Angry over botched constitutional amendment, Pa. lawmakers call for action to aid child sexual abuse victims

For some, it was a kick in the gut.

Some lawmakers and advocates have fought for nearly a decade to reform the state’s child sex crime laws. Now, members of the General Assembly, who were within days of approval for a long-anticipated constitutional amendment to open the doors to justice for victims, are outraged to learn a procedural mistake at the highest level has dealt a body blow to their efforts.

“I’m devastated. I’m just stunned,” said Rep. Mark Rozzi, D-Berks County.

Lawmakers learned Monday that due to a procedural mistake, a proposed amendment to the state constitution to aid victims of child sex abuse will be delayed by two years. The Department of State failed to advertise the proposed amendment that would provide a two-year window for litigation by survivors of child sexual abuse who are beyond the statute of limitations.

Secretary of State Kathy Boockvar will resign Feb. 5, Gov. Tom Wolf announced Monday; Spotlight PA first reported the news. Lawmakers had hoped voters could approve the amendment this spring. Because of the error, the earliest the amendment can appear on a ballot would be 2023.

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Rep. Jim Gregory, R-Blair, the author of the constitutional amendment, expressed complete dismay.

“We have lost two years of work expended by Sen. Lisa Baker, Rep. Rozzi, myself and, most importantly, dedicated Pennsylvanians who survived assault and want to recapture their voice in the courts,” Gregory said. “I am finding it difficult to express the anger and outrage on behalf of the victims that once again are left empty handed. This takes us back to the starting point and means the earliest voters can choose to grant these protections will be the 2023 primary election.”

Gregory’s proposal last week garnered majority support in the state House of Representatives and was slated for a Senate vote this week.

The constitutional amendment would have, if approved by voters, opened a two-year retroactive window for survivors of child sexual abuse who are timed out of the legal system.

Under state law, changes to the state constitution require that a proposal be approved by the legislature in two consecutive sessions. At that point, the proposed change appears on the ballot for voters to decide.

The measure was slated for approval by the Senate, meaning it could have been on the May 18 primary ballot.

“We will try to process this gut punch to our efforts and continue to fight,” said Gregory, a survivor of child sex abuse. “The gravity of this ‘error’ is of the magnitude that the secretary’s resignation will not be enough for the victims. I do not want to believe that this is willful misconduct on the part of someone, but I will need to be shown that is not the case.”

But Gregory, Rozzi and others swiftly shifted the focus from the constitutional amendment to the legislative process.

Rozzi, a survivor of clergy sex abuse, is calling on the General Assembly to pass statutory changes to the law, forgoing another protracted requirement process for a constitutional amendment. Rozzi and other lawmakers want to simply pass legislation to create a two-year window, which would be much faster than amending the constitution.

“There is a resolution on the table that could make this right for them to pass a statutory change that changes law instead of a constitutional amendment,” Rozzi said. “We would need the support of the Senate President Pro Tempore Jake Corman. He has to step in at this point and understand how devastating this is to victims. He has a chance to make this right.”

Corman, R-Centre, on Monday said the Senate would return Tuesday to review and assess options.

“We are going to be in session tomorrow and we’ll get a chance to review all options legislatively moving forward,” he said. “I would hate to jump within an hour of finding out what exactly we are going to do. Clearly this is a real blow for victims.”

The question of the constitutionality of a retroactive window on statute of limitations had long impeded progress and any ratification of measures calling for such reform. A ballot referendum to amend the constitution was widely seen as a compromise to move broader reforms forward.

“Many of us at the time argued that a constitutional process was a better process,” Corman said. “We were prepared to vote on it this week. We’ll assess our options and make decisions from there.”

Boockvar swiftly came under fire.

Corman excoriated her for her “incompetency,” noting that Republicans had questioned her qualifications and readiness for the position, which she took in 2019.

“It’s an astonishing sequence of events,” Corman said. “At the moment I am stunned at the incompetence of Secretary Boockvar...This is icing on the cake. She is someone who, for whatever reason, wasn’t prepared for her job.”

Wolf announced Monday that Boockvar would no longer be a member of his administration following three years with the department, including two years as secretary of the commonwealth.

Boockvar has received heavy criticism from Republican lawmakers over her management of the state’s 2020 elections. Wolf stressed her departure isn’t tied to any issues relating to her oversight of the elections.

