By Mr. Bradley of Hingham, petition (accompanied by bill, House, No. 1333) of Garrett J. Bradley relative to actions for assault and battery alleging a defendant sexually abused a minor.  The Judiciary.

The Commonwealth of Massachusetts

——————

PETITION OF:

Garrett J. Bradley

——————

In the Year Two Thousand and Seven.

——————

An Act relative to actions for assault and battery alleging a defendant sexually abused a minor.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.   Section 4C of Chapter 260 of the General Laws, as appearing in the 2004 Official Edition, shall be amended by substituting for the first paragraph thereof the following section:

Any actions for assault and battery alleging the defendant sexually abused a minor, or for negligence alleging that the defendant negligently supervised a third person who sexually abused a minor, or that the defendant’s conduct caused or contributed to the sexual abuse of a minor by a third person, may be commenced at any time after the acts alleged to have caused an injury or condition.

SECTION 2.   The provisions of Section 1 shall apply only to claims which accrue on or after the date upon which it becomes effective.  Notwithstanding said provision, for a period of three years after the effective date of this act, all claims which are brought under said Section 4C shall not be subject to the defense of any Statute of Limitations, or laches, regardless of the date on which the subject matter tort occurred.

SECTION 3.  The provisions of Section 1 shall apply to all claims under Section 4C of Chapter 260 which have accrued, and to all actions which are pending, on the date upon which it becomes effective.

SECTION 4.  The provisions of Section 1 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.