PENNSYLVANIA
PennLive
By Ivey DeJesus | idejesus@pennlive.com
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.
Pennsylvania joined the ranks of more than three dozen states that have overhauled child sex crime laws in wake of child sex abuse scandals, but House Bill 1947 leaves a gaping void for victims.
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.
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