Respectfully Requesting the Justices of the Supreme Court to Give a Written Opinion Upon Certain Questions of Law

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.