as drafted, treats childhood sexual abuse victims from public entities differently
than those from private entities.
BAPTISM takes place monthly on First (Spanish) and Last (English) Sundays.
Parents:
Please call parish to arrange and for more information. Before date is confirmed, parents must
have/obtain: Registration in SJB Parish &Certificate of Eligibility to Serve as Sponsor for
each Catholic Sponsor (1 required; 2 preferred) Letter of Pastor for Christian Witness. One
baptized non-Catholic may serve as Christian Witness and must present Letter of Good Standing
from current Christian pastor. Catholic not eligible to be Sponsor may not be Christian Witness.
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Statutes of Limitations ~
Some Background Source: Archdiocese of Phila., May 2016
The Church in the U.S.A. and especially in our Archdiocese of Phila. has responded to abuse survivors and
affirmed that they are not at fault for crimes committed against them. The Archdiocese has demonstrated a sincere
commitment to the emotional and spiritual well-being of individuals who have been impacted by the crime of
childhood sexual abuse, no matter how long ago the crime was committed. The Church accepts responsibility for
abuse that occurred within her ranks and will support those survivors as long as necessary. We have no statute of
limitations on our response.
Our archdiocese has committed to the goal of protecting children and ending child sexual abuse by aggressively
responding to allegations of sexual abuse, carefully screening clergy, employees and volunteers, and proactively
educating adults and children about the signs of abuse.
Despite that, on Tuesday, April 12, 2016, the Pennsylvania House of Representatives voted 180-15 to pass HB
1947 in favor of eliminating the criminal statute of limitations on child sexual abuse and to extend the civil statute
of limitations from age 30 to age 50. It also allows civil lawsuits to be filed retroactively in cases in which a
victim is now between age 30 and 50 years old. However, this “retroactive” or “look back” provision applies only
to private or nonprofit organizations like the Catholic Church and not to government institutions like public
schools or juvenile facilities. This provision is clearly unfair in the way it exempts public entities and punitively
targets our Catholic Church.
It is essential for clergy and parishioners to understand and share respectfully with others what the Church has
done to help survivors of abuse, no matter when their abuse occurred, to protect against future abuse, and to anticipate the disastrous impacts this unfair legislation will likely have on Catholic life in parishes, schools, service and
charity programs, and other ministries across our state. In our country, the Catholic Church is the largest single
provider of charitable health and social services to the public (especially the poor and at risk) without distinction.
What are Statutes of Limitations?
A basic principle of American law, statutes of limitations in civil lawsuits ensure fairness in our legal system by
requiring cases to be filed in a timely manner. Without statutes of limitations, non-profits and Churches could
face lawsuits alleging abuse from decades ago. It is nearly impossible for an institution that did not itself commit
abuse to defend itself against a lawsuit from many years past because over time witnesses’ memories become
unreliable, evidence is lost or never found, and in many instances alleged perpetrators and/or key witnesses that
could establish the Church’s lack of knowledge about a particular incident may be deceased, very infirm, or
memory impaired and unable to testify.
Why does the Church oppose this legislation or at least certain parts of it?
The Church does not oppose eliminating the criminal statute of limitations to bring charges of child abuse. We
can all agree that anyone who sexually abuses a child should be punished by the law. Sexual predators should be
removed from society so they cannot hurt anyone else. Criminal cases require a burden of proof that is beyond a
reasonable doubt, and fairness is built into the system with many checks and balance.
In contrast, in civil cases, anyone can file a civil suit with a much lower burden of proof. An alleged abuser may
be deceased, but a third party, like his or her employer, could be sued even after the perpetrator, possible witnesses, or clear evidence is long gone. Removing a fair and reasonable civil statute of limitations from our judicial
system would make it impossible for any organization that cares for children to defend itself in court years later.
Why should clergy and parishioners be concerned about this legislation?
Similar laws have passed in other states. Lawsuits were brought against both the diocese and individual
parishes. The money needed to settle such lawsuits inevitably comes from dioceses and parishes in which alleged
abuse occurred. In other states, retroactive or “look back” changes to law resulted in dioceses closing schools,
parishes, and charities and, in some cases, declaring bankruptcy. In short, this legislation, promoted in the media
as “reform,” has very real potential to severely cripple ministry of our Catholic community in PA. This includes
impacts on our Catholic schools.
What about Public Schools?
