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

2026 Regular Session Introduced by Matt LaMountain

Rhode Island seeks an expedited Supreme Court opinion on whether S 2616, reviving time-barred minor sexual abuse claims, is constitutional and respects separation of powers.

05/14/2026 Committee recommended measure be held for further study

Summary of Bill: SR 3275 (Session 2026, Rhode Island)

Purpose and intent

This Senate Resolution respectfully requests the Justices of the Rhode Island Supreme Court to issue a written opinion on certain questions of law related to a companion bill, 2026-S 2616, “An Act Relating to Courts and Civil Procedure—Procedure Generally—Causes of Action.”

The overarching goal is to obtain an expedited constitutional ruling on whether the proposed legislation would be constitutional, specifically regarding time-barred civil claims involving sexual abuse of a minor.

Key provisions and requests

The resolution states Article X, Section 3 of the Rhode Island Constitution empowers the Supreme Court to provide written opinions on questions of law when requested by the governor or either house of the General Assembly; the resolution makes such a request.

It identifies two constitutional questions to be answered by the Supreme Court, to be determined on an expedited basis:

Whether S 2616 would violate Article I, Section 2 (due process and equal protection) by reviving previously time-barred claims without constitutionally adequate notice and a meaningful opportunity to be heard and defend against those claims.
Whether S 2616 would violate Article V (Distribution of Powers) by encroaching on legislative authority to revive claims previously dismissed by the judiciary and entered as final judgments.

The resolution directs that a certified copy of itself and the bill be transmitted to the Supreme Court clerk for immediate presentation to the justices.

Who/what is affected

Affects interpretation of a pending bill (S 2616) that would modify civil procedure by reviving time-barred civil claims related to alleged sexual abuse of a minor, with a deadline to resurrect claims by June 30, 2028.

The questions target the constitutionality of retroactive applicability and the separation of powers between the legislative and judicial branches.

Procedural and timeline aspects

Status: Introduced May 8, 2026, and referred to Senate Judiciary; scheduled for hearing/consideration on May 14, 2026.

The resolution seeks an expedited opinion from the Rhode Island Supreme Court, consistent with Article X, Section 3 of the state constitution.

If the Supreme Court issues an opinion, it would address whether the proposed bill’s approach to reviving time-barred claims is permissible under the Rhode Island Constitution and whether it respects the constitutional distribution of powers.

Practical implications

An advisory constitutional ruling could influence legislative strategy and potential litigation surrounding S 2616.

A favorable, expedited opinion could accelerate the bill’s progress or its implementation timeline, while a ruling finding constitutional concerns could stall or alter the bill’s path.

If you’d like, I can provide a plain-language briefing for a general audience or a side-by-side comparison with current law and the proposed changes in S 2616.