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HOUSE DOCKET, NO. 3382         FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1455

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John J. Lawn, Jr. and Thomas M. Stanley

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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 relative to the statute of limitations .

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PETITION OF:

 

Name:

District/Address:

John J. Lawn, Jr.

10th Middlesex

Thomas M. Stanley

9th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Kay Khan

11th Middlesex

Kate Hogan

3rd Middlesex

Lori A. Ehrlich

8th Essex

Michael Barrett

Third Middlesex

Karen E. Spilka

Second Middlesex and Norfolk

Denise Provost

27th Middlesex

Anne M. Gobi

5th Worcester

Ruth B. Balser

12th Middlesex

Denise C. Garlick

13th Norfolk

Paul R. Heroux

2nd Bristol

Brian R. Mannal

2nd Barnstable


HOUSE DOCKET, NO. 3382        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1455

By Messrs. Lawn of Watertown and Stanley of Waltham, a petition (accompanied by bill, House, No. 1455) of John J. Lawn, Jr., Thomas M. Stanley and others relative to the statute of limitations for certain  sexual abuse crimes.  The Judiciary. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act relative to the statute of limitations .
 

              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 2010

              Official Edition, shall be amended by striking out the first paragraph thereof as so appearing,

              and inserting in place thereof the following:

              Any actions for assault and battery alleging the defendant sexually abused a minor, or for

              negligence alleging that the defendant negligently supervised a third person who sexually

              abused a minor, or that the defendant's conduct caused or contributed to the sexual abuse of a minor by a third person, may be commenced at any time before the victim reaches fifty-five years of age.

              SECTION 2. The provisions of Section 1 shall apply to all claims under Section 4C of

              Chapter 260 which have accrued, and to all actions which are pending, on the date upon

              which it becomes effective.

              SECTION 3. The provisions of Section 1 shall be deemed to be retroactive to the fullest

              extent permitted under the Constitution of the United States and the Declaration of Rights

              of the Commonwealth of Massachusetts.

              SECTION 4. In all actions under Section 4C of Chapter 260 by a person over fifty-five years

              of age, which are commenced within a ONE (1) year period after the effective date as set

              forth in Section 6, it shall not be a defense that such action is barred by any applicable statute

              of limitations.

              SECTION 5. In all actions under Section 4C of Chapter 260 by a person over fifty-five years

              of age, which are pending on the effective date as set forth in Section 6, it shall not be a

              defense that such action is barred by any applicable statute of limitations.

              SECTION 6. Sections 4 and 5 shall take effect three (3) months after passage,.

              SECTION 7. All actions under Section 4C of Chapter 260 by a person over fifty-five years

              of age, in which the acts alleged occurred prior to the effective date as set forth in Section

              6, but which are commenced after the ONE year period set forth in Section 4, shall be

              governed by the provisions of Section 4C of Chapter 260 which were in effect prior to the

              enactment of this act.

              SECTION 8. Section 4C of Chapter 260 of the General Laws, as appearing in the 2010

              Official Edition, shall be amended by inserting after the first paragraph thereof the following

              paragraph: -

              The determination of the time when the victim discovered that an emotional or psychological injury or condition was caused by sexual abuse shall be based upon the date when the victim first fully understood that the act caused the injury for which the claim was brought, or that he had been harmed by such conduct, whichever date is later.

              SECTION 9. The provisions of Section 1 shall apply to all claims under Section 4C of

              Chapter 260 which have accrued, and to all actions which are pending, on the date upon

              which it becomes effective.

              SECTION 10. The provisions of Section 1 shall be deemed to be retroactive to the fullest

              extent permitted under the Constitution of the United States and the Declaration of Rights

              of the Commonwealth of Massachusetts.

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