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SENATE DOCKET, NO. 1492 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1193
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 removing the charitable immunity cap.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 1
SENATE DOCKET, NO. 1492 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1193
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1193) of Mark C. Montigny for
legislation relative to the limitation of tort liability on charitable organizations. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1064 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 removing the charitable immunity cap.
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 85K of chapter 231 of the General Laws, as appearing in the 2022 official
2edition, is hereby amended by striking out the first paragraph and inserting in place thereof the
3following sentence:-
4 "It shall not constitute a defense to any cause of action based on tort brought against a
5corporation, trustees of a trust, or members of an association that said corporation, trust, or
6association is, or at the time the cause of action arose was, a charity.".