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AG Bruce Beemer Contradicts Opinion Taken by Senate on Constitutionality of Statute of Limitations: Report

By Ivey DeJesus
PennLive
September 21, 2016

http://www.pennlive.com/news/2016/09/bruce_beemer_mark_rozzi_statut.html

The Pennsylvania lawmaker who has spearheaded the movement to reform the state's child sex crimes law says he is emboldened by the fact that the state's newly appointed top law enforcement official is leaning on the side of reform.

"It's great day for victims knowing we have an attorney general who is not afraid to stand up and do what is right and fight for the victims of this commonwealth," said Rep. Mark Rozzi D-Berks.

In an interview with The Philadelphia Inquirer, newly appointed Attorney General Bruce Beemer rejected the opinion that allowing past victims of abuse the ability to revive expired civil legal rights in order to bring to court predators would not violate the state constitution.

In so doing, Beemer countered the opinion given by his immediate predecessor Bruce Castor, Jr., who as solicitor general, testified before the Senate Judiciary Committee attesting that the retroactive measure in House Bill 1947 would be unconstitutional.

Speaking with The Inquirer, Beemer said of Castor's opinion on the law: "I do not agree with it. He added that "reasonable legal minds can differ" on the matter.

The Senate ultimately cited Castor's opinion and that of several others to strip the retroactive measure of the bill, which was otherwise approved unanimously and awaits action from the House.

"Ultimately, you would think it would be up to the highest court on Pennsylvania to determine if it's unconstitutional," Beemer told The Inquirer.

Castor had been appointed by former AG Kathleen Kane, who in August was found guilty of orchestrating a leak of secret grand jury materials and then lied about it.

Rozzi has vowed to revive attempts to restore the original language of the bill.

Rep. Mark Rozzi, D-Berks, says he is emboldened by the position taken by Attorney General Bruce Beemer. The newly appointed AG this week said a defeated amendment in the child sex crimes reform bill would not have been unconstitutional.

Speaking of Beemer and attorney generals, Rozzi said: "They stand behind their findings and recommendations. They don't make recommendations lightly. They make them by doing work and researching law."

Since the partial defeat of HB 1947 in June, Rozzi has continued to campaign to shore up support in the House for the retroactive amendment. This week, Rozzi joined other victims advocates in Philadelphia for the annual conference of the National Center for Victims of Crime.

Rozzi vowed to continue to fight to restore or rewrite the retroactive measure of the statute of limitations bill and send back to Senate.

"I think it's the right thing to do," he said. "Whether the Senate takes it up or not, we have to do what is right as elected officials."

Last week, dioceses across the state confirmed that the Attorney General's office was conducting an ongoing investigation into clergy sex abuse. Those dioceses include Harrisburg, Allentown and Pittsburgh.

The investigations were launched in the wake of a scathing grand jury report in March documenting the systemic abuse of hundreds of children by more than 50 priests in the Altoona-Johnstown Diocese. Investigators uncovered decades of abuse and cover up by church officials.

"How many more grand juries need to come out?" Rozzi said. "Will six grand juries make it right for them? Waiting does nobody good."

Advocates like Rozzi want the law to extend a window of time during which victims who have "timed out" of the legal system can take legal civil action against their alleged predators. The U.S. Supreme Court has ruled that reviving expired criminal statutes is unconstitutional.

The Pennsylvania Catholic Conference, along with the insurance industry and other business groups, oppose the revival of expired civil statute of limitations.

Beemer told the Philadelphia news outlet that he had no plans to draft a formal legal opinion unless asked to do so by lawmakers.

Beemer, who was appointed to finish out the term vacated by former AG Kathleen Kane, will serve until January.

 

 

 

 

 




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