"While it is too late for me to benefit... I would hope that other terminal illness sufferers in Rhode Island, who come after me, could have this option..."
thanks Steve for posting this, it is not an easy topic.
I'm 86, and though in decent health, this is not ideological but a very real issue for me and my wife. We've lived long enough to hear of numerous end of life horrors, one of which is one of my aunts jumping out of a senior high rise when suffering from cancer and no hope. It results in fear of dying being worse than fear of death.
I know that it is unlikely we would ever actually use medical aid in dying, but it would be comforting even now to know it exists. I feel lucky to live in RI, not least because of the relative tolerance and decency of so many Catholics here, but I do wish the leading Catholic clergy were more respectful of other religious viewpoints on this - they need not use medical aid in dying, they are free to advise others not to do so, but they should not use their power to in effect prolong the suffering of those with do not have their religious views,
I wanted to testify on this bill, but the timing of a cancer treatment prevented that. I have a very rich life. My days with my wife are a daily treasure. I love my trans son and want to be here right at his side fighting all the bigotry, hatred and violence directed at these good folks who just want to left alone to be themselves. I love my Black son, and want to be at his side as all the rights that people bled and died for are being erased in The Great Racist Revival that is Trump and MAGA. I have wonderful friends, nearby and at distance, some I've known for multi-decades, some I've found this year. I have a good life. When I become terminal, would I choose to end my life? I really don't know. BUT I WOULD WANT TO HAVE THE CHOICE, and that's what this bill is about.
If it doesn't pass this year, I will testify next year.
Senate leaders schedule votes on bill to revive childhood sex abuse claims.
On Monday, Senate leaders outlined a schedule of votes on legislation that would revive previously time-barred civil claims arising from childhood sexual abuse.
Senate President Valarie Lawson and Majority Leader Frank Ciccone, III hosted a news conference with Judiciary Committee Chair Matthew LaMountain and Senate Rules, Government Ethics and Oversight Chair Mark McKenney, the sponsor of the legislation (S2616 https://webserver.rilegislature.gov/BillText/BillText26/SenateText26/S2616.pdf). Joining them were Rhode Island Attorney General Peter Neronha, retired U.S. District Court Judge William Smith, and Dr. Herbert “Hub” Brennan, a survivor of childhood abuse who has advocated for the passage of the legislation.
They announced that the legislation has been scheduled for a vote in the Senate Judiciary Committee on Wednesday, June 3, at 5 pm. Should the committee approve the legislation, which is expected, a vote will be scheduled for consideration by the full Senate late on that day’s calendar.
“At no point in this process did we ever stop working to find a way to bring a strong and constitutional bill to the floor so that victims can access justice,” said Senator McKenney, who sponsored the legislation. “This legislation will apply to institutions the civil culpability that we have already applied to the perpetrators. To see why this is so necessary, one only needs to look to the Attorney General’s report on abuses within the Diocese of Providence, which describes the shameful actions of an institution more interested in protecting its reputation than the children in their care.”
“Today, we are taking an important step toward providing survivors of childhood sexual abuse meaningful access to the courts,” said Chairman LaMountain. “That has been our objective from the very beginning: to determine whether there was a constitutional and effective path to provide survivors the opportunity to have their claims heard and decided on their merits. After months of testimony, legal analysis, constitutional review, and public participation, I believe we have found that path – a path that is fair to survivors, faithful to our Constitution, and respectful of due process. To the survivors who came forward and shared their stories: Thank you. Your courage informed this debate and helped Rhode Island confront difficult truths.”
“Child sexual abuse is a uniquely terrible crime; one that victims consistently grapple with for years, often decades, before coming forward with their stories,” said Attorney General Neronha. “My Office’s Report on Child Sexual Abuse in the Diocese of Providence found that on average, a victim takes 26 years to report a crime of this nature. As such, it is imperative that we pass this bill to allow victims a reasonable window of opportunity to seek justice on their own behalf. These victims’ lives were forever changed by crimes committed against them as children at the hands of trusted adults; they deserve an opportunity to take the reins back from their abusers and seek accountability. I want to thank the General Assembly for working on this bill this session, and in particular, Senate leadership for moving this bill forward today. Finally, and importantly, we must acknowledge that we would not be here if not for the many courageous victims and advocates and their tireless work reaching back decades.”
“Finally … accountability,” said Dr. Brennan. “And hopefully a deterrent that will meaningfully protect our children.”
