Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits For Two-Year Period Amendment (2023)
From Ballotpedia | Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment | |
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| Election date November 7, 2023 | |
| Topic Civil and criminal trials | |
| Status Proposed | |
| Type Constitutional amendment | Origin State legislature |
The Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment may appear on the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2023 or 2024.
The ballot measure would amend the Pennsylvania Constitution to create a two-year period in which persons can file civil suits arising from childhood sexual abuse that would otherwise be considered outside the statute of limitations.[1]
Text of measure[edit]
Constitutional changes[edit]
- See also: Article I, Pennsylvania Constitution
The measure would add a Subsection (b) to Section 11 of Article I of the Pennsylvania Constitution. The following underlined text would be added:[1]
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(a) All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct. (b) An individual for whom a statutory limitations period has already expired shall have a period of two years 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.[2] |
Background[edit]
Procedural error[edit]
In Pennsylvania, a constitutional amendment needs to be approved at two successive legislative sessions. During the 2019-2020 legislative session, both legislative chambers approved the amendment. The Pennsylvania Constitution (Section 1 of Article XI) required Secretary of the Commonwealth Kathy Boockvar (D) to publish the constitutional amendment in at least two newspapers in each of the state's 67 counties during each of the three months before the next general election (November 3, 2020). On February 1, 2021, the Pennsylvania Department of State announced that officials did not advertise the constitutional amendment as required. The department's press released said, "While the department will take every step possible to expedite efforts to move this initiative forward, the failure to advertise the proposed constitutional amendment means the process to amend the constitution must now start from the beginning."[3]
Gov. Tom Wolf (D) announced that Secretary Boockvar would resign on February 5, 2021. Gov. Wolf stated, "The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates, and legislators, and I join the Department of State in apologizing to you. I share your anger and frustration that this happened, and I stand with you in your fight for justice."[4]
Path to the ballot[edit]
- See also: Amending the Pennsylvania Constitution
In Pennsylvania, a majority vote is required in two successive sessions of the Pennsylvania General Assembly to place a constitutional amendment on the ballot.
2021-2021 legislative session[edit]
The constitutional amendment was introduced into the Pennsylvania General Assembly as House Bill 14 (HB 14) during the 2021-2022 legislative session. On March 23, 2021, the state Senate voted 44-3 to pass HB 14. On March 24, 2021, the state House of Representatives voted 188-13 to pass HB 14.[1]
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See also[edit]
External links[edit]
Footnotes[edit]
- ↑ 1.0 1.1 1.2 Pennsylvania State Legislature, "House Bill 14," accessed April 29, 2021
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Pennsylvania Secretary of State, "Department Of State Apologizes For Its Failure To Properly Advertise Proposed Constitutional Amendment, HB 963," February 1, 2021
- ↑ The Philadelphia Inquirer, "A Pa. Dept. of State error means some sex-abuse victims will again have to wait for justice," February 1, 2021
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State of Pennsylvania Harrisburg (capital) |
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