Retroactive Lawsuits Simply put: The bill currently approved by the House allows victims to file lawsuits
against private institutions/churches retroactively, i.e. for abuse which occurred before this bill’s effective
date. This bill does not allow retroactive claims against public institutions!!
Cont. on next page.
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Cont. from previou s page
Statutes of Limitations Background
Sovereign Immunity
Our legislators have placed a heavy legal thumb on the Scales of Lady Justice! This new retroactive (“look
back”) portion of HB1947 applies only to churches and other private or nonprofit institutions, e.g. Scouts. It does
not apply to public schools, which remain protected from certain lawsuits under the traditional (ancient) legal
doctrine called sovereign immunity. This unbalanced situation is now patently discriminatory. It is ironic and
unjust. Ironic because it is a matter of public record that the vast majority of child sexual abuse cases occurred in
public schools; Unjust because this House-approved law is touted in public media and speeches as “reform” for
the sake of victims but it lopsidedly denies many, many more victims in public or government-related settings any
retroactive way to apply for civil damages to redress their sufferings.
Prospective Lawsuits
The legislation changes the application of sovereign immunity somewhat going forward. It permits victims in
both private/religious and public/governmental settings to file lawsuits for future new instances of abuse occurring
after a certain time following the effective date of the new law. Again, ironic and unjust application of a heavy
legal thumb to the Scales of Lady Justice caps the amount of damages which may be awarded in each case
brought by a public/governmental victim. There is no such cap on private/religious damage awards. This is
unfair and unjust to the many more victims likely to be in public/govt settings which are being “protected” against
loss of money -- ultimately taxpayers’ monies. This is unfair to private/Church settings where there are no limits
to loss of money -- ultimately parishioners’ monies. Lawmakers are protecting themselves from angry taxpayers
of the future. Bishops cannot raise taxes; parishioners’ sacrificial generosity is limited by life’s realities.
What are some of the implications of the legislation to amend the statutes of limitations?
The most obvious result will be generation of civil lawsuits seeking large (uncapped) money damages against the
Church and including millions of dollars for plaintiffs’ attorneys. Lawsuits will go way back and into the future
wihout limits (caps) on amounts awarded. No result enhances security of young people today and into the future.
Most Catholic families’ school-aged children attend public schools. No result gives redress to the many more past
victims of abuse in public/govt in the past.
What can I do?
The Church remains strongly committed to helping survivors of clergy sexual abuse heal. That
will not change.
 Reach out to, and pray for healing and recovery for, all who have survived childhood sexual abuse.
2. Thoughtfully consider the information in this Bulletin and the forthcoming Pastor’s Message. (See p. 2)
3. Share your own take on this matter with family, friends, and other parishioners. Discussion -- even debate -promotes clarity and good decisions.
4. As a voter, you have a right (duty) to make concerns and wishes known to those whom you elect.
You do so by voting. You can also: Call, email, or write your State Senator and State Rep. to simply and
clearly state your opposition to HB 1947. Be sure to give your name and residence so that they know they are
your elected officials whom you pay to do right by our state. Unfair, unjust legislation is wrong and hurtful.
5. The PA Catholic Conference website www.pacatholic.org has the latest updates on this issue.
ARRANGING MARRIAGE at St. John Bosco Church
Wedding Planning starts with engaged couple’s meeting a parish priest here at least six
(6) months before desired wedding date. Please do not make financial commitments before confirming church date/time.
Marriage Convalidation Couples in a civil or non-Catholic religious union without
Catholic Church’s explicit permission are not in a valid Catholic marriage. They cannot
receive other sacraments or serve as Catholic Sponsors for Baptism and Confirmation.
This situation often is easily remedied by “convalidation”, a simple ceremony popularly
called “getting a marriage blessed”.
Please contact parish priest for detailed information.
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HOUSE BILL 1947
Fact Sheet
Source Archdiocese of Phila. May 2016
On April 12, 2016 the PA House of Representatives voted to allow civil lawsuits to be filed retroactively for
cases against non-profits in which survivors of sexual abuse are now between 30 and 50 years old.
This provision only applies to private or non-public organizations like the Catholic Church.
It treats differently government institutions, e.g., public schools and juvenile facilities.
It does not treat all victims of child sexual abuse in an equitable fashion.

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What Does the Church Oppose About this Legislation?
Statutes of limitation (SoL) exist because they’re sensible and just.
