Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1832 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2347 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1832
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Lawn, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to preventing the sexual abuse of children and youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/16/2025Natalie M. Blais1st Franklin1/27/2025 1 of 25
16	16	HOUSE DOCKET, NO. 2347 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1832
18	18	By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1832) of
19	19	John J. Lawn, Jr. and Natalie M. Blais relative to preventing the sexual abuse of children and
20	20	youth. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to preventing the sexual abuse of children and youth.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. This Act shall be known as the Comprehensive Child Sexual Abuse
30	30	2Prevention Act of 2025.
31	31	3 SECTION 2. The General Laws, as appearing in the 2022 Official Edition, are hereby
32	32	4amended by inserting after chapter X the following chapter:-
33	33	5 CHAPTER XX
34	34	6 CHILD SEXUAL ABUSE PREVENTION
35	35	7 Section 1. Definitions
36	36	8 For the purposes of this chapter, the following words and phrases shall have the
37	37	9following meanings:- 2 of 25
38	38	10 "Abuse" means an act involving a child or student that constitutes a sexual offense under
39	39	11the laws of the Commonwealth or any sexual contact between an adult and a child or student
40	40	12under the care of that individual.
41	41	13 “Child” or “children” as used in this chapter is interchangeable with “student” or
42	42	14“students.”
43	43	15 "Direct contact with children" means the possibility of care, supervision, guidance or
44	44	16control of children or routine interaction with children.
45	45	17 “Job performance” includes, but is not limited to abilities, attendance, attitude, awards,
46	46	18demotions, disciplinary actions, duties, effort, knowledge, promotions, skills, and in the case of a
47	47	19former school employee, the reasons for separation.
48	48	20 "School" means a Massachusetts public school or public school district, and includes a
49	49	21collaborative school, charter school, virtual school or innovation school; or a Massachusetts
50	50	22private day or residential school, including a special education school program approved under
51	51	23M.G.L. c. 71B; or a Massachusetts independent or parochial school.
52	52	24 "Sexual misconduct" means any act, including, but not limited to, any verbal, nonverbal,
53	53	25written or electronic communication or physical activity, directed toward or with a child
54	54	26regardless of the age of the child that is designed to promote a romantic or sexual relationship
55	55	27with the child. Such acts include, but are not limited to:
56	56	28 (a) Sexual or romantic invitation
57	57	29 (b) Dating or soliciting dates
58	58	30 (c) Engaging in sexualized or romantic dialogue 3 of 25
59	59	31 (d) Making sexually suggestive comments
60	60	32 (e) Self-disclosure or physical exposure of a sexual, romantic or erotic nature
61	61	33 (f) Any sexual, indecent, romantic or erotic contact with the child or student.
62	62	34 Section 2. Employee Sexual Abuse Prevention Education
63	63	35 (a) Every school which serves early childhood, pre-kindergarten, kindergarten,
64	64	36elementary and secondary school students; any state-operated or state-licensed program that
65	65	37provides educational services to early childhood, pre-kindergarten and kindergarten to grade 12
66	66	38students; and every youth-serving organization maintained by non-profit or for-profit entities,
67	67	39shall ensure that the following individuals receive instruction annually on prevention,
68	68	40identification, and reporting of child sexual abuse: employees, contractors, and volunteers in the
69	69	41schools or state-operated or state-licensed programs including, but not limited to: school district
70	70	42superintendents, school or program administrators, teachers, professional tutors, counselors,
71	71	43psychologists, social workers and other school mental health professionals, school nurses, Title
72	72	44IX coordinators, professional support personnel, athletic coaches, extracurricular activity
73	73	45advisors, food service workers, janitorial personnel, bus drivers, and school paraprofessionals;
74	74	46and the following employees, contractors and volunteers in youth-serving organizations
75	75	47including, but not limited to: administrators, youth counselors, mental health professionals,
76	76	48athletic coaches, professional support personnel, food service workers, janitorial personnel, and
77	77	49bus drivers. This instruction shall include comprehensive training and information to help
78	78	50schools, programs, and youth-serving organizations and their personnel:
79	79	51 (1) Recognize sexually offending behaviors in adults, and signs in adults that might
80	80	52indicate they pose a sexual risk to children; 4 of 25
81	81	53 (2) Recognize, appropriately respond to, and prevent sexually inappropriate, coercive, or
82	82	54abusive behaviors among children and youth served by schools, programs, and youth-serving
83	83	55organizations;
84	84	56 (3) Recognize behaviors and verbal cues that might indicate a child or youth has been a
85	85	57victim of sexual abuse;
86	86	58 (4) Support the healthy development of students and children and youth and the building
87	87	59of protective factors to mitigate against their sexual victimization by adults or by other children
88	88	60or youth;
89	89	61 (5) Establish and implement school, program, and youth-serving organization policies
90	90	62that support the prevention of sexual abuse through: ongoing training of staff about adult
91	91	63perpetration and child-on-child sexual abuse; comprehensive screening of prospective employees
92	92	64and volunteers; the development of codes of conduct to identify inappropriate or boundary-
93	93	65violating behaviors that if left unchecked could escalate to reportable sexual offenses; the
94	94	66assessment and modification of physical facilities and spaces to reduce opportunities for sexual
95	95	67abuse;
96	96	68 (6) Respond to disclosures of sexual abuse or reports of boundary-violating behaviors of
97	97	69adults or children in a supportive and appropriate manner and which meets mandated reporting
98	98	70requirements under Section 51A of Chapter 119 of the General Laws;
99	99	71 (7) Seek out community resources available to assist schools, programs, and youth-
100	100	72serving organizations in the prevention, identification, reporting and referral to treatment of cases
101	101	73involving the sexual abuse or exploitation of children or youth. 5 of 25
102	102	74 (b) Employees identified in this section shall complete the required training every year.