“I am very pleased that the Senate Leadership has arrived at a compromise approach that will, at long last, allow this much-needed legislation to become law,” said Judge Smith. “There will be legal battles ahead, but for now we can be proud that the Legislature is doing what needs to be done in the wake of the Attorney General’s historic report on clergy sexual abuse.”
The committee will consider an amended, or Substitute A., version of the legislation that makes four modifications to address concerns raised over the course of the committee process.
The first change preserves prior judgments of the courts, striking language that had read, “Any action dismissed solely as a result of the previous statute of limitations for child sexual abuse shall be revived by this section.” The rationale for this change is that it would not withstand a court challenge as it violates the Separation of Powers provision of the Rhode Island Constitution by making the Legislature a de facto Super Appellate Court capable of overturning judgments.
The second change codifies and incorporates longstanding existing law that prejudgment interest does not apply to the state or its subdivisions.
The third change similarly codifies longstanding existing law limiting state tort liability.
The fourth change sets forth a process for calculating prejudgment interest in revived claims, similar to the process already in place for medical malpractice claims. It would provide prejudgment interest from the date the claim is noticed or filed, whichever comes first. This is a process used when a medical malpractice claim is discovered after the events giving rise to the lawsuit. It is a system that has been tested in that setting and will provide clarity and reliable enforceability on the calculation of prejudgment interest.
“I am grateful to my colleagues in leadership, to Chairman LaMountain and Chairman McKenney, and to everyone who worked with us to bring this bill to fruition,” said Senate President Valarie Lawson. “Chairman LaMountain was diligent in his review and steadfast in his commitment to finding a path forward. Chairman McKenney championed this cause and never wavered as he sought to work through issues. I also want to express the Senate’s deep gratitude to Attorney General Neronha for his analysis nd for working with us as we conducted our review. And most importantly, I want to thank the survivors, who bravely shared their stories, and who met with us and worked with us throughout this process.”
“I am deeply grateful to everyone who took part in the development and review of this legislation and who has worked hard to help find a path forward this year,” said Majority Leader Ciccone. “I especially want to highlight the great work of our Senate Judiciary Committee, which deals with some of the most complex and consequential legislation that comes before us in the General Assembly. To Chairman LaMountain, Chairman McKenney, and all the members of the committee: thank you for your diligence and dedication.”
thanks Steve for posting this, it is not an easy topic.
I'm 86, and though in decent health, this is not ideological but a very real issue for me and my wife. We've lived long enough to hear of numerous end of life horrors, one of which is one of my aunts jumping out of a senior high rise when suffering from cancer and no hope. It results in fear of dying being worse than fear of death.
I know that it is unlikely we would ever actually use medical aid in dying, but it would be comforting even now to know it exists. I feel lucky to live in RI, not least because of the relative tolerance and decency of so many Catholics here, but I do wish the leading Catholic clergy were more respectful of other religious viewpoints on this - they need not use medical aid in dying, they are free to advise others not to do so, but they should not use their power to in effect prolong the suffering of those with do not have their religious views,
Agree totally, Barry!!
I wanted to testify on this bill, but the timing of a cancer treatment prevented that. I have a very rich life. My days with my wife are a daily treasure. I love my trans son and want to be here right at his side fighting all the bigotry, hatred and violence directed at these good folks who just want to left alone to be themselves. I love my Black son, and want to be at his side as all the rights that people bled and died for are being erased in The Great Racist Revival that is Trump and MAGA. I have wonderful friends, nearby and at distance, some I've known for multi-decades, some I've found this year. I have a good life. When I become terminal, would I choose to end my life? I really don't know. BUT I WOULD WANT TO HAVE THE CHOICE, and that's what this bill is about.
If it doesn't pass this year, I will testify next year.
From a Rhode Island Senate press release:
Senate leaders schedule votes on bill to revive childhood sex abuse claims.
On Monday, Senate leaders outlined a schedule of votes on legislation that would revive previously time-barred civil claims arising from childhood sexual abuse.
Senate President Valarie Lawson and Majority Leader Frank Ciccone, III hosted a news conference with Judiciary Committee Chair Matthew LaMountain and Senate Rules, Government Ethics and Oversight Chair Mark McKenney, the sponsor of the legislation (S2616 https://webserver.rilegislature.gov/BillText/BillText26/SenateText26/S2616.pdf). Joining them were Rhode Island Attorney General Peter Neronha, retired U.S. District Court Judge William Smith, and Dr. Herbert “Hub” Brennan, a survivor of childhood abuse who has advocated for the passage of the legislation.
