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House advances bills to reopen window for childhood sexual abuse claims after heated debate over constitutional route
Summary
Lawmakers debated and approved a statutory revival measure and a proposed constitutional amendment to create a two-year filing window for survivors of childhood sexual abuse; a floor amendment meant to delay implementation until a constitutional amendment passed failed.
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The Pennsylvania House on May 14 considered related measures intended to open a limited two-year window for survivors of childhood sexual abuse to file previously time-barred civil claims. Lawmakers debated both a statutory vehicle (House Bill 462) and a joint resolution proposing a constitutional amendment (House Bill 464).
House Bill 462, described on the floor as a statutory two-year window and waiving sovereign and governmental immunity retroactively to permit actions against the commonwealth and local agencies, drew a floor amendment offered by Representative Miller intended to make the statutory revival take effect only upon voter approval of a companion constitutional amendment. Miller argued the change was necessary to avoid violating the Remedies Clause in Article I, Section 11 of the Pennsylvania Constitution.
Representative Davidson, the prime sponsor of the statutory bill, opposed the amendment and urged the House to advance a statutory remedy now so survivors could seek relief immediately. Davidson referred repeatedly to the 2018 grand jury report and said that further delay would continue to deny survivors access to courts.
The House rejected Miller’s amendment A00723 by recorded vote (ayes 91, nays 112). The clerk then recorded that House Bill 462 was agreed to on the floor (bill agreed to; specific final tally not specified in the record excerpt). The chamber also considered House Bill 464, the proposed constitutional amendment that would provide a two‑year window via amendment to the state constitution; procedural challenges and appeals to the chair under House Rule 20 (single-subject rule) were raised and sustained in multiple instances during consideration. The chair ruled a set of proposed amendments out of order under House Rule 20; appeals to that ruling were voted on and the chair’s decisions were sustained.
Speakers invoked historical Pennsylvania case law and constitutional provisions during the debate. Representative Miller cited Lewis v. Pennsylvania Railroad Company (1908), state superior court decisions and a 2008 Pennsylvania Supreme Court decision (Kanadares v. Portnoff Law Associates) to argue that retroactive statutory revival of time‑barred claims could violate the Remedies Clause. Supporters of immediate statutory relief emphasized urgency, the grand jury recommendations, and the need to open courthouse doors to survivors now.
Both measures moved through the House. The transcript records that the statutory bill (HB 462) was agreed to on the floor after the amendment failed; House Bill 464 (the constitutional amendment) was presented and advanced in process (the clerk read the joint resolution describing a two-year window). Where the transcript records votes they are reported above; where the clerk did not read a final tally for a particular step, the outcome is recorded here as “agreed to” or “not specified,” consistent with the House clerks’ spoken record.

