Mr. JONES of NORTH READING, Ms. ROGENESS of LONGMEADOW, Mr. PETERSON of GRAFTON, Mr. LEPPER of ATTLEBORO and Mr. DEMACEDO of PLYMOUTH move that the bill be amended by adding the following sections: —

SECTION  X. Section 85K of Chapter 231 of the General Laws, as appearing in the 2004 Official Edition, shall be amended by adding at the end thereof the following:

Notwithstanding any other provision of this section, the limitations on liability set forth in this section shall not apply if the claim is for intentional or negligent conduct which caused or contributed to the sexual abuse of a minor.

For purposes of this section, “sexual abuse” shall mean the commission of any act against a minor as set forth in section thirteen B, thirteen F, thirteen H, thirteen L, twenty-two, twenty-two A, twenty-three, twenty-four, or twenty-four B of chapter two hundred and sixty-five, or section three, four A, four B, sixteen, seventeen, or thirty-five A of chapter two hundred and seventy-two.

SECTION  XX. Section 85W of Chapter 231 of the General Laws, as appearing in the 2004 Official Edition, shall be amended by adding at the end thereof the following:

Notwithstanding any other provision of this section, the limitations on liability set forth in this section shall not apply if the claim is for intentional or negligent conduct which caused or contributed to the sexual abuse of a minor.

For purposes of this section, “sexual abuse” shall mean the commission of any act against a minor as set forth in section thirteen B, thirteen F, thirteen H, thirteen L, twenty-two, twenty-two A, twenty-three, twenty-four, or twenty-four B of chapter two hundred and sixty-five, or section three, four A, four B, sixteen, seventeen, or thirty-five A of chapter two hundred and seventy-two.

SECTION  XXX. SECTION X shall become effective upon passage.

SECTION  IV. SECTION X shall apply to all claims which have accrued, and to all actions which are pending, on the date upon which it becomes effective.

SECTION  V. This amendment shall be deemed to be retroactive to the fullest extent permitted under the Constitution of the United States and the Declaration of Rights of the Commonwealth of Massachusetts.

SECTION  VI. Each section X through VI of this Act shall be separable and shall continue in effect if any provision hereof is deemed to be unconstitutional or otherwise ineffective.