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SENATE DOCKET, NO. 982 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1188
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 extending the statute of limitations for certain actions involving international human
rights abuses.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3
SENATE DOCKET, NO. 982 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1188
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1188) of Mark C. Montigny for
legislation to extend the statute of limitations for certain actions involving international human
rights abuses. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1062 OF 2023-2024.]
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 extending the statute of limitations for certain actions involving international human
rights abuses.
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 4D of chapter 260, as appearing in the 2020 Official Edition, is
2hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the
3following subsection:-
4 (b) A civil action for trafficking of persons for forced labor or services or sexual
5servitude shall be commenced within 10 years of the date on which the human trafficking victim
6was freed from human trafficking or, if the victim was a child during the commission of the
7offense, within 10 years after the date the plaintiff attains the age of 18.
8 SECTION 2. Said chapter 260 is hereby further amended by inserting after section 36 the
9following 3 sections:- 2 of 3
10 Section 37. (a) Except as otherwise provided, the following actions shall be commenced
11within 10 years next after the cause of action accrues:
12 (i) an action of tort for assault or battery where the conduct constituting the tort shall
13constitute: (A) an act of torture as defined in 18 U.S.C. § 2340(1); (B) an act of genocide as
14provided in 18 U.S.C. § 1091; (C) a war crime as defined in 18 U.S.C. § 2441(c); or (D) an
15attempted extrajudicial killing as defined in § 3(a) of the federal Torture Victim Protection Act
16of 1991, Pub. L. 102–256; (E) crimes against humanity as defined in section 38 of said chapter
17260;
18 (ii) an action for wrongful death where the death arises out of conduct listed in clause (i)
19or an “extrajudicial killing” as defined in said § 3(a) of said Torture Victim Protection Act of
201991, Pub. L. 102–256;
21 (iii) an action for trafficking of persons for forced labor or services or sexual servitude
22brought under section 4D;
23 (iv) an action for the taking of property in violation of international law where the
24property or any property exchanged for the property is: (A) present in the United States in
25connection with a commercial activity conducted in the United States by the foreign state; or (B)
26(B) owned or operated by an agency or instrumentality of a foreign state and the agency or
27instrumentality is engaged in a commercial activity in the United States; or
28 (v) an action seeking benefits under an insurance policy where the insurance claim arises
29out of conduct listed in subsections (a) to (d), inclusive. 3 of 3
30 (b) Pursuant to section 19, an action brought under this section that fails to comply with a
31previously applicable statute of limitations shall not be dismissed.
32 (c) All other statutory and equitable grounds for tolling shall apply to an action brought
33under this section and nothing in this section shall be construed to limit the applicability of other
34grounds of statutory or equitable tolling that may extend limitations periods for more than 10
35years.
36 Section 38. “Crimes against humanity” shall mean any of the following acts as part of a
37widespread or systematic attack directed against a civilian population, with knowledge of the
38attack: murder; extermination; enslavement; forcible transfer of population; arbitrary detention;
39rape; sexual slavery; enforced prostitution; forced pregnancy; forced sterilization; persecution on
40political, racial, national, ethnic, cultural, religious, or gender grounds; enforced disappearance
41of persons; or other grave inhumane acts intentionally causing great suffering or serious physical
42or psychological injury.
43 Section 39. For an action where the applicable statute of limitations is provided in section
4437, a prevailing plaintiff may be awarded reasonable attorneys’ fees and costs including, but not
45limited to, expert witness fees and expenses.
46 SECTION 3. This act shall apply retroactively.