103	103	75Employees required to undergo continuing professional education shall receive credit toward the
104	104	76continuing professional education requirements where the training program has been approved
105	105	77by the Department of Elementary and Secondary Education.
106	106	78 (c) School Boards, state agencies operating or licensing programs that serve children and
107	107	79youth, and the Boards of Directors of youth-serving organizations shall use tested, research-
108	108	80based instructional materials which meet these requirements and which have been demonstrated
109	109	81to increase the prevention knowledge and skills of those trained. The mode of delivery for the
110	110	82trainings may include in-person or e-learning instruction.
111	111	83 (d) For each year or annual training required under this section, each school, state-
112	112	84operated or state-licensed program, or youth-serving organization shall maintain, until at least the
113	113	85third anniversary of the training, records that include the name of the individuals within their
114	114	86school, program, or organization who participated in the training during that year.
115	115	87 (e) School Boards, state agencies operating or licensing programs that serve children and
116	116	88youth, and the Boards of Directors of youth-serving organizations shall make information about
117	117	89such education and training opportunities available to parents, legal guardians, and other
118	118	90interested persons in the community.
119	119	91 Section 3. Youth Sexual Abuse Education
120	120	92 (a) Every school which serves elementary and secondary school students, every state-
121	121	93operated or state-licensed program serving children and youth, and every youth-serving
122	122	94organization maintained by non-profit or for-profit entities shall provide age-appropriate 6 of 25
123	123	95instruction to help students and children and youth served by such schools, programs, or youth-
124	124	96serving organizations:
125	125	97 (1) Recognize and report boundary-violating behaviors in adults that might indicate they
126	126	98pose a sexual risk to children and youth;
127	127	99 (2) Recognize and report boundary-violating behaviors in other children that might
128	128	100indicate they pose a sexual risk to children and youth;
129	129	101 (3) Learn how to develop healthy and respectful interpersonal relationships, including
130	130	102appropriate body boundaries and privacy rules;
131	131	103 (4) Learn how to communicate effectively to trusted adults any concerns they have about
132	132	104body boundaries or privacy violations; and
133	133	105 (5) Learn about available school and community resources to prevent and respond to
134	134	106sexual abuse.
135	135	107 (b) School Boards, state agencies operating or licensing programs that serve children and
136	136	108youth, and the Boards of Directors of youth-serving organizations shall use tested, research-
137	137	109based instructional materials which meet these requirements and which have been demonstrated
138	138	110to increase the prevention knowledge and skills of those trained. The mode of delivery for the
139	139	111trainings may include in-person or e-learning instruction.
140	140	112 (c) For each year or annual training required under this section, each school, state-
141	141	113operated or state-licensed program, or youth-serving organization shall maintain, until at least the
142	142	114third anniversary of the training, records that include the name of the individuals within their
143	143	115school, program, or organization who participated in the training during that year. 7 of 25
144	144	116 (d) School Boards, state agencies operating or licensing programs that serve children and
145	145	117youth, and the Boards of Directors of youth-serving organizations shall make information about
146	146	118such education and training opportunities available to parents, legal guardians, and other
147	147	119interested persons in the community.
148	148	120 Section 4. Sexual Abuse Prevention Hiring Requirements
149	149	121 (a) In addition to fulfilling the requirements of General Laws Chapter 71, §38R (relating
150	150	122to background checks for employment in schools), before a school or independent contractor
151	151	123may offer employment to an applicant who would be employed by or work in a school in a
152	152	124position involving direct contact with children, the school or independent contractor shall require
153	153	125the applicant to provide:
154	154	126 (1) A list, including name, address, telephone number and other relevant contact
155	155	127information of the applicant, including:
156	156	128 (i) Current employer
157	157	129 (ii) All former employers that were school entities
158	158	130 (iii) All former employers where the applicant was employed in positions that involved
159	159	131contact with children.
