Child Sex Crime Bill Would Violate Pa. Constitution, State Official Says

By Ivey DeJesus
The PennLive
June 13, 2016

http://www.pennlive.com/news/2016/06/house_bill_1947_bruce_castor_c.html

Bruce Castor: 'House Bill 1947, if enacted into law in its current form and without amendment will, in our opinion, violate the Remedies Clause of the Pennsylvania Constitution.' (Ivey DeJesus/PennLive)

The state's second highest ranking law official on Monday told members of the state Senate that a proposed bill that would reform the state's statute of limitations was unconstitutional.

Solicitor General Bruce Castor, in testimony before the Senate Judiciary Committee, said House Bill 1947 would violate the remedies clause in the Pennsylvania Constitution.

"House Bill 1947, if enacted into law in its current form and without amendment will, in our opinion, violate the Remedies Clause of the Pennsylvania Constitution," Castor said. "Potential defendants, who have had the statute of limitations pass without their being subjected to suit, will rightly claim a vested right in the applicable statute of limitations. Such operates as a total block to liability which the General Assembly, despite surely the very best of intentions, cannot retroactively cure. Without doubt, House Bill 1947 represents a laudable attempt to provide a remedy for a well identified social problem. However righteous the policy goals behind HB 1947, the General Assembly in its zeal, cannot overrule a state constitutional right."

In replying to questions from members of the panel, Castor noted that he thought that the state's remedies clause was, in his opinion, "no longer needed." He said the U.S. Constitution provided adequate protection.

In March the Attorney General's Office released the report of a grand jury investigation into sexual abuse of children by priests in the Altoona-Johnstown Diocese. That grand jury recommended lifting the statute of limitations for sexual offenses against minors and urged the Legislature to suspend the civil statute of limitations on sexual abuse claims.

In announcing the findings of the grand jury, Attorney General Kathleen Kane called on lawmakers to reform statute of limitations laws for child sexual abuse.

Marci Hamilton, a constitutional law expert and advocate for reform, was scheduled to testify, among others.

The hearing is ongoing. PennLive will continue to update its report on the hearing.

Contact: idejesus@pennlive.com