Proposing a constitutional amendment protecting children by allowing for retroactive laws regarding civil causes of action arising out of child sexual abuse.
Impact
The proposed amendment is intended to empower victims of child sexual abuse by providing them with an opportunity to pursue civil lawsuits even after the typical statutes of limitations have expired. This change could encourage more individuals to come forward and seek justice, potentially leading to greater accountability for perpetrators and a societal acknowledgment of the long-term impacts of such abuse. By facilitating these retroactive actions, the bill indicates a shift toward prioritizing the rights and needs of survivors over procedural constraints.
Summary
HJR120 is a joint resolution proposing an amendment to the Texas Constitution aimed at enhancing the legal framework for child protection, particularly in cases of child sexual abuse. The amendment seeks to allow for retroactive civil actions for victims of child sexual abuse, which would amend Section 16, Article I of the Texas Constitution. This is significant as it will create a path for survivors to seek justice for offenses that may have occurred prior to the enactment of this amendment, thus addressing potential limitations that current laws impose on legal recourse.
Contention
Notable points of contention surrounding HJR120 are expected, as some legislators may argue against the retroactive application of laws due to concerns about fairness to the alleged offenders and the implications for past cases. Critics may posit that allowing retroactive lawsuits could burden the legal system and lead to a surge of claims, complicating judicial processes. Conversely, supporters emphasize the necessity of providing age-appropriate avenues for victims to obtain justice, arguing that many victims may not feel safe or ready to come forward within the original legal time limits.
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.