HB 14 — A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth.

2019-2 NONE PRIOR PRINTER'S NO.NOS.

99, 936 PRINTER'S NO.

9361017 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2021 No.

INTRODUCED BY GREGORY, ROZZI, MILLARD, SANCHEZ, SCHLOSSBERG AND SCHMITT, JANUARY 11, 2021 SENATOR BAKER,K. JUDICIARY, IN SENATE, AS AMENDED, MARCH 16, 2021 A JOINT RESOLUTION Proposing an EMERGENCY amendment to the Constitution of the <-- Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth.

WARD, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE- REPORTED AS AMENDED, MARCH 23, 2021 A JOINT RESOLUTION Proposing an EMERGENCY amendment to the Constitution of the <-- Commonwealth of Pennsylvania, further providing for courts to be open and suits against the Commonwealth.

(I) A CONSTITUTIONAL AMENDMENT CREATING A TWO-YEAR 20210HB0014PN093620210HB0014PN1017 - 2 - WINDOW FOR VICTIMS TO BRING CIVIL ACTIONS AGAINST THEIR ABUSERS UNENCUMBERED BY THE STATUTE OF LIMITATIONS, THE DOCTRINE OF SOVEREIGN IMMUNITY OR THE CAP ON DAMAGES PLACED ON LITIGATION AGAINST PUBLIC ENTITIES, WAS INITIALLY PASSED BY JOINT RESOLUTION 2 OF 2019 (P.L.835, J.R.2).

(2) THE GENERAL ASSEMBLY HEREBY DETERMINES THAT THE DEPRIVATION OF THE RIGHTS GRANTED TO THE PEOPLE OF THIS 20210HB0014PN093620210HB0014PN1017 - 3 - COMMONWEALTH TO VOTE ON AN AMENDMENT TO PENNSYLVANIA'S CHARTERING DOCUMENT BY AN UNELECTED BUREAUCRAT CONSTITUTES A MAJOR EMERGENCY THAT THREATENS OR IS ABOUT TO THREATEN THIS COMMONWEALTH AND THE SAFETY OR WELFARE OF THIS COMMONWEALTH AND THEREFORE REQUIRES PROMPT AMENDMENT OF THE CONSTITUTION OF PENNSYLVANIA BY THIS CONSTITUTIONAL AMENDMENT.

UPON PASSAGE BY THE GENERAL ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1(A) OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED 20210HB0014PN093620210HB0014PN1017 - 4 - ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.

20210HB0014PN0936SECTION -1. 5 -

THE FOLLOWING AMENDMENT TO THE CONSTITUTION OF <-- PENNSYLVANIA IS PROPOSED IN ACCORDANCE WITH ARTICLE XI:

THAT SECTION 11 OF ARTICLE I BE AMENDED TO READ:

§ 11.

COURTS TO BE OPEN;

SUITS AGAINST THE COMMONWEALTH.

(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, OR WHOSE CLAIM WOULD OTHERWISE BE BARRED OR LIMITED BY A STATUTORY CAP ON DAMAGES, SOVEREIGN IMMUNITY OR BY GOVERNMENTAL OR OFFICIAL IMMUNITY, SHALL HAVE A PERIOD OF TWO YEARS, WITHOUT BAR OR LIMITATION BY SUCH CAPS OR IMMUNITIES, 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.

SECTION 2.

(A) UPON THE FIRST PASSAGE BY THE GENERAL ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO 20210HB0014PN1017 - 5 - COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.

(B) UPON THE SECOND PASSAGE BY THE GENERAL ASSEMBLY OF THIS PROPOSED CONSTITUTIONAL AMENDMENT, THE SECRETARY OF THE COMMONWEALTH SHALL PROCEED IMMEDIATELY TO COMPLY WITH THE ADVERTISING REQUIREMENTS OF SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND SHALL TRANSMIT THE REQUIRED ADVERTISEMENTS TO TWO NEWSPAPERS IN EVERY COUNTY IN WHICH SUCH NEWSPAPERS ARE PUBLISHED IN SUFFICIENT TIME AFTER PASSAGE OF THIS PROPOSED CONSTITUTIONAL AMENDMENT.

THE SECRETARY OF THE COMMONWEALTH SHALL SUBMIT THIS PROPOSED CONSTITUTIONAL AMENDMENT TO THE QUALIFIED ELECTORS OF THIS COMMONWEALTH AT THE FIRST PRIMARY, GENERAL OR MUNICIPAL ELECTION WHICH MEETS THE REQUIREMENTS OF AND IS IN CONFORMANCE WITH SECTION 1 OF ARTICLE XI OF THE CONSTITUTION OF PENNSYLVANIA AND WHICH OCCURS AT LEAST THREE MONTHS AFTER THE PROPOSED CONSTITUTIONAL AMENDMENT IS PASSED BY THE GENERAL ASSEMBLY.

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