Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1833 Compare Versions

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22 HOUSE DOCKET, NO. 2352 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1833
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John J. Lawn, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act enhancing remedies for survivors of childhood sexual abuse.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/16/2025 1 of 2
1616 HOUSE DOCKET, NO. 2352 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1833
1818 By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1833) of
1919 John J. Lawn, Jr. relative to remedies for survivors of childhood sexual abuse. The Judiciary.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act enhancing remedies for survivors of childhood sexual abuse.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2022
2929 2Official Edition, is hereby amended by inserting after the word “costs”, in line 12, the following
3030 3words:- provided, however, that all claims of sexual abuse of a minor, as defined in section 4C of
3131 4chapter 260, shall not be subject to a limitation on damages.
3232 5 SECTION 2. Section 2 of chapter 258 of the General Laws, as so appearing, is hereby
3333 6amended by inserting after the word “damages”, in line 12, the following words:- ; provided
3434 7further that all claims of sexual abuse of a minor, as defined in section 4C of chapter 260, shall
3535 8not be subject to a $100,000 limitation on damages.
3636 9 SECTION 3. Subsection (j) of section 10 of said chapter 258, as so appearing, is hereby
3737 10amended by inserting after paragraph (4) the following paragraph:- (5) any claim of sexual abuse
3838 11of a minor, as defined in section 4C of chapter 260, by a public employee or contractor. 2 of 2
3939 12 SECTION 4. Section 4C of chapter 260 of the General Laws, as so appearing, is hereby
4040 13amended by striking out the first paragraph and inserting in place thereof the following
4141 14paragraph:-
4242 15 Actions of tort alleging the defendant sexually abused a minor may be commenced at any
4343 16time after the acts alleged to have caused an injury or condition.
4444 17 SECTION 5. Said chapter 260 is hereby further amended by striking out section 4C1/2,
4545 18as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
4646 19 Section 4C½. An action of tort alleging that the defendant negligently supervised a
4747 20person who sexually abused a minor or that the defendant’s conduct caused or contributed to the
4848 21sexual abuse of a minor by another person may be commenced at any time after the acts alleged
4949 22to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have
5050 23the same meaning as in section 4C.
5151 24 SECTION 6. Sections 4C and 4C1/2 of chapter 260 of the General Laws shall apply
5252 25regardless of when acts alleged to have caused an injury or condition to a minor shall have
5353 26accrued and regardless of whether it may have lapsed or would otherwise be barred by time
5454 27under any law of the commonwealth. In an action based on sexual abuse against a minor that
5555 28would have been barred by time under any law of the commonwealth in effect before the
5656 29effective date of this act, damages may be awarded against an entity that employed or supervised
5757 30the person who allegedly committed the sexual abuse only if there is a finding of negligence on
5858 31the part of the entity.