Two days after scores of victims of child sex crimes rallied on the steps of the state Capitol demanding that lawmakers pave the way for them to get justice, the Senate Judiciary Committee delivered on their demands.
By a vote of 11-3, the Judiciary Committee on Wednesday advanced a measure that would establish a two-year retroactive window for time-barred victims to file civil lawsuits against predators or the institutions that ignored their abuse. The measure would allow victims to go to court even if they are years or decades beyond the statutes of limitations.
The measure, which passed the House last week by a solid majority of 149-52, now goes to the full Senate for consideration. Senate President Pro Tempore Sen. Jake Corman, R-Centre, said he supports the legislation. With Senate approval, the bill would go to Gov. Tom Wolf.
The Senate has previously taken up bills that would allow victims of child sex abuse whose legal recourse has long expired to bring their predators to justice. In the past, the chamber has blocked the measures.
This time, the legislation (House Bill 951) has the support of the majority of the judiciary committee, particularly its leadership.
“I intend to look victims in the eye and look at myself in the mirror of my own conscience,” Judiciary Committee Chairwoman Sen. Lisa Baker, noting that she had in recent years changed her views about the proposal.
Baker previously advocated for a ballot referendum to change the law, not statutory change.
Baker said the “time for speeches long pass”, and urged the members of the panel to support the measure, saying the “brave men and women” who had endured years of trauma deserved justice.
“Abuse victims have been denied fair remedy for far too long that we are obligated to explore every avenue to deliver a just result,” she said.
Baker amended the bill to reinforce the idea that, if approved, the measure would waive the sovereign immunity against lawsuits granted to public institutions such as public schools. Both private entities, such as churches and youth organizations, would be as liable under the law as public institutions.
“It is no longer a justice system if victims are denied rights and remedies because of budgetary concerns,” Baker said.
Baker acknowledged the presence in the meeting of survivors and the bill’s two main sponsors, Rep. Jim Gregory, R-Blair, and Rep. Mark Rozzi, D-Berks. Both lawmakers are also victims of child sexual abuse.
The idea of passing a law that would lift expired statute of limitations for some victims has long drawn deep debate in the General Assembly and effectively killed the previous proposals.
State lawmakers and advocates are taking a two-track approach at reforming child sex abuse law. They are pushing to create a window for victims through regular legislation approved by the General Assembly. The governor has said he would sign such a bill.
Last month, lawmakers also took the first step in the lengthy process to amend the state Constitution to create a temporary period for victims to seek court action. Lawmakers must also pass the proposed amendment in the next legislative session before it would go to voters for final approval, meaning it wouldn’t take effect until 2023 at the earliest. While this process take longer, some proponents have said this approach would better position the reforms to withstand legal challenges.
Corman noted that while the proposal still draws those same questions about constitutionality, he backed the dual path, advocating that legal challenges will play out in court regardless of the path taken, and ultimately be settled.
“I’m prepared to have lawyers have their day and and most importantly the victims to have their day,” Corman said.
He urged the Senate to do right by victims.
“Enough is enough,” Corman said. “These poor individuals that have suffered these most heinous crimes ...as a father, I cannot imagine. I don’t even imagine.”
The legislation would fulfill the recommendations handed by the 40th Statewide Grand Jury in 2018, which uncovered systemic and widespread sexual abuse of children at the hands of more than 300 Catholic priests.
Wolf last year signed into law a bill championed by Rozzi that eliminated the statute of limitations going forward. Under the new law, sovereign immunity was eliminated going forward.
University of Pennsylvania law professor Marci Hamilton, founder and CEO of CHILD USA, said victims and survivors were “breathing a sigh of relief.”
She urged the Legislature to act immediately to send the bill to the governor’s desk.
“Survivors have waited decades for justice, and many died waiting for this legislation,” Hamilton said. “We cannot wait any longer and this bill must be fast tracked for passage now.”
The bill’s main advocates - Rozzi and Gregory - as well as Attorney General Josh Shapiro, who spearheaded the grand jury investigation, have expressed confidence that the measure has enough support in the Senate to advance it to the governor’s desk within days.
The bill as amended also gives the Pennsylvania Supreme Court “extraordinary” jurisdiction to hear challenges on the law or render declaratory judgement regarding its constitutionality.
The commonwealth earlier this year was on track to put a ballot question to voters in May, but a blunder by the Department of State kicked the effort back to square one. Earlier this year, the Wolf administration announced it had failed to advertise the constitutional amendment as required.
The Legislature had to restart the lengthy process of amending the state Constitution. The misstep also led then-Secretary of State Kathy Boockvar to resign from her post.
Shapiro commended the lawmakers for passage of the bill out of committee and urged Senate lawmakers to approve it. Shapiro noted that 20 states have passed similar reforms, and 14 others have began their own investigations into clergy abuse.
“Today’s vote brings these brave survivors the closest they have been to having their day in court,” Shapiro said. “Now it’s time to deliver justice and closure for those who spoke up, relived their trauma, and bolstered the system for future victims.”
This report has been updated.