Pennsylvania Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment (2024)
| Pennsylvania Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment | |
|---|---|
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| Election date November 5, 2024 | |
| Topic Civil and criminal trials | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Pennsylvania Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment was not the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2024.
The ballot measure would have amended 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
Constitutional changes
- 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]
(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
Procedural error
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
- 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.
2021-2022 legislative session
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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2023-2024 legislative session
In Pennsylvania, constitutional amendments require legislative approval during two successive legislative sessions before they're referred to the ballot for voters to decide. Legislators would have needed to approve the resolution again during the 2023-2024 session.
Senate Bill 1
Three of the amendments that were passed in the 2021-2022 session within SB 106—the Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment , the Allow for Concurrent Resolutions to Disapprove of Regulations Amendment, and the Voter ID Requirement Amendment. These three amendments were packaged together as Senate Bill 1 (SB 1).
On January 11, 2023, SB 1 passed the Pennsylvania State Senate by 28-20. The amendment was then amended to provide for the singular amendment relating to retroactive lawsuits for childhood sexual abuse. The amendment passed the House by 145-56 on May 22, 2023.[5]
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House Bill 1
On February 21, 2023, the Pennsylvania House of Representatives introduced House Bill 1, a standalone constitutional amendment. The amendment passed the House on February 24, 2023.[6]
