A new session meant new bill numbers, new sponsors, and the same old and tragic argument.
“We saw these victims,” said Rep. Nathan Davidson (D-Cumberland/Dauphin). “They are marked for life. Many of them wind up addicted or impaired or dead before their time.”
Rep. Davidson’s Bill 462 would open a two-year window for child sex abuse survivors to sue their alleged perpetrators. Bill 464, a constitutional amendment, has a longer process, but is suit-proof should Bill 462 be ruled unconstitutional.
These bills have passed both chambers in the past, but have been derailed by clerical errors and political gamesmanship.
“We keep doing this thing over, and over, and over again, and it’s still not done,” said Rep. Davidson. “It starts to reflect poorly on our ability, or at least the public perception that we can do things.”
The legislation also waives sovereign and governmental immunity, meaning schools, counties, and the state could also be sued. Maryland recently passed a bill capping verdicts after so many victims came forward. Budgets were in jeopardy, and taxpayers were on the hook.
“As someone who is right across the border from the state of Maryland, I’ve seen the issues that they’ve run into, and I will not be supporting this,” said State Rep. Rob Kauffman (R-Franklin).
But fellow Republican Rep. Tim Bonner (Mercer/Butler), a lawyer, said victims still have to prove systemic wrongdoing.
“Our churches, schools, and employers only have liability if they know or should have known about these attacks,” said Rep. Bonner. “The mere fact that they had these individuals in their employment does not place liability upon them. Somehow, they had to be involved. These acts, then, are vile.”
The bills passed a House committee, but Senate Republican Leader Joe Pittman reiterated his chamber won’t move the stand-alone bill and only move the constitutional amendment if it includes voter ID—political maneuvering that Davidson says loses sight of the victims.
“These people have lived with invisible scars for their entire lives,” said Davidson. “They’ve been gaslit. They’ve been manipulated, they’ve been shamed, and some of them just want the ability to say this happened.”
There are those in that building who insist that a statutory bill opening that window would be unconstitutional, but Governor Josh Shapiro (D) wants Attorney General Dave Sunday (R) to insist it would be constitutional, and he would sign it.
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