160	160	132 (2) A written authorization that consents to and authorizes disclosure by the applicant's
161	161	133current and former employers in subparagraph (1) of the information requested under
162	162	134subparagraph (3) and the release of related records and that releases those employers from
163	163	135liability that may arise from such disclosure or release of records pursuant to this section.
164	164	136 (3) A written statement of whether the applicant: 8 of 25
165	165	137 (i) has been the subject of an abuse or sexual misconduct investigation by any employer,
166	166	138State licensing agency, law enforcement agency or child protective services agency, unless the
167	167	139investigation resulted in a finding that the allegations were false;
168	168	140 (ii) has ever been disciplined, discharged, non-renewed, asked to resign from
169	169	141employment, resigned from or otherwise separated from any employment while allegations of
170	170	142abuse or sexual misconduct were pending or under investigation, or due to an adjudication or
171	171	143findings of abuse or sexual misconduct.; or
172	172	144 (iii) has ever had a license, professional license or certificate suspended, surrendered or
173	173	145revoked while allegations of abuse or sexual misconduct were pending or under investigation, or
174	174	146due to an adjudication or findings of abuse or sexual misconduct.
175	175	147 Material required information shall include all of an applicant’s conduct that is known by
176	176	148the previous employer, regardless of whether the conduct occurred before, on or after the date of
177	177	149the passage of this law.
178	178	150 (b) Before a school or independent contractor may offer employment to an applicant who
179	179	151would be employed by or work in a school in a position involving contact with children, the
180	180	152school or independent contractor shall conduct a review of the employment history of the
181	181	153applicant by contacting those employers listed by the applicant and requesting the following
182	182	154information:
183	183	155 (1) The dates of employment of the applicant.
184	184	156 (2) A statement as to whether the applicant: 9 of 25
185	185	157 (i) was the subject of any abuse or sexual misconduct investigation by any employer,
186	186	158State licensing agency, law enforcement agency or child protective services agency, unless such
187	187	159investigation resulted in a finding that the allegations were false;
188	188	160 (ii) was disciplined, discharged, non-renewed, asked to resign from employment,
189	189	161resigned from or otherwise separated from any employment while allegations of abuse or sexual
190	190	162misconduct were pending or under investigation, or due to an adjudication or findings of abuse
191	191	163or sexual misconduct; or
192	192	164 (iii) has ever had a license, professional license or certificate suspended, surrendered or
193	193	165revoked while allegations of abuse or sexual misconduct were pending or under investigation, or
194	194	166due to an adjudication or findings of abuse or sexual misconduct.
195	195	167 (c) Before a school or independent contractor may offer employment to an applicant who
196	196	168would be employed by or in a school entity in a position involving direct contact with children,
197	197	169the school entity or independent contractor shall check the eligibility for employment or
198	198	170certification status of the applicant to determine whether the applicant holds valid and active
199	199	171certification appropriate for the position and is otherwise eligible for employment and whether
200	200	172the applicant has been the subject of professional discipline.
201	201	173 (d) An applicant who provides false information or willfully fails to disclose material
202	202	174required information shall be subject to discipline up to, and including, termination or denial of
203	203	175employment and may be subject to professional discipline in accordance with the regulations of
204	204	176the Department of Elementary and Secondary Education. 10 of 25
205	205	177 (e) No later than twenty (20) days after receiving a request for required information, an
206	206	178employer that has or had an employment relationship with the applicant shall disclose the
207	207	179information requested.
208	208	180 (1) The employer shall disclose the information on a standardized form developed by the
209	209	181Department of Elementary and Secondary Education.
210	210	182 (2) After reviewing the information initially disclosed under Chapter __, section 2(a) and
211	211	183finding an affirmative response to subsection (3) (i), (ii) or (iii), or disclosed under section 2(b)
212	212	184and finding an affirmative response to subsection (2) (i) (ii) or (ii0), where the prospective
213	213	185employing school or contractor makes a determination to further consider the applicant for
214	214	186employment, the school or contractor shall request that former employers provide any additional
215	215	187material information about the matters disclosed and all related records.
216	216	188 (3) Former employers shall provide the additional information requested no later than
217	217	189sixty (60) days after the prospective employer's request under this paragraph.
218	218	190 (4) Information received under this section shall not be deemed a public record for the
219	219	191purposes of General Laws Chapter 66, §10.
