Proposing a constitutional amendment protecting children by allowing for retroactive laws regarding civil causes of action arising out of child sexual abuse.
Impact
The passage of SJR51 would fundamentally alter the legal landscape surrounding civil claims related to child sexual abuse in Texas. By enabling retroactive civil actions, the amendment aims to empower survivors who might have previously been barred from pursuing justice due to statutory limitations. This change could lead to an influx of cases as individuals who suffered abuse in the past have a legal avenue to seek compensation and accountability from perpetrators or institutions that may have facilitated or concealed the abuse.
Summary
SJR51 proposes a constitutional amendment to the Texas Constitution that allows for the enactment of retroactive laws specifically concerning civil causes of action arising from child sexual abuse. Currently, the Texas Constitution prohibits retroactive laws, with limited exceptions. This proposed amendment seeks to address the legal barriers that survivors of child sexual abuse face when attempting to seek justice through civil litigation, by opening the door for such cases to be reviewed and adjudicated regardless of when the abuse occurred.
Contention
There are potential points of contention regarding the implications of SJR51. Advocates for the bill argue that it provides necessary protections and avenues for justice for survivors of child sexual abuse, a group that has historically been underserved and marginalized within the legal system. However, opponents may raise concerns about the implications of allowing retroactive claims, such as the burden it could place on defendants who may have limited access to evidence or witnesses from decades past, potentially leading to challenges in fairly defending against such claims.
Identical
Proposing a constitutional amendment protecting children by allowing for retroactive laws regarding civil causes of action arising out of child sexual abuse.
Proposing a constitutional amendment authorizing the legislature to enact laws providing for the denial of bail to a person accused of committing a trafficking or sexual offense against a child while released on bail for committing a similar offense.
Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.