Read the full stored bill text
S3275
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
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WHEREAS, Article X, Section 3 of the Constitution of the State of Rhode Island
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provides that “the judges of the supreme court shall give their written opinion upon any question
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of law whenever requested by the governor or by either house of the general assembly”; and
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WHEREAS, There is currently pending before the Senate of the State of Rhode Island a
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bill, 2026 - S 2616, “An Act Relating to Courts and Civil Procedure—Procedure Generally—
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Causes of Action,” which would amend R.I.G.L. § 9-1-51, and if enacted, would revive time-
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barred civil claims, for any party, for the alleged sexual abuse of a minor or conduct that caused
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or contributed to the alleged sexual abuse of a minor, and permits previously time-barred claims
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to be resurrected within a court of appropriate jurisdiction of this state by June 30, 2028; and
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WHEREAS, Article I, Section 2 of the Constitution of the State of Rhode Island provides
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that “No person shall be deprived of life, liberty or property without due process of law, nor shall
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any person be denied equal protection of the laws”; and
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WHEREAS, Article V of the Constitution of the State of Rhode Island provides that “the
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powers of the government shall be distributed into three separate and distinct departments: the
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legislative, executive and judicial”; and
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WHEREAS, The Rhode Island Supreme Court has not addressed the constitutionality of
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the retroactive provision of R.I.G.L. § 9-1-51 and declined to do so in the matter of
Houllahan v.
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Gelineau
, as it was not properly before the Court; and
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WHEREAS, The Senate of the State of Rhode Island seeks to assure the people of the
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State that the proposal is constitutional; and
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WHEREAS, It is in the interest of all sides of the public-policy debate as well as the
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interest in legislative and judicial economy to have resolved the question of constitutionality of
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2026 - S 2616 at the earliest possible time and decided on an expedited basis; and
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WHEREAS, The questions of constitutionality presented below are pure questions of law
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involving consideration of the proposed legislation in light of the language of the Constitution of
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the State of Rhode Island; now, therefore be it
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RESOLVED, That in accordance with Article X, Section 3 of the Constitution of the
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State of Rhode Island, the Senate of the State of Rhode Island hereby respectfully requests the
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Justices of the Rhode Island Supreme Court to give a written opinion, on an expedited basis, upon
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the following questions of law concerning the proposed act, 2026 - S 2616:
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(1) Whether the proposed act, if duly enacted into law, would violate Article I, Section 2
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of the Constitution of the State of Rhode Island by infringing upon individuals’ rights to civil due
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process and equal protection, in that it purports to revive previously time-barred claims without
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affording constitutionally sufficient notice and a meaningful opportunity to be heard and defend
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against such claims; and
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(2) Whether the proposed act, if duly enacted into law, would violate Article V of the
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Rhode Island Constitution, the so-called Distribution of Powers amendment, which governs the
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ability of the legislative branch to revive claims previously dismissed by the judiciary and entered
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as final judgements; and be it further
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RESOLVED, That a duly certified copy of this resolution, together with a copy of the
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bill, 2026 - S 2616, be transmitted forthwith by the Senate to the clerk of the Supreme Court, to
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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
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matters related to Senate bill 2026 - S 2616 relating to Courts and Civil Procedure -- Procedure
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Generally -- Causes of Action.
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