220	220	192 (5) A school that receives the information under this subsection may use the information
221	221	193for the purpose of evaluating an applicant's fitness to be hired or for continued employment and
222	222	194may report the information as appropriate to the Department of Elementary and Secondary
223	223	195Education, a State licensing agency, law enforcement agency, child protective services agency,
224	224	196another school, and/or prospective employer. 11 of 25
225	225	197 (f) A school or independent contractor may hire an applicant on a provisional basis for a
226	226	198period not to exceed ninety (90) days pending the school entity's or independent contractor’s
227	227	199review of information and records received under this section, provided that all of the following
228	228	200are satisfied:
229	229	201 (1) The applicant has provided all of the information and supporting documentation
230	230	202required.
231	231	203 (2) The school administrator has no knowledge of information pertaining to the applicant
232	232	204that would disqualify the applicant from employment.
233	233	205 (3) The applicant swears or affirms that the applicant is not disqualified from
234	234	206employment.
235	235	207 (4) The applicant is not permitted to work alone with children and works in the
236	236	208immediate vicinity of a permanent employee.
237	237	209 (g) A school or independent contractor may not enter into a collective bargaining
238	238	210agreement, an employment contract, an agreement for resignation or termination, a severance
239	239	211agreement or any other contract or agreement or take any action that:
240	240	212 (1) has the effect of suppressing information relating to an investigation of a report of
241	241	213suspected abuse or sexual misconduct by a current or former employee;
242	242	214 (2) affects the ability of the school or independent contractor to report suspected abuse or
243	243	215sexual misconduct to the appropriate authorities; or
244	244	216 (3) requires the school or independent contractor to expunge information about
245	245	217allegations or findings of suspected abuse or sexual misconduct from any documents maintained 12 of 25
246	246	218by the school or independent contractor, unless after investigation the allegations are found to be
247	247	219false.
248	248	220 (4) Any provision of an employment contract or agreement for resignation or termination
249	249	221or a severance agreement that is executed, amended or entered into after the effective date of this
250	250	222section and that is contrary to this section shall be void and unenforceable. Any provision of such
251	251	223contract or agreement executed, amended or entered into prior to the effective date of this section
252	252	224and that is contrary to this section shall be void and unenforceable.
253	253	225 (h) For substitute employees, the employment history review required by this section
254	254	226shall be required only prior to the initial hiring of a substitute or placement on the school entity's
255	255	227approved substitute list and shall remain valid as long as the substitute continues to be employed
256	256	228by the same school entity or remains on the school entity's approved substitute list.
257	257	229 (1) A substitute seeking to be added to another school entity's substitute list shall
258	258	230undergo a new employment history review. The appearance of a substitute on one school entity's
259	259	231substitute list does not relieve another school entity from compliance with this section.
260	260	232 (2) An employment history review conducted upon initial hiring of a substitute employee
261	261	233by an independent contractor, intermediate unit or any other entity that furnishes substitute
262	262	234staffing services to school entities shall satisfy the requirements of this section for all school
263	263	235entities using the services of that independent contractor, intermediate unit or other entity.
264	264	236 (3) An independent contractor, intermediate unit or any other entity furnishing substitute
265	265	237staffing services to school entities shall comply with the provisions of this Act. 13 of 25
266	266	238 (4) For purposes of this subsection, "substitute employee" shall not mean school bus
267	267	239drivers employed by an independent contractor.
268	268	240 (i) For employees of independent contractors, the employment history review required
269	269	241by this section shall be performed, either at the time of the initial hiring of the employee or prior
270	270	242to the assignment of an existing employee to perform work for a school entity in a position
271	271	243involving direct contact with children. The review shall remain valid as long as the employee
272	272	244remains employed by that same independent contractor, even though assigned to perform work
273	273	245for other school entities.
274	274	246 (1) An independent contractor shall maintain records documenting employment history
275	275	247reviews for all employees as required by this section and, upon request, shall provide a school
276	276	248entity for which an employee is assigned to perform work access to the records pertaining to that
277	277	249employee.
278	278	250 (2) Prior to assigning an employee to perform work for a school in a position involving
279	279	251direct contact with children, the independent contractor shall inform the school of any instance
280	280	252known to the independent contractor in which the employee:
281	281	253 (i) was the subject of any abuse or sexual misconduct investigation by any employer,
282	282	254State licensing agency, law enforcement authority or child protective services agency, unless
283	283	255such investigation resulted in a finding that allegations are false;
284	284	256 (ii) has ever been disciplined, discharged, non-renewed, removed from a substitute list,
285	285	257asked to resign from employment, resigned from or otherwise separated from any employment
286	286	258while allegations of abuse or sexual misconduct as described in subparagraph (i) were pending or
287	287	259under investigation, or due to an adjudication or findings of abuse or sexual misconduct;; or 14 of 25
288	288	260 (iii) has ever had a license, professional license or certificate suspended, surrendered or
289	289	261revoked while allegations of abuse or sexual misconduct were pending or under investigation, or
290	290	262due to an adjudication or findings of abuse or sexual misconduct.
