PENNSYLVANIA
Patriot-News
By Ivey DeJesus | idejesus@pennlive.com
on March 15, 2013
One of the country’s leading church and state scholars is challenging state Rep. Ron Marsico’s claims that suspending the statute of limitation in order to allow victims of child sex abuse to file charges against their predators is unconstitutional.
Marci A. Hamilton, a 20-year professor at the Benjamin N. Cardozo School of Law, Yeshiva University, argues that two amendments pertaining to the statutes of limitations and attached to House Bill 342 are constitutional and sound public policy.
In a report to the General Assembly, Hamilton argues that: “In reality, while the United States Supreme Court has closed the door on retroactive criminal legislation, it has found retroactive civil legislation to be constitutionally permissible.”
Under the U.S. Constitution, Hamilton argues, retroactive civil legislation is constitutional if the legislative intent is clear and the change is procedural.
Hamilton said efforts over the past eight years to reform the law have been fueled by false and outdated arguments.
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