A bill pending in Harrisburg that would let more survivors of child sex abuse seek justice in the courts appears dead in its current format.
HB 1947 would permit the reviving of time-barred claims regarding child sex abuse, as long as the filer of a civil suit is 50 or younger. It also abolishes all time limits for pressing criminal charges.
Advocates say there should be no age cap to file civil suits but concede an age cap of 50 is better than the current cap of 30.
The bill passed the state House in April, but its chances in the Senate appear remote.
The Senate House Judiciary Committee held a hearing June 13 focused on alleged constitutional defects of HB 1947.
Prior to the hearing, Archbishop Charles J. Chaput sent a letter to all parishes in the archdiocese, urging Catholics to oppose the bill. According to Chaput, the provision reviving time-barred claims would produce an onslaught of litigation that could cripple the church.
Archdiocese officials also note they’ve created a $13-million fund to assist victims of child sex abuse and their families, regardless of a victim’s age.
State Rep. Mark Rozzi (D-Berks Co.), a survivor of child sex abuse, introduced the bill’s provision about reviving time-barred claims.
He said he was disappointed with the recent hearing, but praised the testimony of attorney Marci A. Hamilton, who assured committeemembers of the bill’s constitutionality and urged a favorable vote.
“Pennsylvania’s children and adult survivors deserve at least this much respect by this body for their civil rights,” she testified.
Rozzi said the hearing was too focused on the alleged constitutional defects.
“The hearing was totally one-sided,” Rozzi told PGN. “We were denied justice once again. The cards were stacked against us from the get-go, by limiting the focus of the hearing to alleged constitutional problems with the bill. I’ve always said that none of those senators on that committee is a constitutional expert. They should pass the bill out of the committee, and let it be voted on by the Senate. Gov. Wolf has stated publicly that he’ll sign the bill. And then, if there’s a legal challenge, the state Supreme Court can have the final say.
“It would mean so much to survivors to have this bill enacted,” Rozzi added. “Even if it ultimately doesn’t pass constitutional muster, give us [survivors] the chance — whether it goes for us or against us. At least we’ll have some closure and know where we stand.”
Rozzi also expressed concern that the committee’s chair, state Sen. Stewart J. Greenleaf (R-Montgomery Co.), didn’t appear to be paying attention during some of the testimony.
“He heard what he wanted to hear from opponents of the bill. Then, when Marci testified, he was talking to his staff or doing other things.”
Greenleaf couldn’t be reached for comment.
Pennsylvania Attorney General Kathleen G. Kane testified at the hearing. Her spokesperson, Jeffrey A. Johnson, issued this statement regarding Kane’s testimony:
“The Attorney General today urged the Senate Judiciary Committee to pass the proposed legislation in its entirety — if it deems the [reviving of time-barred claims] provision to be constitutional. If they do not deem that provision constitutional, she encourages the passage of the other parts of the legislation, such as the abolishment of the criminal statute of limitations, so that child sex-abuse victims will see substantial reforms become law. In the event of this latter scenario, she encourages legislators to re-examine the [reviving of time-barred claims] provision in the next session, and asks that stakeholders work together to figure out a solution to the constitutional issues.”
Kane’s solicitor general, Bruce L. Castor Jr., also expressed legal concerns about the time-barred claims provision, along with several other attorneys who testified.