291	291	263 (3) The independent contractor may not assign the employee to perform work for the
292	292	264school in a position involving direct contact with children where the school objects to the
293	293	265assignment after being informed of an instance of abuse or sexual misconduct.
294	294	266 (4) An applicant who has once undergone the employment history review required and
295	295	267seeks to transfer to or provide services to another school in the same district, diocese or religious
296	296	268judicatory or established and supervised by the same organization shall not be required to obtain
297	297	269additional reports before making such transfer.
298	298	270 (j) An employer, school, school administrator or independent contractor who in good
299	299	271faith provides information or records including personnel records about a current or former
300	300	272employee’s job performance and professional conduct to a prospective school employer or to the
301	301	273Department of Elementary of Secondary Education shall be immune from criminal and civil
302	302	274liability for the disclosure or any consequences of the disclosure, unless the information or
303	303	275records were provided with the knowledge that they were false . Such immunity shall be in
304	304	276addition to and not in limitation of any other immunity provided by law or any absolute or
305	305	277conditional privileges applicable to such disclosures by virtue of the circumstances or the
306	306	278applicant's consent thereto.
307	307	279 (1) Except where the laws of other states prevent the release of the information or
308	308	280records requested, or disclosure is restricted by the terms of a contract entered into prior to the
309	309	281effective date of this section, the willful failure of a former employer, school entity, school 15 of 25
310	310	282administrator or independent contractor to respond or provide the information and records as
311	311	283requested may result in civil penalties, and professional discipline where appropriate.
312	312	284 (2) Notwithstanding any provision of law to the contrary, an employer, school, school
313	313	285administrator, independent contractor or applicant shall report and disclose in accordance with
314	314	286this section all relevant information, records and documentation that may otherwise be
315	315	287confidential under General Laws Chapter 66, §10.
316	316	288 (3) A school or independent contractor may not hire an applicant who does not provide
317	317	289the information required under SECTION 4. (ii) (A), (B), or (C) for a position involving contact
318	318	290with children.
319	319	291 (k) Nothing in this section shall be construed:
320	320	292 (1) To prevent a prospective employer from conducting further investigations of
321	321	293prospective employees or from requiring applicants to provide additional background
322	322	294information or authorizations beyond what is required under this section, nor to prevent a former
323	323	295employer from disclosing more information than what is required under this section.
324	324	296 (2) To relieve a school, school administrator or independent contractor of its legal
325	325	297responsibility to report suspected incidents of abuse in accordance with the provisions of Chapter
326	326	298119, section 51A or misconduct by a licensed educator in accordance with the reporting
327	327	299requirements of the Department of Elementary and Secondary Education.
328	328	300 (3) To relieve a school, school administrator or independent contractor of its legal
329	329	301responsibility to report suspected incidents of professional misconduct in accordance with 16 of 25
330	330	302Chapter 119, section 51A or misconduct by a licensed educator in accordance with the reporting
331	331	303requirements of the Department of Elementary and Secondary Education.
332	332	304 (4) To prohibit the right of the exclusive representative under a collective bargaining
333	333	305agreement to grieve and arbitrate the validity of an employee's termination or discipline for just
334	334	306cause or for the causes set forth in this act.
335	335	307 (5) The Department of Elementary and Secondary Education shall have jurisdiction to
336	336	308determine willful violations of this section and may, following a hearing, assess a civil penalty
337	337	309not to exceed ten thousand dollars ($10,000). School entities shall be barred from contracting
338	338	310with an independent contractor who is found to have willfully violated the provisions of this
339	339	311section.
340	340	312 (6) Notwithstanding any provision of law to the contrary, the Department of Elementary
341	341	313and Secondary Education may initiate disciplinary action before a hearing officer pursuant its
342	342	314regulations, against any applicant, employee, independent contractor or school administrator for
343	343	315willful violations of this section.
344	344	316 (7) The Department of Elementary and Secondary Education may adopt rules and
345	345	317regulations establishing procedures relating to disciplinary proceedings and the assessment of
346	346	318penalties in connection with this section.
347	347	319 Section 5. Responsibilities of the MA Department of Elementary and Secondary
348	348	320Education
349	349	321 (1) Access to Information 17 of 25
350	350	322 At any stage of an investigation or proceeding conducted within the scope of the
351	351	323Department’s authority, the Commissioner may request and shall receive from school districts
352	352	324and any public or private school in the Commonwealth, including an approved private school for
353	353	325special education, any and all relevant information and documents relating to the investigation or
354	354	326proceeding. Such information and documents includes but is not limited to complete personnel
355	355	327records, student records, and investigatory records.
