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.
Summary
SB251 is a proposed constitutional amendment to Pennsylvania’s “courts to be open; suits against the Commonwealth” provision. The bill would add a new subsection creating a two-year window for certain childhood sexual abuse claims that are otherwise time-barred or limited by a statute of limitations, damages cap, sovereign immunity, or governmental/official immunity. During that window, eligible individuals could bring an action without being blocked by those legal barriers, so long as the claim is one that was available under the law at the time the new subsection takes effect.
Because this is a joint resolution proposing a constitutional amendment, it does not itself change ordinary statute law immediately. Instead, it sets out the process for adoption: the amendment must pass the General Assembly twice, with public advertising after each passage, and then be submitted to Pennsylvania voters at the first qualifying general election. If approved, it would alter the state constitution and affect how courts handle certain childhood sexual abuse claims, especially those previously barred by immunity doctrines or filing deadlines.
Impact
If adopted, SB251 would amend Article I, Section 11 of the Pennsylvania Constitution to create a temporary two-year revival period for certain childhood sexual abuse claims and to override otherwise applicable statutory caps and immunity defenses for those claims. The practical effect would be to expand access to the courts for survivors whose claims were previously barred, while limiting the change to claims arising from childhood sexual abuse and only for the period specified in the amendment. As a constitutional amendment, it would supersede conflicting statutory limitations and immunity rules to the extent described in the new subsection.
Sentiment
The bill’s apparent purpose suggests a sympathetic posture toward survivors of childhood sexual abuse and a desire to provide a limited opportunity to seek legal redress. The available record contains no committee transcript or vote history, so there is no documented floor or committee debate to indicate broader support or opposition. Based on the text alone, the measure appears framed as a remedial access-to-justice proposal rather than a general tort reform bill.
Contention
The main points of contention likely involve the retroactive reopening of claims, the temporary suspension of statutes of limitations, and the override of sovereign, governmental, and official immunity as well as damages caps. Supporters would likely emphasize fairness and access to remedies for survivors whose claims were previously barred, while opponents may argue that reviving old claims creates legal uncertainty, increases exposure for the Commonwealth and other defendants, and undermines finality in litigation. Because no discussion transcript or vote record is provided, specific named positions or legislators cannot be identified from the available materials.
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.