“This change at the Department of State has nothing to do with the administration of the 2020 election, which was fair and accurate,” Wolf said. “The delay caused by this human error will be heartbreaking for thousands of survivors of childhood sexual assault, advocates and legislators, and I join the Department of State in apologizing to you. I share your anger and frustration that this happened, and I stand with you in your fight for justice.”

Boockvar took responsibility for the department’s error, noting her leadership over the past three years to provide a fair election.

“I’m extremely proud of what we’ve accomplished for the people of Pennsylvania,” she said in a written statement. “I’ve always believed that accountability and leadership must be a cornerstone of public service. While I only became aware of the mistake last week, and immediately took steps to alert the administration to the error, I accept responsibility on behalf of the department.”

House Republican leaders assailed Boockvar while acknowledging the impact of the mistake on victims.

In a written statement, Speaker of the House Bryan Cutler (R-Lancaster) and Majority Leader Kerry Benninghoff (R-Centre/Mifflin) said: “While we appreciate the governor’s swift action in seeking Secretary Boockvar’s resignation, it will not undo further delay of justice for victims of child sexual abuse and the harm the administration has caused to people’s faith in their ability to carry out the basic processes of our government.”

Cutler and Benninghoff called it a “sad day for victims.”

“For the last 12 months, our caucus has raised serious concerns about this administration’s ability to competently manage the basic functions of state government,” they said. “Today, our worst fears were realized by the revelation that incompetency in the Department of State may stand in the way of victims being able to seek justice.”

Meanwhile, Senate Democrats said they will introduce legislation to statutorily create a two-year retroactive window that would temporarily suspend expired statute of limitations.

“This is a disappointing setback in the process to create the window to justice,” said Senate Democratic Leader Jay Costa. “If we continue with the constitutional amendment process, it will be at least another two years until the window would be created and that’s simply too long. A legislative solution can create the window immediately, and I’m encouraging bipartisan and bicameral support for the bill that members of our caucus is going to introduce. Survivors need justice now.”

Democratic senators vowed to introduce the bill immediately.

“To say I am disappointed by this setback is an understatement,” said Sen. Maria Collett, D-Montgomery County. “I am devastated on behalf of the victims of childhood sex abuse in my district and across the Commonwealth who have shared with us their heartbreaking stories and entrusted us to bring them long-overdue justice and path to healing. The last thing these victims need is another delay, another slight that makes them feel like no one cares about their pain.”

Sen. Katie Muth, D-Montgomery County, said legislative action was long overdue, adding that an additional two-year delay was unacceptable.”

“The General Assembly needs to pass a statutory window as soon as possible and finally allow justice and healing for these victims,” she said.

Sen. Steve Santarsiero, D-Bucks County, said the time for debating had long passed.

“There is no need to amend our state constitution,” he said. “The General Assembly has the authority to pass the two-year window to give the victims of child sex abuse what they have long sought and what they so dearly deserve - justice.”

Attorney General Josh Shapiro, whose office led the 40th Statewide Grand Jury, called the blunder “shameful” and said all remedies must be on the table. The 2018 investigation, which uncovered systemic clergy sex abuse in Pennsylvania, made sweeping recommendations to reforming the statute of limitations, including installing a retroactive window to benefit victims for whom statutes had expired.

“Too many institutions have failed survivors of sexual abuse for far too long, and I am determined for that disgraceful streak to end and to make sure justice is no longer denied,” he said. “My office has made clear that the amendment process was an unnecessary hurdle from the beginning. I urge the General Assembly and governor to do what many states have already done and let Pennsylvania survivors have their day in court as soon as possible by passing this final reform into law.”

Marci Hamilton, a University of Pennsylvania law professor and statute of limitations expert, echoed the calls for statutory change.

“The constitutional amendment and referendum have all sorts of procedural requirements that make them difficult,” she said. “It’s time to pass a window as a statute. The constitutional amendment was never needed. It’s still not needed. It’s time to just go back to reality and pass an ordinary legislative window like so many other states have done and provide justice for the victims of Pennsylvania. They waited for 16 years.”

Nationwide, since 2002, some 24 so-called revival bills have been enacted. Some jurisdictions have had multiple windows, including California with two, and Hawaii with three. Overall there have been 19 retroactive windows opened by states and five revivals.

Rozzi called for an investigation into the blunder.

“I don’t know how the Secretary of State made this mistake,” he said. “I‘ve been taking a beating for this..for changing course and having this happen.. my heart hurts for all those victims.”

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