356	356	328 (2) Subpoenas
357	357	329 At any stage of an investigation or proceeding conducted within the scope of the
358	358	330Department’s authority, the Commissioner or the Commissioner’s designee may issue a
359	359	331subpoena or a subpoena duces tecum to summon a witness or to compel the production of
360	360	332documents not otherwise subject to this section. An individual who holds or is seeking a
361	361	333Massachusetts educator license under G.L. c. 71, section 38G, is deemed to have sufficient
362	362	334contacts with the Commonwealth to confer jurisdiction pursuant to G.L. c. 223A, section 3.
363	363	335 (3) Required Reporting
364	364	336 Notwithstanding any other provision of law to the contrary, the Commissioner or the
365	365	337Commissioner’s designee shall report to the National Association of State Directors of Teacher
366	366	338Education and Certification Clearinghouse or any national databases serving the same purpose,
367	367	339all information required for participation in such a clearinghouse.
368	368	340 (4) Protection from Liability
369	369	341 No person who files a complaint, reports alleged wrongdoing or provides information
370	370	342about a licensed educator or an applicant for licensure to the Commissioner or who assists the 18 of 25
371	371	343Commissioner at his request in discharging his duties and functions shall be liable in any cause
372	372	344of action arising out of the provision of such information or assistance if the person acted in good
373	373	345faith and without malice.
374	374	346 SECTION 3. Clause (i) of section 21 of Chapter 119 of the General Laws, as appearing
375	375	347in the 2022 Official Edition, shall be amended by inserting after the word “counselor,” in line 53,
376	376	348the following words:- “domestic violence worker,”
377	377	349 SECTION 4. Clause (ii) of said section 21 of Chapter 119 shall be further amended by
378	378	350inserting after the word “counselor,” in line 55, the following words:- “volunteer athletic coach,
379	379	351professional athletic coach, professional tutor,” and;
380	380	352 SECTION 5. Clause (iii) of said section 21 of Chapter 119 shall be further amended by
381	381	353inserting after the word “officer” in line 64, the following words:- ", animal control or humane
382	382	354officer, commercial film or photo processor, information technology repair or service personnel"
383	383	355 SECTION 6. Subsection (a) of section 51A of Chapter 119 of the General Laws, as
384	384	356appearing in the 2022 Official Edition, shall be amended by inserting after the word “neglect.”,
385	385	357in line 19, the following:-
386	386	358 A school or mandated reporter who has reasonable cause to believe that a person who is
387	387	359alleged to have sexually abused a child in the past, presently represents a credible threat to a
388	388	360child under the age of eighteen years, shall have the same reporting obligations under this
389	389	361section. 19 of 25
390	390	362 SECTION 7. Section 51A of Chapter 119 of the General Laws, as most recently amended
391	391	363by Section 10 of Chapter 178 of the Acts of 2011, shall be amended by inserting after the second
392	392	364paragraph of subsection (a) the following paragraphs:
393	393	365 The supervisor or person in charge in an institution, who is designated to receive reports
394	394	366of suspected child abuse from individual mandated reporters, is responsible for confirming with
395	395	367that reporter that the institution filed a formal report with the department or appropriate law
396	396	368enforcement agency and did so within the required time period.
397	397	369 If the institution fails to report the suspected abuse to the department, the supervisor or
398	398	370person in charge in the institution shall notify the individual reporter of that decision so that the
399	399	371individual reporter who discovered or suspects the abuse may meet their legal responsibility to
400	400	372file a direct report with the department or appropriate law enforcement agency.
401	401	373 SECTION 8. Subsection (c) of said section 51A of Chapter 119 shall be amended by
402	402	374inserting after the word “injury”, in line 42, the following words:- ", a sexual assault, or"
403	403	375 SECTION 9. Said subsection (c) of section 51A of Chapter 119 shall be amended by
404	404	376inserting after the word “paragraph.”, in line 48, the following:-
405	405	377 Any corporation or other institution which employs a mandated reporter who fails to
406	406	378make a report required by this section, shall be punished by a fine of not more than one hundred
407	407	379thousand dollars. It shall be a defense to any prosecution under this section that the corporation
408	408	380or other institution has complied with the requirements of subsection (k).
