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
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for courts to be open and
suits against the Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That Section 11 of Article I be amended to read:
§ 11. Courts to be open; suits against the Commonwealth.
(a) All courts shall be open; and every man for an injury
done him in his lands, goods, person or reputation shall have
remedy by due course of law, and right and justice administered
without sale, denial or delay. Suits may be brought against the
Commonwealth in such manner, in such courts and in such cases as
the Legislature may by law direct.
(b) An individual for whom a statutory limitations period
has already expired, or whose claim would otherwise be barred or
limited by a statutory cap on damages, sovereign immunity or by
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governmental or official immunity, shall have a period of two
years, without bar or limitation by such caps or immunities,
from the time that this subsection becomes effective to commence
an action arising from childhood sexual abuse, in such cases as
provided by law at the time that this subsection becomes
effective.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
general or municipal election which meets the requirements of
and is in conformance with section 1 of Article XI of the
Constitution of Pennsylvania and which occurs at least three
months after the proposed constitutional amendment is passed by
the General Assembly.
20230HB0001PN0004 - 2 -
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