They ensure that a just verdict can be reached. The more time that passes, the harder it is for
anyone to defend against alleged claims. Over time, witnesses’ memories become unreliable,
evidence is lost or never found, and in many instances perpetrators or witnesses may be deceased.
This legislation is unconstitutional. Pennsylvania’s Constitution has a Remedies Clause.
It explicitly prevents eliminating certain defenses or claims. This legislation’s “look back” provision
would illegally eliminate a fixed defense, which courts have affirmed cannot be taken away when the
limitations period has already expired. [Ed Note: Sen. Greenleaf’s Senate Judiciary Committee is
expected to hold a public hearing on this constitutionality issue in Harrisburg on 6/14/16. The findings
or recommendations of that committee are not binding on the full Senate.]
This legislation discriminates. It fails to treat everyone equally. Public schools and government
-run programs receive special protections and exemptions for abuse that happened there. Such
special treatment excludes the majority of abuse survivors. This legislation throws justice out of
balance; it ignores the fact that the vast majority of school-age children in PA attend public
schools, not parochial or private schools. The legislation ignores the hard fact that more children
are abused in public schools than in private schools.
This legislation allowing civil lawsuits for childhood sexual abuse that occurred 20, 30, even 40 years
ago will jeopardize the future of every church, private school and charity that serves children in PA.
The Church does not oppose eliminating the criminal statute of limitations. We all agree that
anyone who sexually abuses a child should be severely punished by the law.
The Church is not alone in opposing this bill. Other organizations that have expressed deep concern
include the Pennsylvania Insurance Federation, Pennsylvania Chamber of Business and Industry, PA National Federation of Independent Businesses, Pennsylvania Business Council, Pennsylvania Manufacturers Association and Hospital & Healthsystem Association of Pennsylvania.
In other states, legislation to amend the civil statute
of limitations has had devastating financial consequences.
Statute of Limitations “windows” in other states have drained billions of dollars from Church ministry
of today’s Catholic community who are in no way responsible for abuse that occurred decades ago.
 State of Limitations “windows” left Bankruptcy & Severe Debt as the only option for most dioceses in
states.

California dioceses paid out $ 1.2 billion for 1,000+ claims filed against the Catholic Church, some
involving alleged abuse dating as far back as the 1930s.

The Diocese of Wilmington, DE, paid out $ 77.4 million after claiming bankruptcy.

The Diocese of Duluth, MN was ordered to pay $ 8.1 million to just one child abuse survivor.
 The Diocese of Wilmington, DE was forced by the drain of satisfying settlements and attorneys’ fees to
close 2 struggling inner-city Catholic schools, lay off 10 % of workforce, hut down/severely cut
charitable services to the poor, and divert resources from other struggling schools and ministries.
 Settlement documents within the bankruptcies certify that victim’s attorneys were paid 1/3 of entire payout
– in some cases exceeding $ 30 million. Reimbursement of other costs and expenses reduced the victims’
share by millions more.
Cont. on next page.
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(cont.)
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HOUSE BILL 1947
Fact Sheet
PA’s Catholic parishioners should be very concerned about this legislation.
This legislation could easily cripple parishes, schools, and ministries serving PA’s 3 million Catholics.
In states where similar laws passed, lawsuits were brought against individual
parishes as well as the dioceses.
Money needed to settle lawsuits would come from people in our pews in addition to dioceses and Archdioceses. In other states where similar laws passed, no institution had adequate
insurance coverage to compensate for money damages incurred or had the wherewithal to
litigate all of the claims.
In Delaware, more than half of individual parishes statewide were sued when a retroactive law was
adopted. One individual parish there was hit with a verdict of over $3 million. Very few could afford to
go to court; none were able to defend themselves on their own.
Not one pedophile was taken off the streets in states
that retroactively nullified their statute of limitations.
Putting charitable organizations out of existence
does not protect children.
The legislation applies only to civil lawsuits, not criminal charges.
A substantial number (68 %) of accused perpetrators within California’s “window” were
already dead or very old, infirm, and long removed from ministry at the time claims were filed.
No other organization does more to
pursue its commitment to prevent abuse and
support survivors than the Church.
The Church has a zero tolerance policy for clergy, lay employees, and volunteers who engage in misconduct with children and takes immediate action when an accusation is made.