409	409	381 SECTION 10. Section 7 of said chapter 18B, is hereby amended by adding at the end
410	410	382thereof the following subsection:- 20 of 25
411	411	383 (o) The commissioner, in consultation with the child advocate and other agencies the
412	412	384commissioner deems relevant, including, but not limited to, the Massachusetts District Attorneys
413	413	385Association, the Massachusetts chapter of the National Association of Social Workers, the
414	414	386Massachusetts Medical Society, the Massachusetts Teachers’ Association, the American
415	415	387Federation of Teachers, and private child service providers shall, if available, adapt, implement
416	416	388and maintain from another state agency or from any suitable program already in use in another
417	417	389state a free standardized online training program to be completed by all mandated reporters as
418	418	390defined in section 21 of chapter 119, and as referenced in section 51A(k) of chapter 119;
419	419	391provided, however, that if the commissioner cannot find an existing program to adapt to this
420	420	392purpose, then the commissioner shall create, implement, maintain and update such an online
421	421	393training program.
422	422	394 SECTION 11. Said chapter 119 is hereby further amended by striking out subsection (k)
423	423	395of section 51A, as so appearing, and inserting in place thereof the following paragraph:-
424	424	396 (k) A mandated reporter shall successfully complete the training referenced in section
425	425	3972(e) of chapter 18C by July 1, 2026, and every year thereafter to recognize and report suspected
426	426	398child abuse and neglect. Beginning on July 1, 2025, any mandated reporter who applies for or
427	427	399renews a professional license shall provide evidence of successful completion of this training.
428	428	400Successful completion of this training may be used towards continuing education unit
429	429	401requirements. All corporations and other institutions, which employ mandated reporters not
430	430	402professionally licensed by the commonwealth, shall institute a program to implement the
431	431	403reporting requirements of this section. 21 of 25
432	432	404 SECTION 12. Section 85K of Chapter 231 appearing in the 2022 Official Edition, is
433	433	405hereby amended by inserting after the word "care," in line 11, the following:-
434	434	406 or in a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of
435	435	407chapter 260,
436	436	408 SECTION 13. Section 85V of said Chapter 231 is hereby amended by inserting after
437	437	409clause (iii) the following clause:-
438	438	410 (iv) a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of
439	439	411chapter 260.
440	440	412 SECTION 14. Section 85W of said Chapter 231 is hereby amended by inserting after
441	441	413the word “automobile”, in line 20, the following words:-
442	442	414 or in a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of
443	443	415chapter 260
444	444	416 SECTION 15. Subsection (j) of section 10 of Chapter 258 of the General Laws, as
445	445	417appearing in the 2022 Official Edition, is hereby amended by inserting after paragraph (4), the
446	446	418following paragraph:-
447	447	419 (5) any claim by or on behalf of a person who alleges that he was sexually abused as a
448	448	420child, as that term is defined in section 4C of chapter 260.
449	449	421 SECTION 16. Section 2 of Chapter 258C of the General Laws, as appearing in the 2022
450	450	422Official Edition, is hereby amended by inserting after subsection (b), the following subsection:- 22 of 25
451	451	423 (b1) In the case of a claimant who was sexually abused as a minor, such good cause shall
452	452	424include the report of a duly licensed mental health professional stating an opinion that the
453	453	425claimant did not make the connection between the sexual abuse and the harm suffered by the
454	454	426claimant at the time the abuse occurred, and that claimant's failure to make the connection was
455	455	427consistent with the typical responses by such victims of childhood sexual abuse.
456	456	428 SECTION 17. Subsection (a) of section 5 of said Chapter 258C is hereby amended by
457	457	429inserting after section paragraph (1) the following paragraph:-
458	458	430 (1A) In the case of a claimant who was sexually abused as a minor, said three years shall
459	459	431commence to run when the claimant first makes the connection between the sexual abuse and the
460	460	432harm suffered by the claimant as a result. The report of a duly licensed mental health
461	461	433professional stating an opinion as to the date when the claimant first made the connection
462	462	434between the sexual abuse and the harm suffered by the claimant, and that the claimant's failure to
463	463	435make the connection prior to that date was consistent with the typical responses by such victims
464	464	436of childhood sexual abuse, shall be prima facie evidence in all proceedings under this chapter.
465	465	437 SECTION 18. Chapter 268 of the General Laws, as appearing in the 2022 Official
466	466	438Edition, is hereby amended by inserting after section 21B the following section:-
467	467	439 Section 21C. Any person who is sexually abused by an employee or contractor with any
468	468	440public or private school, or the department of youth services, the department of children and
469	469	441families, the department of mental health, the department of developmental services, or any
470	470	442private institution providing services to clients of such departments, and who, in the course of
471	471	443such employment or contract or as a result thereof, engages in sexual abuse of a person under the
472	472	444age of 19, or under the age of 22 under Chapter 71B, who has not received a high school 23 of 25
473	473	445diploma, a general educational development certificate, or an equivalent document and who is
474	474	446served by such school, department or institution, within or outside of such school, department or
475	475	447institution, shall have a cause of action against such an employee or contractor, under chapter
476	476	448260, section 4C. In a civil action commenced under said section, a person served by such
477	477	449school, department or institution shall be deemed incapable of consent to sexual relations with
478	478	450such an employee or contractor.
