SENATE DOCKET, NO. 1941        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1088

The Commonwealth of Massachusetts

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PRESENTED BY:

Joan B. Lovely

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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 eliminating the statute of limitation in civil child sexual abuse cases.

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PETITION OF:

SENATE DOCKET, NO. 1941        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1088

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2815 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act eliminating the statute of limitation in civil child sexual abuse cases.

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 4C of chapter 260 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Actions of tort alleging the defendant sexually abused a minor may be commenced at any time after the acts alleged to have caused an injury or condition.

SECTION 2. Said chapter 260 is hereby amended by striking out section 4C1/2, as so appearing, and inserting in place thereof the following section:-

Section 4C½. An action of tort alleging that the defendant negligently supervised a person who sexually abused a minor or that the defendant’s conduct caused or contributed to the sexual abuse of a minor by another person may be commenced at any time after the acts alleged to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have the same meaning as in section 4C.

SECTION 3. Sections 4C and 4C1/2 shall apply regardless of when acts alleged to have caused an injury or condition to a minor shall have accrued and regardless of whether it may have lapsed or would otherwise be barred by time under any law of the commonwealth. In an action based on sexual abuse against a minor that would have been barred by time under any law of the commonwealth in effect before the effective date of this act, damages may be awarded against an entity that employed or supervised the person who allegedly committed the sexual abuse only if there is a finding of negligence on the part of the entity.

SECTION 4. Section 10(j) of chapter 258 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after the fourth paragraph, the following paragraph:-

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

SECTION 5. Section 85K of chapter 231 of the General Laws, as appearing in the 2018 Official Edition, 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 child sexual abuse of a minor, as that term is defined in section 4C1/2 of chapter 260.