HARRISBURG – A state constitutional amendment which would retroactively extend the timeline for victims to file civil actions against their abusers, stalled in a procedural snafu that cost the former Secretary of the Commonwealth her job, may see new life and its place on the May primary election ballot restored, as an emergency amendment.
The proposed amendment, House Bill 14, would provide “an individual for whom a statutory limitations period has already expired, [to] have a period of two years 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 [the legislation] becomes effective.”
The bill is similar to legislation passed in other states extending civil statutes of limitation for victims of child sexual abuse, against such institutions as the Catholic Church.
Had the measure been properly advertised, passed by the General Assembly and then approved by Pennsylvania voters in the primary election this May, victims of abuse would have been able to begin filing litigation almost immediately.
But it was learned at the end of January that the measure had not been properly advertised by the Pennsylvania Department of State as required by law, thus potentially setting the process of amending the state constitution back by two years.
Abuse victims statewide, who saw the relief measure as a long-awaited opportunity at justice, were devastated.
Former Secretary of the Commonwealth Kathy Boockvar resigned her post earlier this month over the debacle, which the administration of Gov. Tom Wolf referred to as a “human error.” Wolf also called for an investigation into the incident.
“I have asked the Pennsylvania Office of State Inspector General to review the situation and make additional recommendations to improve the department’s process for handling constitutional amendments,” Wolf said in a statement.
“The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates and legislators, and I join the Department of State in apologizing to you. I share your anger and frustration that this happened, and I stand with you in your fight for justice. The progress that you have made through your bravery and activism is remarkable, and I urge all of the advocates, including Sen. Lisa Baker, Rep. Jim Gregory, Rep. Mark Rozzi, Attorney General Josh Shapiro and all others, to keep up this fight. Your voices still must be heard.”
The Pennsylvania Record has filed a Right-to-Know Law request for exact information as to how the Department of State’s error transpired, which remains pending at this time.
However, HB14 could still return to the ballot for the May primary election – if state lawmakers were to invoke Article XI of the Pennsylvania Constitution, which would grant authority to consider the measure an emergency constitutional amendment. Approving such a move would require a single two-thirds majority vote in both chambers, for it to then come before voters.
Rep. Gregory, a primary sponsor of HB14, said that he was “feeling hopeful” about such a prospect.
“I believe we are on track for action in the [state] Senate very soon. They continue to deliberate the emergency constitutional amendment,” Gregory stated.
Gregory’s congressional office in Hollidaysburg was recently closed to visitors for the foreseeable future, after the same individual allegedly vandalized it on two separate occasions.
The first incident occurred on Jan. 22, when a local man threw a crucifix through the front window, shattering the glass while staff members were present. The second took place on Feb. 17, though specific details on that incident were not immediately available.
30 year-old Joseph Fox, Jr., was charged with reckless endangerment, vandalism, harassment and criminal mischief for allegedly vandalizing Gregory’s office, which has also faced additional and ongoing threats.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com