1 of 1 SENATE DOCKET, NO. 1584 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 1169 The Commonwealth of Massachusetts _________________ PRESENTED BY: Joan B. Lovely _________________ 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. _______________ 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 _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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.