479	479	451 Any person who is employed or contracted by a college or university, and who, in the
480	480	452course of such employment or as a result thereof, engages in sexual abuse of a person who is 19
481	481	453years of age or under who has not received a high school diploma, a general educational
482	482	454development certificate or an equivalent document and who is enrolled in or attending the
483	483	455college or university at which the person is employed, shall have a cause of action against such
484	484	456an employee or contractor, under chapter 260, section 4C.
485	485	457 SECTION 19. Said Chapter 268 is hereby amended by inserting after section 21A the
486	486	458following section:-
487	487	459 Section 21B. Any person who is employed by or contracts with any public or private
488	488	460school, or the department of youth services, the department of children and families, the
489	489	461department of mental health, the department of developmental services, or any private institution
490	490	462providing services to clients of such departments, and who, in the course of such employment or
491	491	463contract or as a result thereof, engages in sexual abuse of a person under the age of 19, or under
492	492	464the age of 22 under Chapter 71B, who has not received a high school diploma, a general
493	493	465educational development certificate, or an equivalent document and who is served by such
494	494	466school, department or institution, within or outside of such school, department or institution, 24 of 25
495	495	467shall be punished by imprisonment for not more than five years in a state prison or by a fine of
496	496	468$10,000 or both. In a prosecution commenced under this section, an individual served by such
497	497	469school, department or institution shall be deemed incapable of consent to sexual relations with
498	498	470such person. For purposes of this section, sexual relations shall be defined as that term is used of
499	499	471chapter 260, section 4C.
500	500	472 Any person who is employed or contracted by an institution of higher learning, and who,
501	501	473in the course of such employment or as a result thereof, engages in sexual abuse of a person who
502	502	474is 19 years of age or under who has not received a high school diploma, a general educational
503	503	475development certificate, or an equivalent document and who is enrolled in or attending the
504	504	476college or university at which the person is employed, shall be punished by imprisonment for not
505	505	477more than five years in a state prison or by a fine of $10,000 or both. . In a prosecution
506	506	478commenced under this section, an individual served by such institution shall be deemed
507	507	479incapable of consent to sexual relations with such person. For purposes of this section, sexual
508	508	480relations shall be defined as that term is used of chapter 260, section 4C.
509	509	481 SECTION 20. Chapter 265 of the General Laws, as appearing in the 2012 Official
510	510	482Edition, is hereby amended by striking out section 13B and inserting in place thereof the
511	511	483following: -
512	512	484 Section 13B. Whoever commits an indecent assault and battery on a minor under the age
513	513	485of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by
514	514	486imprisonment in the house of correction for not more than 2½ years. A prosecution commenced
515	515	487under this section shall neither be continued without a finding nor placed on file. In a prosecution
516	516	488under this section, a minor under the age of 15 years shall be deemed incapable of consenting to 25 of 25
517	517	489any conduct of the defendant for which such defendant is being prosecuted unless: (a) The
518	518	490defendant is no more than 3 years older than the minor; or (b) The defendant is no more than 2
519	519	491years older than the minor if the minor is under 12 years of age.
520	520	492 Notwithstanding the provisions of section 54 of Chapter 119 or any other general or
521	521	493special law to the contrary, in a prosecution under this section in which the defendant is under 18
522	522	494years of age at the time of the offense, the Commonwealth shall only proceed by complaint in
523	523	495juvenile court or in a juvenile session of a district court.
524	524	496 SECTION 21. Said chapter 265, as so appearing, is hereby amended by striking out
525	525	497section 23 and inserting in place thereof the following:-
526	526	498 Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor
527	527	499under 16 years of age and: (a) The defendant is more than 4 years older than the minor, or (b)
528	528	500The minor is under 15 years of age and the defendant is more than 3 years older than the minor;
529	529	501or (c) The minor is under 12 years of age and the defendant is more than 2 years older than the
530	530	502minor, shall be punished by imprisonment in the state prison for life or for any term of years, or,
531	531	503except as otherwise provided, for any term in a jail or house of correction, provided, however,
532	532	504that a prosecution commenced under this section shall not be placed on file or continued without
533	533	505a finding.
534	534	506 Notwithstanding the provisions of section 54 of Chapter 119 or any other general or
535	535	507special law to the contrary, in a prosecution under this section in which the defendant is under 18
536	536	508years of age at the time of the offense, the commonwealth shall only proceed by complaint in
537	537	509juvenile court or in a juvenile session of a district court.
538	538	510 SECTION 22. This Act shall take effect on December 31, 2025.