Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1169 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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