They announced that the legislation has been scheduled for a vote in the Senate Judiciary Committee on Wednesday, June 3, at 5 pm. Should the committee approve the legislation, which is expected, a vote will be scheduled for consideration by the full Senate late on that day’s calendar.
“At no point in this process did we ever stop working to find a way to bring a strong and constitutional bill to the floor so that victims can access justice,” said Senator McKenney, who sponsored the legislation. “This legislation will apply to institutions the civil culpability that we have already applied to the perpetrators. To see why this is so necessary, one only needs to look to the Attorney General’s report on abuses within the Diocese of Providence, which describes the shameful actions of an institution more interested in protecting its reputation than the children in their care.”
“Today, we are taking an important step toward providing survivors of childhood sexual abuse meaningful access to the courts,” said Chairman LaMountain. “That has been our objective from the very beginning: to determine whether there was a constitutional and effective path to provide survivors the opportunity to have their claims heard and decided on their merits. After months of testimony, legal analysis, constitutional review, and public participation, I believe we have found that path – a path that is fair to survivors, faithful to our Constitution, and respectful of due process. To the survivors who came forward and shared their stories: Thank you. Your courage informed this debate and helped Rhode Island confront difficult truths.”
“Child sexual abuse is a uniquely terrible crime; one that victims consistently grapple with for years, often decades, before coming forward with their stories,” said Attorney General Neronha. “My Office’s Report on Child Sexual Abuse in the Diocese of Providence found that on average, a victim takes 26 years to report a crime of this nature. As such, it is imperative that we pass this bill to allow victims a reasonable window of opportunity to seek justice on their own behalf. These victims’ lives were forever changed by crimes committed against them as children at the hands of trusted adults; they deserve an opportunity to take the reins back from their abusers and seek accountability. I want to thank the General Assembly for working on this bill this session, and in particular, Senate leadership for moving this bill forward today. Finally, and importantly, we must acknowledge that we would not be here if not for the many courageous victims and advocates and their tireless work reaching back decades.”
“Finally … accountability,” said Dr. Brennan. “And hopefully a deterrent that will meaningfully protect our children.”
“I am very pleased that the Senate Leadership has arrived at a compromise approach that will, at long last, allow this much-needed legislation to become law,” said Judge Smith. “There will be legal battles ahead, but for now we can be proud that the Legislature is doing what needs to be done in the wake of the Attorney General’s historic report on clergy sexual abuse.”
The committee will consider an amended, or Substitute A., version of the legislation that makes four modifications to address concerns raised over the course of the committee process.
The first change preserves prior judgments of the courts, striking language that had read, “Any action dismissed solely as a result of the previous statute of limitations for child sexual abuse shall be revived by this section.” The rationale for this change is that it would not withstand a court challenge as it violates the Separation of Powers provision of the Rhode Island Constitution by making the Legislature a de facto Super Appellate Court capable of overturning judgments.
The second change codifies and incorporates longstanding existing law that prejudgment interest does not apply to the state or its subdivisions.
The third change similarly codifies longstanding existing law limiting state tort liability.
The fourth change sets forth a process for calculating prejudgment interest in revived claims, similar to the process already in place for medical malpractice claims. It would provide prejudgment interest from the date the claim is noticed or filed, whichever comes first. This is a process used when a medical malpractice claim is discovered after the events giving rise to the lawsuit. It is a system that has been tested in that setting and will provide clarity and reliable enforceability on the calculation of prejudgment interest.
“I am grateful to my colleagues in leadership, to Chairman LaMountain and Chairman McKenney, and to everyone who worked with us to bring this bill to fruition,” said Senate President Valarie Lawson. “Chairman LaMountain was diligent in his review and steadfast in his commitment to finding a path forward. Chairman McKenney championed this cause and never wavered as he sought to work through issues. I also want to express the Senate’s deep gratitude to Attorney General Neronha for his analysis nd for working with us as we conducted our review. And most importantly, I want to thank the survivors, who bravely shared their stories, and who met with us and worked with us throughout this process.”
“I am deeply grateful to everyone who took part in the development and review of this legislation and who has worked hard to help find a path forward this year,” said Majority Leader Ciccone. “I especially want to highlight the great work of our Senate Judiciary Committee, which deals with some of the most complex and consequential legislation that comes before us in the General Assembly. To Chairman LaMountain, Chairman McKenney, and all the members of the committee: thank you for your diligence and dedication.”