Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1169 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1584 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1169
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 enhancing remedies for survivors of childhood sexual abuse.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexWilliam N. BrownsbergerSuffolk and Middlesex1/31/2025Jacob R. OliveiraHampden, Hampshire and Worcester3/5/2025Susannah M. Whipps2nd Franklin3/5/2025 1 of 3
16	16	SENATE DOCKET, NO. 1584 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1169
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1169) of Joan B. Lovely, William
19	19	N. Brownsberger, Jacob R. Oliveira and Susannah M. Whipps for legislation to ensure that
20	20	survivors of childhood sexual abuse shall not be subject to a limitation on damages. The
21	21	Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act enhancing remedies for survivors of childhood sexual abuse.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after the word “costs”, in line 12, the following
32	32	3words:- provided, however, that all claims of sexual abuse of a minor, as defined in section 4C of
33	33	4chapter 260, shall not be subject to a limitation on damages.
34	34	5 SECTION 2. Section 2 of chapter 258 of the General Laws, as so appearing, is hereby
35	35	6amended by inserting after the word “damages”, in line 12, the following words:- ; provided
36	36	7further that all claims of sexual abuse of a minor, as defined in section 4C of chapter 260, shall
37	37	8not be subject to a $100,000 limitation on damages.
38	38	9 SECTION 3. Subsection (j) of section 10 of said chapter 258, as so appearing, is hereby
39	39	10amended by inserting after paragraph (4) the following paragraph:- (5) any claim of sexual abuse
40	40	11of a minor, as defined in section 4C of chapter 260, by a public employee or contractor. 2 of 3
41	41	12 SECTION 4. Section 4C of chapter 260 of the General Laws, as so appearing, is hereby
42	42	13amended by striking out the first paragraph and inserting in place thereof the following
43	43	14paragraph:-
44	44	15 Actions of tort alleging the defendant sexually abused a minor may be commenced at any
45	45	16time after the acts alleged to have caused an injury or condition.
46	46	17 SECTION 5. Said chapter 260 is hereby further amended by striking out section 4C1/2,
47	47	18as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
48	48	19 Section 4C½. An action of tort alleging that the defendant negligently supervised a
49	49	20person who sexually abused a minor or that the defendant’s conduct caused or contributed to the
50	50	21sexual abuse of a minor by another person may be commenced at any time after the acts alleged
51	51	22to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have
52	52	23the same meaning as in section 4C.
53	53	24 SECTION 6. Sections 4C and 4C1/2 of chapter 260 of the General Laws shall apply
54	54	25regardless of when acts alleged to have caused an injury or condition to a minor shall have
55	55	26accrued and regardless of whether it may have lapsed or would otherwise be barred by time
56	56	27under any law of the commonwealth. In an action based on sexual abuse against a minor that
57	57	28would have been barred by time under any law of the commonwealth in effect before the
58	58	29effective date of this act, damages may be awarded against an entity that employed or supervised
59	59	30the person who allegedly committed the sexual abuse only if there is a finding of negligence on
60	60	31the part of the entity. 3 of 3
61	61	32 SECTION 7. Changes in the law made by Sections 1 – 6 above shall apply retroactively
62	62	33to childhood sexual abuse that occurred prior to the effective date of this act, irrespective of any
63	63	34statute of limitations in effect at the time the abuse occurred.
64	64	35 SECTION 8. These Acts shall take effect July 31, 2026.