A bill pushing back the statute of limitations over lawsuits for the sexual abuse of children faces an uncertain fate as the Rhode Island General Assembly races toward the end of its 2026 session.
The measure is part of a package introduced in the House by state Rep. Carol McEntee (D-Narragansett) and it was among the legislation recommended by Attorney General Peter Neronha earlier this year when he released a report on the history of clergy abuse in the state.
According to a legislative news release, the bill “establishes that institutions, organizations and individuals can be held civilly liable for negligent supervision or concealment of a person who sexually abused a minor.”
It would be retroactive for up to 53 years, with a two-year window, from July 1 of this year to June 30, 2028, for bringing a new action.
That bill, along with the others in McEntee’s package, won approval in the House of Representatives in April.
The fate of the bill remains uncertain, however, after state Senate Judiciary Chairman Matthew LaMountain (D-Warwick) recently announced his support for seeking a Rhode Island Supreme Court advisory opinion on the constitutionality of the measure.
As committee chair, LaMountain holds considerable sway over the fate of the legislation, even as he made clear he supports holding child abusers to account.
“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,” LaMountain said in a statement. “The abuse – and the shameful enabling and cover-up – described in the attorney general’s report on the Diocese of Providence is deeply disturbing.”
LaMountain points out that conflicting views on the bill’s constitutionality have been heard during Judiciary Committee testimony. He said that while similar laws have been upheld in some states (including Georgia and Vermont), they have been overturned in others (including Utah, Kentucky and Colorado).
According to LaMountain, the Rhode Island Supreme Court ruled in Kelly v. Marcantonio in 1996 that “our state Constitution bars the retroactive application’’ of current law “to claims already time-barred by a statute of limitations.”
McEntee argues the issue is clear-cut and says this is not a case where lawmakers should seek an advisory opinion – an action that could considerably slow the process.
“We believe it’s constitutional,” she said in an interview. “We think it’s our duty to create policy and the underlying premises is protecting Rhode Island children from sexual abuse and pedophiles.”
McEntee recounted how her sister Annie endured years of abuse as a girl from a parish priest, “and when she finally summoned the courage to confront this terrible crime perpetrated against her, she was met with silence and gaslighting from the institution that should have been protecting her and her innocence.”
The Narragansett Democrat said her bill is not aimed at the Diocese of Providence, but rather the sexual abuse of children at a broader array of various organizations.
“In the long run, it will protect children because it will stop this behavior by institutions on choosing between protecting their reputation or focusing on children and making sure you report,” McEntee said.
During a May 14 hearing of the Senate Judiciary Committee, Neronha and retired federal Judge William E. Smith were among those urging the committee to pass the bill without waiting for advice from the court.
“By anticipating how the Rhode Island Supreme Court might rule in a challenge to this bill, the legislature (through this Committee) would effectively abdicate its lead policy-making role to the Supreme Court,” Smith wrote in a letter submitted to the Judiciary Committee.
A committee vote on the resolution has not yet been scheduled. McEntee said she believes there is support for the legislation if it makes it to the floor of the Senate.
The General Assembly is approaching its most important obligation: passing a budget for the fiscal year starting July 1. Lawmakers will then consider hundreds of bills, some of which will not make it over the finish line before the legislature goes on recess in mid-June.
