2026 -- S 3275

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LC006446

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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S E N A T E   R E S O L U T I O N

RESPECTFULLY REQUESTING THE JUSTICES OF THE SUPREME COURT TO GIVE A

WRITTEN OPINION UPON CERTAIN QUESTIONS OF LAW

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: May 08, 2026

     Referred To: Senate Judiciary

     WHEREAS, Article X, Section 3 of the Constitution of the State of Rhode Island

provides that “the judges of the supreme court shall give their written opinion upon any question

of law whenever requested by the governor or by either house of the general assembly”; and

     WHEREAS, There is currently pending before the Senate of the State of Rhode Island a

bill, 2026 - S 2616, “An Act Relating to Courts and Civil Procedure—Procedure Generally—

Causes of Action,” which would amend R.I.G.L. § 9-1-51, and if enacted, would revive time-

barred civil claims, for any party, for the alleged sexual abuse of a minor or conduct that caused

or contributed to the alleged sexual abuse of a minor, and permits previously time-barred claims

to be resurrected within a court of appropriate jurisdiction of this state by June 30, 2028; and

     WHEREAS, Article I, Section 2 of the Constitution of the State of Rhode Island provides

that “No person shall be deprived of life, liberty or property without due process of law, nor shall

any person be denied equal protection of the laws”; and

     WHEREAS, Article V of the Constitution of the State of Rhode Island provides that “the

powers of the government shall be distributed into three separate and distinct departments: the

legislative, executive and judicial”; and

     WHEREAS, The Rhode Island Supreme Court has not addressed the constitutionality of

the retroactive provision of R.I.G.L. § 9-1-51 and declined to do so in the matter of Houllahan v.

Gelineau, as it was not properly before the Court; and

     WHEREAS, The Senate of the State of Rhode Island seeks to assure the people of the

State that the proposal is constitutional; and

     WHEREAS, It is in the interest of all sides of the public-policy debate as well as the

interest in legislative and judicial economy to have resolved the question of constitutionality of

2026 - S 2616 at the earliest possible time and decided on an expedited basis; and

     WHEREAS, The questions of constitutionality presented below are pure questions of law

involving consideration of the proposed legislation in light of the language of the Constitution of

the State of Rhode Island; now, therefore be it

     RESOLVED, That in accordance with Article X, Section 3 of the Constitution of the

State of Rhode Island, the Senate of the State of Rhode Island hereby respectfully requests the

Justices of the Rhode Island Supreme Court to give a written opinion, on an expedited basis, upon

the following questions of law concerning the proposed act, 2026 - S 2616:

     (1) Whether the proposed act, if duly enacted into law, would violate Article I, Section 2

of the Constitution of the State of Rhode Island by infringing upon individuals’ rights to civil due

process and equal protection, in that it purports to revive previously time-barred claims without

affording constitutionally sufficient notice and a meaningful opportunity to be heard and defend

against such claims; and

     (2) Whether the proposed act, if duly enacted into law, would violate Article V of the

Rhode Island Constitution, the so-called Distribution of Powers amendment, which governs the

ability of the legislative branch to revive claims previously dismissed by the judiciary and entered

as final judgements; and be it further

     RESOLVED, That a duly certified copy of this resolution, together with a copy of the

bill, 2026 - S 2616, be transmitted forthwith by the Senate to the clerk of the Supreme Court, to

be presented immediately to the justices of said court for their consideration.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

S E N A T E   R E S O L U T I O N

RESPECTFULLY REQUESTING THE JUSTICES OF THE SUPREME COURT TO GIVE A

WRITTEN OPINION UPON CERTAIN QUESTIONS OF LAW

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     This resolution would request that the Supreme Court provide a written opinion on

matters related to Senate bill 2026 - S 2616 relating to Courts and Civil Procedure -- Procedure

Generally -- Causes of Action.

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