Lawmakers Consider Raising Age Limits in Child Sex Abuse Lawsuits

By Kody Leibowitz
WJAC
June 13, 2016

http://wjactv.com/news/local/senators-consider-raising-age-limits-in-child-sex-abuse-lawsuits

It was state Rep. Mark Rozzi (left) who added the amendment to House Bill 1947 allowing retroactivity for civil suits. At right is Rep. Frank Burns. (WJAC File Photo).

HARRISBURG, Pa. - Is retroactivity for civil lawsuits constitutional?

It's a question state senators answered over the battle of the statute of limitations in child sex abuse cases.

The house previously passed a bill in April making civil suits retroactive. The bill came out after the grand jury investigation for the Diocese of Altoona-Johnstown.

The hearing lasted three hours Monday morning inside a packed Senate committee room.

And the entire hearing was trying to answer one question: will passing a bill that allows civil lawsuits to be retroactive hold up legally?

But another question came after the meeting. Did victim's voices get a fair voice?

"I have to ask myself here today are we looking at collusion at a state level setting up failure for the victims of this commonwealth?," state Rep. Mark Rozzi said.

It was Rozzi who added the amendment to House Bill 1947 allowing retroactivity for civil suits.

It passed 180-15 in April.

Monday, five speakers said that retroactivity would be unconstitutional, citing case law from a 1908 State Supreme Court case.

Those speakers included Bruce Castor, the solicitor general for the Attorney General's Office. He called the bill right unconstitutional but said the state could remove the remedies clause - a clause that protects those who are injured - in order to pass the bill as is.

Also, speakers representing the Catholic Conference and insurance companies spoke against the bill.

After the hearing supporters of the bill, victims of sex abuse rallied outside the state Capitol.

Marci Hamilton, a professor at the University of Pennsylvania and expert on constitutionality, was the lone speaker for the bill.

She said the bill would hold up in the courts.

Hamilton said that the state is stuck in mediocrity in terms of laws for victims.

"State's have eliminated the criminal statute of limitations and half the states have lengthened or created retroactive civil statute of limitations so yeah, right now Pennsylvania is solidly mediocre for victims of sex abuse," Hamilton said.

At a rally after the judiciary hearing, an attorney called Sen. Stewart Greenleaf's role of sitting on the committee a "conflict of interest." Greenleaf's camp responded, saying the ethics commission ruled he did not.