Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment (2021)
| Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic Civil and criminal trials | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment was not on the ballot in Pennsylvania as a legislatively referred constitutional amendment in 2021 or 2022.
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]
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."[2]
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."[3]
Emergency resolution
The Pennsylvania Constitution provides an exception from the rule that a constitutional amendment be approved during two successive legislative sessions. The exception is that a constitutional amendment can be approved during a single legislative session if a "major emergency threatens or is about to threaten the Commonwealth."
On March 11, 2021, a new resolution for the constitutional amendment was introduced. The resolution also stated that, "The General Assembly hereby determines that the deprivation of the rights granted to the People of this Commonwealth to vote on an amendment to Pennsylvania's chartering document by an unelected bureaucrat constitutes a major emergency that threatens or is about to threaten this Commonwealth and the safety or welfare of this Commonwealth and therefore requires prompt amendment of the Constitution of Pennsylvania by this constitutional amendment."[4]
Text of measure
Constitutional changes
- See also: Article I, Pennsylvania Constitution
The measure would have added a Subsection (b) to Section 11 of Article I of the Pennsylvania Constitution. The following underlined text would have been 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.[5]
Sponsors
State Reps. James Gregory (R-80), Mark Rozzi (D-126), and Liz Hanbidge (D-61) sponsored the constitutional amendmnet during the 2019 legislative session.[6]
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.
2019-2020 legislative session
The constitutional amendment was introduced into the Pennsylvania General Assembly as House Bill 963 (HB 963) during the 2019-2020 legislative session. On April 10, 2019, the state House of Representatives voted 177-15 to pass HB 963. On November 20, 2019, the state Senate voted 42-6 to pass HB 963.[6]
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Failure to advertise before 2020 general election
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."[7]
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."[8]
State Rep. Jim Gregory (R-80), one of the amendment’s legislative cosponsors in 2019, responded, “The gravity of this ‘error’ is of the magnitude that the secretary’s resignation will not be enough for the victims. I do not want to believe that this is willful misconduct on the part of someone, but I will need to be shown that is not the case.”[9]
2021-2022 legislative session
The Pennsylvania Constitution provides an exception from the rule that a constitutional amendment be approved during two successive legislative sessions. The exception is that a constitutional amendment can be approved during a single legislative session if a "major emergency threatens or is about to threaten the Commonwealth."
On March 11, 2021, a new resolution for the constitutional amendment was introduced. The resolution also stated that, "The General Assembly hereby determines that the deprivation of the rights granted to the People of this Commonwealth to vote on an amendment to Pennsylvania's chartering document by an unelected bureaucrat constitutes a major emergency that threatens or is about to threaten this Commonwealth and the safety or welfare of this Commonwealth and therefore requires prompt amendment of the Constitution of Pennsylvania by this constitutional amendment."[10]
See also
External links
Footnotes
- ↑ 1.0 1.1 Pennsylvania State Legislature, "House Bill 963," accessed November 21, 2019
- ↑ 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
- ↑ Pennsylvania General Assembly, "House Bill 881," accessed March 21, 2021
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 6.0 6.1 Pennsylvania State Legislature, "HB 963 Overview," accessed November 21, 2019
- ↑ 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
- ↑ Rep. Jim Gregory, "Gregory, Rozzi Outraged Over Latest Setback for Sexual Abuse Victims," February 1, 2021
- ↑ Pennsylvania General Assembly, "House Bill 881," accessed March 21, 2021
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