Child sex abuse lawsuit ‘window’ amendment clears Pa. House

By CHRISTINE HAINES
chaines@yourmvi.com

Pennsylvania lawmakers on Wednesday finished a new first round of approvals for a constitutional amendment giving victims of child sexual abuse the power to file what would otherwise be outdated claims, but it will be 2023 at the earliest before it takes effect.
The House voted 188 to 13 to approve the proposed constitutional amendment, which must pass both chambers in two consecutive two-year legislative sessions before going before voters as a referendum.
Rep. Austin Davis, D-McKeesport, urged his colleagues to address the issue before adjourning Wednesday.
“We need to deliver for survivors in this body and not adjourn at 2:30 in the afternoon,” Davis said. “We’re going to deliver for survivors. We’re going to deliver justice to them.”
Most members of the local delegation voted in favor of the measure, though Eric Davanzo, R-South Huntingdon, cast one of the 13 votes against the proposed constitutional amendment.
Davanzo said as written, the amendment has the potential of holding the wrong people accountable and putting the penalty on the taxpayers instead of the wrong-doers.
“What I didn’t like about it was for something that happened 20 years ago, we could sue a school district for millions of dollars. If we could hold the individual accountable for it, that would be another matter, but this penalizes the institution and puts it onto the taxpayers,” Davanzo said.
Davanzo said a previous bill only dealt with the potential liability of churches, but the current legislation opened it up to public school districts as well.
“You do feel bad for the victims and you should hold people accountable, but if you hold the wrong people accountable, is that really justice?” Davanzo said.
Rep. Bud Cook, R-West Pike Run Township, said justice is at the heart of the matter.
“Everybody should have their day in court. This has gone on for too long,” Cook said. “I don’t know how you couldn’t vote for this. It’s about the victims.”
Rep. Nick Pisciottano, D-West Mifflin, said after hearing the stories of two members of the house who were victims of child sexual abuse, voting against it never crossed his mind.
“The idea behind the legislation is to provide an outlet for victims of child sexual abuse,” Pisciotanno said. “When the abuse occurs, they don’t have the wherewithal to speak up and to seek justice.”
Pisciotanno said the legislation does not unfairly target public schools.
“The schools would only be held liable if they are guilty of covering up the abuse,” Pisciotanno said.
Also among those voting in support of the bill were local lawmakers Davis and Mike Puskaric, R-Union Township.

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