Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1069

Introduced
2/16/23  

Caption

Extending the civil statute of limitations for child abuse

Impact

The proposed changes in S1069 could significantly alter the landscape of child abuse litigation within Massachusetts. By expanding the timeframe for filing claims, the bill may empower more victims to seek justice against their abusers or negligent parties, potentially leading to higher accountability in cases where supervision failures contributed to the abuse. These amendments are intended to reflect a broader understanding of the trauma associated with child abuse and the delayed onset of recognition by victims of their emotional and psychological injuries.

Summary

Senate Bill S1069, introduced by Senator Michael O. Moore, seeks to extend the civil statute of limitations for actions related to child abuse. This legislative proposal intends to provide a longer period for victims of child abuse to file lawsuits against perpetrators and individuals or entities that may have negligently supervised the abuser. Under the new provisions detailed in the bill, victims would have up to 35 years from the date of the abuse or 7 years from the discovery of psychological injuries to initiate a civil action, whichever time frame is longer. Moreover, the bill includes a clause that tolls the statute of limitations until the victim turns 18 years old, encouraging victims to come forward without the pressure of time constraints during their formative years.

Contention

While the bill aims to protect the rights of abuse victims, it may face challenges and discussions regarding the implications for institutions and individuals accused of past negligence or abuse. Critics might argue that extending the statute of limitations could lead to an increase in claims that are difficult to investigate due to the age of the incidents. Supporters, however, may argue that the extension is a necessary measure to ensure that victims have adequate time to come forward and seek redress. The debate surrounding the bill may also touch upon the implications for accountability and societal recognition of the prolonged effects of child abuse.

Companion Bills

MA S325

Similar To Relative to the screening of prospective school employees for prior investigations into child abuse or sexual misconduct

MA H3537

Similar To Relative to the military family advocacy program, domestic violence and child abuse and neglect

MA H1533

Similar To Amending the victim of violent crime compensation law

MA S2853

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

MA S2932

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

MA S2851

Replaced by Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to judicial matters.

Previously Filed As

MA S198

Protecting personal identifying information

MA S1555

Relative to chief probation officers

MA S265

Protecting personal identifying information

MA S1429

Relative to dental hygienists

MA S1743

Relative to the Massachusetts Fire Training Council

MA S841

Resolve relative to public higher education credit transfers

MA S267

Updating the unit pricing exemption threshold

MA S268

Prohibiting real estate dual agency transactions

Similar Bills

No similar bills found.