SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2932

The Commonwealth of Massachusetts

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

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SENATE, July 31, 2024.

The committee on Senate Rules to whom was referred the Senate Bill eliminating the statute of limitation in civil child sexual abuse cases (Senate, No. 2853) reports, that the matter be placed in the Orders of the Day for the next session with an amendment striking out all after the enacting clause and inserting in place thererof the text of Senate document numbered [Amendment Bill Number].

For the committee,

Joan B. Lovely

        FILED ON: 7/31/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2932

The Commonwealth of Massachusetts

_______________

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

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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 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any civil action 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 further amended by striking out section 4C1/2, as so appearing, and inserting in place thereof the following section:-

Section 4C½. Any civil action  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 of chapter 260 of the General Laws shall apply regardless of when an action or claim for acts alleged to have caused an injury or condition to a minor pursuant to said sections 4C and 4C1/2 of said chapter 260 shall have accrued and regardless of whether such action or claim 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 or individual that employed or supervised the person who allegedly committed the sexual abuse only if there is a finding of liability on the part of the entity or individual. For the purposes of this section, “sexual abuse” shall have the same meaning as in said section 4C of said chapter 260.