SENATE DOCKET, NO. 1149        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 730

 

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to governmental and charitable tort liability.

_______________

PETITION OF:

 

Name:

District/Address:

William N. Brownsberger

Second Suffolk and Middlesex

John J. Lawn, Jr.

10th Middlesex

Joan B.  Lovely

Second Essex

Angelo J. Puppolo, Jr.

12th Hampden

Carmine L. Gentile

13th Middlesex

Thomas M. Petrolati

7th Hampden

Kenneth I. Gordon

21st Middlesex


SENATE DOCKET, NO. 1149        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 730

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 730) of William N. Brownsberger, John J. Lawn, Jr., Joan B.  Lovely, Angelo J. Puppolo, Jr. and other members of the General Court for legislation relative to governmental and charitable tort liability.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to governmental and charitable tort liability.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 10 (j) of Chapter 258 of the General Laws, as most recently amended by Section 57 of Chapter 495 of the Acts of 1993, is hereby amended by adding after the fourth paragraph, the following paragraph:

(5) any claim by or on behalf of a person who alleges that he was sexually abused as a child, as that term is defined in G.L. c.260, section 4C.

SECTION 2.   Section 85K of Chapter 231 of the General Laws, as most recently amended by Section 222 of Chapter 224 of the Acts of 2012, is hereby amended by inserting after the words "and provided further, that in the context of medical malpractice claims against a nonprofit organization providing health care," the following:

or in a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260.

SECTION 3.   Section 85V of Chapter 231 of the General Laws, as most recently amended by Chapter 331 of the Acts of 1993, is hereby amended by adding at the end thereof the following paragraph:

(iv)  a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260.

SECTION 4.   Section 85W of Chapter 231 of the General Laws, as most recently amended by Chapter 345 of the Acts of 1987, is hereby amended by adding at the end of the second paragraph, the following:

or in a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260.