HOUSE DOCKET, NO. 787        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1536

 

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

1/10/2023

Samantha Montaño

15th Suffolk

10/16/2023

Kay Khan

11th Middlesex

11/16/2023


HOUSE DOCKET, NO. 787        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1536

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1536) of Kenneth I. Gordon relative to the statute of limitations relating to civil rights actions and criminal prosecutions for the sexual assault and rape of a child.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1617 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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 appearing in the 2020 Official Edition, 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 appearing in the 2020 Official Edition, 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.