HOUSE DOCKET, NO. 3441        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3060

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kenneth I. Gordon

_________________

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 amending the statute of limitations relating to civil rights actions and criminal prosecutions for the sexual assault and rape of a child.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kenneth I. Gordon

21st Middlesex

1/20/2017

Joan B.  Lovely

Second Essex

 

Lori A. Ehrlich

8th Essex

 

Paul R. Heroux

2nd Bristol

 

Michael O. Moore

Second Worcester

 

John W. Scibak

2nd Hampshire

 

José F. Tosado

9th Hampden

 


HOUSE DOCKET, NO. 3441        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3060

By Mr. Gordon of Bedford, a petition (accompanied by bill, House, No. 3060) of Kenneth I. Gordon and others relative to civil rights actions of persons under the age of eighteen when the offense was committed.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act amending the statute of limitations relating to civil rights actions and criminal prosecutions for the sexual assault and rape of a child.

 

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.  Chapter 260 of the General Laws is hereby amended by striking out section 5B, as so appearing, and inserting in place thereof the following section: -

§5B. Civil rights actions

Actions arising on account of violations of any law intended for the protection of civil rights, including but not limited to actions alleging employment, housing and other discrimination on the basis of race, color, creed, national origin, sex, age, ancestry or handicap shall be commenced only within three years next after the cause of action accrues, except that an action commenced under 42 U.S.C. §1681-1686,Title IX, for sexual assault, or sexual abuse, as that term is defined in G.L. c. 260, section 4C, shall be governed by the provisions of G.L. c. 260, section 4C½.

SECTION 2.   Chapter 277 of the General Laws is hereby amended by adding at the end of section 63, as so appearing, the following paragraph: -

Notwithstanding any other provision of this section, an indictment or complaint alleging an offense of indecent assault and battery, or an offense of rape, may be found and filed at any time after the commission of such offense, provided that the victim was under the age of 18 when the offense was committed.