Church education programs teach parents, children, clergy, staff and volunteers how
to recognize improper conduct and to be comfortable enough to report a problem.
We help childhood sexual abuse survivors and their families to heal, no matter who
committed the crime against them or when the crime occurred. There is no statute of
limitations on our church’s willingness to support victims and families.
Our Archdiocese of Phila. over the last 14 years has dedicated over $ 18.8 million to make available
counseling, provide medication, eliminate barriers to travel and childcare, provide vocational assistance
and other forms of support to men, women, children and families as well as providing for background
checks, trainings, and education programs aimed at preventing abuse in the first place.
Some have asked how to help at Fall Festival. Are
you a good cook? Do you like to fry food? Divine
Dining needs someone to run two small fryers at the
Festival from 9/20-9/24. Broccoli Bites,
Mozzarella Sticks and Shrimp on the
menu. If you can help, call either Peachy
215-674-9713 or John 215-669-8159.
Where are you going on vacation this summer? Join
the Church Bulletin Contest! Bring back by 2nd
Mon. in Sept. the Parish Bulletin from the church
in the area that you are visiting. When you get
home, drop the Bulletin at Parish Center with your
name, phone no. & email address!
Prize will be awarded in September
2016 for the Bulletin from the
farthest point!
SAVE THE DATE! Saturday, 3/25/17
Join us as we travel to the National Shrine of St.
Katharine Drexel. Watch our Sunday Bulletin and
Website for details as we get closer.
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Source: http://openstates.org/pa/ PRIOR PRINTER’S NO.s 3068, 3085
PRINTER’S NO. 3163
bills/2015-2016/HB1947/
THE GENERAL ASSEMBLY OF PENNSYLVANIA
Not easy reading.
HOUSE BILL No. 1947 Session of 2015
Bulletin Ed.
INTRODUCED BY MARSICO AND PETRARCA, APRIL 4, 2016
AS AMENDED ON SECOND CONSIDERATION , HOUSE OF REPS. APRIL 11, 2016
AN ACT
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, for
4 no limitation applicable and for other offenses; and, in
5 matters affecting government units, further providing for
6 exceptions to sovereign immunity and for exceptions to
7 governmental immunity.
8 The General Assembly of the Commonwealth of PA
9 hereby enacts as follows:
10 Section 1. Section 5533(b)(2)(i) of Title 42 of the
11 Pennsylvania Consolidated Statutes is amended to read:
12 § 5533. Infancy, insanity or imprisonment.
13 * * *
14 (b) Infancy.-15
***
16
(2) (i) If an individual entitled to bring a civil
17
action arising from childhood sexual abuse is under
18 18 years of age at the time the cause of action accrues, the
19
individual shall have a period of [12] 32 years after
20 attaining 18 years of age in which to commence an action
4 Section 3122.1 (relating to statutory sexual assault).
5 Section 3123 (relating to involuntary deviate sexual
6 intercourse).
7 Section 3124.1 (relating to sexual assault).
8 Section 3124.2(a) and (a.2) (relating to institutional
9 sexual assault).
10 Section 3125 (relating to aggravated indecent assault).
11 Section 4302 (relating to incest).
12 Section 6312 (relating to sexual abuse of children).
13 (c) Exceptions.--If the period prescribed in subsection (a),
14 (b) or (b.1) has expired, a prosecution may nevertheless be
15 commenced for:
16
***
17 (3) Any sexual offense committed against a minor who is
18 less than 18 years of age any time up to the later of the
19 period of limitation provided by law after the minor has
20 reached 18 years of age or the date the minor reaches 50
21 years of age. As used in this paragraph, the term "sexual
22 offense" means a crime under the following provisions of
23 Title 18 (relating to crimes and offenses):
24
[Section 3011(b) (relating to trafficking in
2015 HB1947 PN3163 -page 225
individuals).
1
for damages regardless of whether the individual files a 26
Section 3012 (relating to involuntary servitude) as
2 criminal complaint regarding the childhood sexual abuse. 27
it relates to sexual servitude.
3
***
28
Section 3121 (relating to rape).
4 Section 2. Section 5551 of Title 42 is amended by adding a 29
Section 3122.1 (relating to statutory sexual
5 paragraph to read:
30
assault).
6 § 5551. No limitation applicable.
2015 HB1947 PN3163 -page 47 A prosecution for the following offenses may be commenced at
1 Section 3123 (relating to involuntary deviate sexual
8 any time:
2 intercourse).
