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5/8/2026
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LaMountain submits resolution asking Supreme Court for opinion on bill reviving civil child sex abuse claims
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STATE HOUSE — Senate Judiciary Committee Chairman Matthew L. LaMountain today submitted a Senate resolution (2026-S 3275) that would ask the Supreme Court for an advisory opinion regarding the constitutionality of legislation that would open a window to revive currently time-barred claims against institutions in civil child sex abuse cases.
The legislation (2026-S 2616) sponsored by Sen. Mark McKenney (D-Dist. 30, Warwick), was heard before the Senate Judiciary Committee on April 30.
“As a former prosecutor, and as a parent, I am going to do everything in my power to ensure that everyone responsible for the heinous abuse of children entrusted to their care is held accountable,” said Chairman LaMountain (D-Dist. 31, Warwick, Cranston). “The abuse — and the shameful enabling and coverup — described in the Attorney General’s report on the Diocese of Providence is deeply disturbing.
“We also have a responsibility to ensure that the laws we enact are constitutional. During the Senate Judiciary Committee hearing on Senator McKenney’s bill, we received conflicting opinions regarding the constitutionality of the legislation before us. While similar laws were upheld in some states, in five states they were overturned. In the last seven years, the Rhode Island Supreme Court has not addressed whether we can revive time-barred claims. When a similar statute of limitations change came before the court, they declined to address its constitutionality, ruling that the issue was not properly before them. This Senate Resolution would place the issue properly before the Supreme Court, under Article 10, Section 3 of the Rhode Island Constitution.
“I know that there are some who would prefer that the legislature simply pass this bill and let it be challenged. However, that is not only shirking our responsibility as lawmakers but also taking a more circuitous route to providing judicial remedy. Failure to conduct this diligence would force those who bring a case to relive their trauma several times during judicial proceedings, likely over the course of several years, potentially only to have the underlying statute overturned in the courts. I believe that the victims, who have undergone so much, deserve an efficient means of redress, and the most direct way to have the constitutional question resolved is through an advisory opinion. It is faster and less expensive for both state taxpayers and potential litigants to have the constitutional question settled first. I would certainly hope for an expedited review by the Court.”
The Senate Resolution has been referred to the Senate Committee on Judiciary and is expected to be scheduled for a hearing on Thursday, May 14.
For more information, contact:
Greg Pare, Director of Communications for the Senate
State House Room 112
Providence, RI 02903
(401) 276-5558
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