PRIOR PASSAGE – J.R. 2021-2
PRINTER'S NO. 4
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1
Session of
2023
INTRODUCED BY ROZZI, McCLINTON, BRADFORD, D. MILLER, T. DAVIS,
SCHLOSSBERG, KRUEGER, HARRIS AND BIZZARRO, MARCH 1, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2023
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for courts to be open and
3 suits against the Commonwealth.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That Section 11 of Article I be amended to read:
9 § 11. Courts to be open; suits against the Commonwealth.
10 (a) All courts shall be open; and every man for an injury
11 done him in his lands, goods, person or reputation shall have
12 remedy by due course of law, and right and justice administered
13 without sale, denial or delay. Suits may be brought against the
14 Commonwealth in such manner, in such courts and in such cases as
15 the Legislature may by law direct.
16 (b) An individual for whom a statutory limitations period
17 has already expired, or whose claim would otherwise be barred or
18 limited by a statutory cap on damages, sovereign immunity or by
1 governmental or official immunity, shall have a period of two
2 years, without bar or limitation by such caps or immunities,
3 from the time that this subsection becomes effective to commence
4 an action arising from childhood sexual abuse, in such cases as
5 provided by law at the time that this subsection becomes
6 effective.
7 Section 2. (a) Upon the first passage by the General
8 Assembly of this proposed constitutional amendment, the
9 Secretary of the Commonwealth shall proceed immediately to
10 comply with the advertising requirements of section 1 of Article
11 XI of the Constitution of Pennsylvania and shall transmit the
12 required advertisements to two newspapers in every county in
13 which such newspapers are published in sufficient time after
14 passage of this proposed constitutional amendment.
15 (b) Upon the second passage by the General Assembly of this
16 proposed constitutional amendment, the Secretary of the
17 Commonwealth shall proceed immediately to comply with the
18 advertising requirements of section 1 of Article XI of the
19 Constitution of Pennsylvania and shall transmit the required
20 advertisements to two newspapers in every county in which such
21 newspapers are published in sufficient time after passage of
22 this proposed constitutional amendment. The Secretary of the
23 Commonwealth shall submit this proposed constitutional amendment
24 to the qualified electors of this Commonwealth at the first
25 general or municipal election which meets the requirements of
26 and is in conformance with section 1 of Article XI of the
27 Constitution of Pennsylvania and which occurs at least three
28 months after the proposed constitutional amendment is passed by
29 the General Assembly.
20230HB0001PN0004 - 2 -