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2 | 2 | | HOUSE DOCKET, NO. 2352 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1833 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | John J. Lawn, Jr. |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act enhancing remedies for survivors of childhood sexual abuse. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2352 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1833 |
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18 | 18 | | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1833) of |
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19 | 19 | | John J. Lawn, Jr. relative to remedies for survivors of childhood sexual abuse. The Judiciary. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act enhancing remedies for survivors of childhood sexual abuse. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2022 |
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29 | 29 | | 2Official Edition, is hereby amended by inserting after the word “costs”, in line 12, the following |
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30 | 30 | | 3words:- provided, however, that all claims of sexual abuse of a minor, as defined in section 4C of |
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31 | 31 | | 4chapter 260, shall not be subject to a limitation on damages. |
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32 | 32 | | 5 SECTION 2. Section 2 of chapter 258 of the General Laws, as so appearing, is hereby |
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33 | 33 | | 6amended by inserting after the word “damages”, in line 12, the following words:- ; provided |
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34 | 34 | | 7further that all claims of sexual abuse of a minor, as defined in section 4C of chapter 260, shall |
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35 | 35 | | 8not be subject to a $100,000 limitation on damages. |
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36 | 36 | | 9 SECTION 3. Subsection (j) of section 10 of said chapter 258, as so appearing, is hereby |
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37 | 37 | | 10amended by inserting after paragraph (4) the following paragraph:- (5) any claim of sexual abuse |
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38 | 38 | | 11of a minor, as defined in section 4C of chapter 260, by a public employee or contractor. 2 of 2 |
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39 | 39 | | 12 SECTION 4. Section 4C of chapter 260 of the General Laws, as so appearing, is hereby |
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40 | 40 | | 13amended by striking out the first paragraph and inserting in place thereof the following |
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41 | 41 | | 14paragraph:- |
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42 | 42 | | 15 Actions of tort alleging the defendant sexually abused a minor may be commenced at any |
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43 | 43 | | 16time after the acts alleged to have caused an injury or condition. |
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44 | 44 | | 17 SECTION 5. Said chapter 260 is hereby further amended by striking out section 4C1/2, |
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45 | 45 | | 18as appearing in the 2022 Official Edition, and inserting in place thereof the following section:- |
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46 | 46 | | 19 Section 4C½. An action of tort alleging that the defendant negligently supervised a |
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47 | 47 | | 20person who sexually abused a minor or that the defendant’s conduct caused or contributed to the |
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48 | 48 | | 21sexual abuse of a minor by another person may be commenced at any time after the acts alleged |
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49 | 49 | | 22to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have |
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50 | 50 | | 23the same meaning as in section 4C. |
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51 | 51 | | 24 SECTION 6. Sections 4C and 4C1/2 of chapter 260 of the General Laws shall apply |
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52 | 52 | | 25regardless of when acts alleged to have caused an injury or condition to a minor shall have |
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53 | 53 | | 26accrued and regardless of whether it may have lapsed or would otherwise be barred by time |
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54 | 54 | | 27under any law of the commonwealth. In an action based on sexual abuse against a minor that |
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55 | 55 | | 28would have been barred by time under any law of the commonwealth in effect before the |
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56 | 56 | | 29effective date of this act, damages may be awarded against an entity that employed or supervised |
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57 | 57 | | 30the person who allegedly committed the sexual abuse only if there is a finding of negligence on |
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58 | 58 | | 31the part of the entity. |
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