SENATE RESOLUTION RESPECTFULLY REQUESTING THE JUSTICES OF THE SUPREME COURT TO GIVE A WRITTEN OPINION UPON CERTAIN QUESTIONS OF LAW, the official text

S3275 2026 -- S 3275 ======== LC006446 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ 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 1 WHEREAS, Article X, Section 3 of the Constitution of the State of Rhode Island 2 provides that “the judges of the supreme court shall give their written opinion upon any question 3 of law whenever requested by the governor or by either house of the general assembly”; and 4 WHEREAS, There is currently pending before the Senate of the State of Rhode Island a 5 bill, 2026 - S 2616, “An Act Relating to Courts and Civil Procedure—Procedure Generally— 6 Causes of Action,” which would amend R.I.G.L. § 9-1-51, and if enacted, would revive time- 7 barred civil claims, for any party, for the alleged sexual abuse of a minor or conduct that caused 8 or contributed to the alleged sexual abuse of a minor, and permits previously time-barred claims 9 to be resurrected within a court of appropriate jurisdiction of this state by June 30, 2028; and 10 WHEREAS, Article I, Section 2 of the Constitution of the State of Rhode Island provides 11 that “No person shall be deprived of life, liberty or property without due process of law, nor shall 12 any person be denied equal protection of the laws”; and 13 WHEREAS, Article V of the Constitution of the State of Rhode Island provides that “the 14 powers of the government shall be distributed into three separate and distinct departments: the 15 legislative, executive and judicial”; and 16 WHEREAS, The Rhode Island Supreme Court has not addressed the constitutionality of 17 the retroactive provision of R.I.G.L. § 9-1-51 and declined to do so in the matter of Houllahan v. 18 Gelineau , as it was not properly before the Court; and 19 WHEREAS, The Senate of the State of Rhode Island seeks to assure the people of the 1 State that the proposal is constitutional; and 2 WHEREAS, It is in the interest of all sides of the public-policy debate as well as the 3 interest in legislative and judicial economy to have resolved the question of constitutionality of 4 2026 - S 2616 at the earliest possible time and decided on an expedited basis; and 5 WHEREAS, The questions of constitutionality presented below are pure questions of law 6 involving consideration of the proposed legislation in light of the language of the Constitution of 7 the State of Rhode Island; now, therefore be it 8 RESOLVED, That in accordance with Article X, Section 3 of the Constitution of the 9 State of Rhode Island, the Senate of the State of Rhode Island hereby respectfully requests the 10 Justices of the Rhode Island Supreme Court to give a written opinion, on an expedited basis, upon 11 the following questions of law concerning the proposed act, 2026 - S 2616: 12 (1) Whether the proposed act, if duly enacted into law, would violate Article I, Section 2 13 of the Constitution of the State of Rhode Island by infringing upon individuals’ rights to civil due 14 process and equal protection, in that it purports to revive previously time-barred claims without 15 affording constitutionally sufficient notice and a meaningful opportunity to be heard and defend 16 against such claims; and 17 (2) Whether the proposed act, if duly enacted into law, would violate Article V of the 18 Rhode Island Constitution, the so-called Distribution of Powers amendment, which governs the 19 ability of the legislative branch to revive claims previously dismissed by the judiciary and entered 20 as final judgements; and be it further 21 RESOLVED, That a duly certified copy of this resolution, together with a copy of the 22 bill, 2026 - S 2616, be transmitted forthwith by the Senate to the clerk of the Supreme Court, to 23 be presented immediately to the justices of said court for their consideration. ======== LC006446 ======== LC006446 - Page 2 of 3 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 *** 1 This resolution would request that the Supreme Court provide a written opinion on 2 matters related to Senate bill 2026 - S 2616 relating to Courts and Civil Procedure -- Procedure 3 Generally -- Causes of Action. ======== LC006446 ======== LC006446 - Page 3 of 3