Bill from the 2023 legislative session removing the statute of limitations for child sexual abuse victims will undergo expected constitutionality question this Fall.
During the 2023 legislative session the Maryland General Assembly passed the Child Victims Act of 2023. The constitutionality test that was expected to follow will take place during the September 2024 session of the Maryland Supreme Court, according to a recent letter from the courts. The question was submitted to the courts by U.S. District Judge James K. Bredar.
The reformulated question from the notice of acceptance reads:
Does the Maryland Child Victims Act of 2023, 2023 Md. Laws ch. 5 (S.B. 686) (codified at Md. Code Ann., Cts. and Jud. Proc. § 5-117), constitute and impermissible abrogation of a vested right in violation of Article 24 of the Maryland Declaration of Rights and/or Article III, Section 40 of the Maryland Constitution?
The Child Victims Act of 2023 was a bill that, primarily, eliminated the statute of limitations for survivors of child sexual abuse to file lawsuits. Additionally, it allowed for a lookback window where cases that were previously barred had a period of time to be heard. At that time MACo weighed in with a letter of information, supporting the intent of the bill and generally informing the legislature of the potential effects on local governments.
The question of constitutionality was heavily weighed at the time of deliberating on the potential new law during the 2023 session. That debate was a catalyst for Attorney General Anthony Brown to send a review letter to the Governor and the Senate sponsor of the bill, Chair of the Judicial Proceedings Committee Senator William Smith, outlining his willingness to defend the law if challenged and a preliminary opinion that the law is not clearly unconstitutional. Additionally, the version of the bill that passed includes an amendment to allow for an interlocutory appeal, which would put revived lawsuits on hold until the Supreme Court can decide on the law's constitutionality. To date one court, in Montgomery County, has ruled the law unconstitutional.
No comments:
Post a Comment