9
***
3 Section 3124.1 (relating to sexual assault).
10
(7) An offense under any of the following provisions of 4 Section 3125 (relating to aggravated indecent
11 18 Pa.C.S. (relating to crimes and offenses) if the victim 5 assault).]
12 was under 18 years of age at the time of the offense:
6 Section 3126 (relating to indecent assault).
13
Section 3011(b) (relating to trafficking in individuals). 7 Section 3127 (relating to indecent exposure).
14
Section 3012 (relating to involuntary servitude) as it
8 [Section 4302 (relating to incest).]
15 relates to sexual servitude.
9 Section 4304 (relating to endangering welfare of
16
Section 3121 (relating to rape).
10 children).
17
Section 3122.1 (relating to statutory sexual assault).
11 Section 6301 (relating to corruption of minors).
18
Section 3123 (relating to involuntary deviate sexual
12 Section 6312(b) (relating to sexual abuse of
19 intercourse).
13 children).
20
Section 3124.1 (relating to sexual assault).
14 Section 6320 (relating to sexual exploitation of
21
Section 3124.2 (relating to institutional sexual
15 children).
22 assault).
16
***
23
Section 3125 (relating to aggravated indecent assault). 17 Section 3.1. Sections 8522(b) and 8542(b) of Title 42 are
24
Section 4302 (relating to incest).
18 amended by adding paragraphs to read:
25 Section 3. Section 5552(b.1) and (c)(3) of Title 42 are
19 § 8522. Exceptions to sovereign immunity.
26 amended to read:
20
***
27 § 5552. Other offenses.
Cont. on next page
28
***
29 (b.1) Major sexual offenses.--[A] Except as provided in
30 section 5551(7) (relating to no limitation applicable), a
1
2015 HB1947 PN3163 -page 3-
1 prosecution for any of the following offenses under Title 18
2 must be commenced within 12 years after it is committed:
3 Section 3121 (relating to rape).
9
118 SJBosco
Cont. from previous page.
HOUSE BILL No. 1947 Session of 2015 PRINTER’S NO. 3163
2015 HB1947 PN 3163 - page 4-
13
(i) the local agency acted in a grossly negligent
14 manner; and
15
(ii) the action under subparagraph (i) caused injury
16 to the claimant.
17 * * *
18Section 4. This act shall apply as follows:
19
(1) The addition of 42 Pa.C.S. § 8542(b)(9) shall apply
20 to causes of action which arise on or after the effective
21 date of this paragraph.
22 (2) The amendment or addition of 42 Pa.C.S. §§-5533(b)
29 actions or omissions of the Commonwealth which constitute
30 gross negligence. Sovereign immunity may be raised to the 23(2)(i), 5551(7) and 5552(b.1) and (c)(3) shall not be applied
2015 HB1947 PN3163 - page 524 to revive an action which has been barred by an existing
1 extent the actions or omissions of the Commonwealth
25 statute of limitations on the effective date of this section.
2 constitute negligence.
26 (3) THE AMENDMENT OF 42 PA.C.S. § 5533(B)(2)(I) SHALL BE
27 APPLIED RETROACTIVELY, INCLUDING TO REVIVE AN ACTION WHICH
3 § 8542. Exceptions to governmental immunity.
28 WAS BARRED BY A STATUTE OF LIMITATIONS PRIOR TO THE
4 ***
EFFECTIVE
5 (b) Acts which may impose liability.--The following acts by
29 DATE OF THIS SECTION.
6 a local agency or any of its employees may result in the
30 Section 5. This act shall take effect in 60 days.
7 imposition of liability on a local agency:
8 ***
End.
9 (9) Sexual abuse.--Conduct which is proscribed by the
10 provisions of Title 18 (relating to crimes and offenses)
11 enumerated in section 5551(7) (relating to no limitation
12 applicable) if the claimant establishes that:
21 (b) Acts which may impose liability.--The following acts by
22 a Commonwealth party may result in the imposition of liability
23 on the Commonwealth and the defense of sovereign immunity shall
24 not be raised to claims for damages caused by:
25 * * *
26 (10) Sexual abuse.--Conduct which constitutes an offense
27 enumerated under section 5551(7) (relating to no limitation
28 applicable) if the injuries to the plaintiff were caused by
10
118 SJBosco