The January 9th special session in Harrisburg that was called for with the intent to help victims of childhood sexual abuse has failed, with no action taken and no pathway in sight. The session, called for by House Speaker Mark Rozzi and then-Governor Tom Wolf was to vote on a constitutional amendment that would provide victims of childhood sexual abuse a chance to sue their abusers regardless of the statute of limitations. However, it devolved into wrangling over partisan issues instead of taking measures to help survivors of childhood sexual assault.
The push to pass House Bill 14 was spearheaded by State Republican Representative Jim Gregory, who is a sex abuse survivor. His previous bill passed and should be law, but it was bungled and kept off of the ballot due to an error by the PA Department of State.
During the session, the PA Senate bundled Gregory’s bill, which would have paved the way for a constitutional amendment to expand the statute of limitations for survivors of childhood sexual abuse to file a civil lawsuit, with two other amendments and passed the bundle as Senate Bill 1. Unfortunately for abuse victims, those amendments were highly debatable items such as a voter ID requirement and ending the governor’s ability to veto the General Assembly’s disapproval of a regulation.
When on January 6, 2023 Governor Tom Wolf issued a proclamation calling for a special session of the General Assembly to be held on Monday, January 9, 2023 to propose a constitutional amendment to retroactively extend the timeline for victims of childhood sexual abuse to file civil actions, the aim was for the General Assembly to pass the joint resolution no later than Friday, January 27, 2023. This timeframe would have ensured the PA Department of State could meet the publication requirements so that voters would have the opportunity to consider the amendment in May 2023. Earlier, in August 2022, Gov. Wolf and legislative leaders agreed that the constitutional amendment process would be the best path forward.
The proposed language in HB 14 is underlined in section (b) below:
(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.