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S 1200

An Act extending the civil statute of limitations for child abuse

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 2 co-sponsors

Mass. bill extends civil limits for child abuse, revives time-barred claims; allows suits within 35 years after acts or 7 years after discovery, tolling until age 18, retroactive.

Hearing scheduled for 06/17/2025 from 01:00 PM-05:00 PM in A-2
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WeVote Research Nonpartisan
Bill Summary · S 1200

Summary — S.1200: "An Act extending the civil statute of limitations for child abuse"

Note: the materials provided include multiple, different “S 1200” documents from separate jurisdictions. This summary focuses on the bill text titled “An Act extending the civil statute of limitations for child abuse” (Massachusetts Senate Docket No. 88 / S.1200). Where relevant, a short note about conflicting Idaho appropriation materials is included at the end.

Purpose

To extend and clarify the civil statute of limitations (SOL) for tort actions arising from the abuse of minors, and to allow delayed or previously time‑barred civil claims by survivors to be filed under new, longer time windows.

Key provisions

  • Adds two new sections to Chapter 260 (Massachusetts General Laws):
    • Section 4F — “Abuse of minors”:
    • A civil tort action alleging abuse of a minor must be commenced within the later of:
      • 35 years from the acts alleged to have caused an injury or condition; or
      • 7 years from the time the victim discovered, or reasonably should have discovered, that an emotional or psychological injury/condition was caused by the act.
    • The limitation period is tolled (paused) while the victim is a child — i.e., until the child reaches 18 years of age.
    • “Abuse” is defined by reference to specified criminal provisions (chapter 265 sections 13J, 13L, 26, 44; chapter 272 section 28).
    • Section 4E1/2 (also labeled 4E/2 in the text) — “Negligent supervision or conduct causing or contributing to the abuse of a minor by another person”:
    • Parallel timing rules as Section 4F: an action alleging negligent supervision or conduct causing/contributing to a minor’s abuse must be filed within the later of 35 years from the acts or 7 years from discovery of emotional/psychological injury; tolling until 18 applies.
  • Retroactivity: The act is explicitly written to apply regardless of when a claim accrued or whether it had previously lapsed or been time‑barred under prior law — i.e., it revives some previously time‑barred claims.

Who would be affected

  • Survivors of child sexual or physical abuse (civil plaintiffs) — extended windows to sue.
  • Alleged abusers (individual defendants) and entities that may be liable for negligent supervision or other related torts (schools, churches, youth organizations, employers, institutions).
  • Insurers and institutions that provide liability coverage to such defendants.
  • Courts and the civil justice system — potential increase in claims and litigation involving historical allegations.

Procedural status and timeline (from provided materials)

  • Massachusetts docket: Filed Jan 7, 2025 (Senate Docket No. 88). Referred to the Judiciary Committee. Hearing(s) indicated (e.g., 06/17/2025 scheduled).
  • Related items: Senate petition sponsors listed in the MA text include Michael O. Moore and others. Related legislative items referenced: HR 2537 (companion) and SD 88 (replaces).

Potential impacts and considerations

  • Substantive: Expands survivors’ access to civil remedies and allows time for delayed discovery of psychological injuries to trigger claims.
  • Practical/legal: Could revive otherwise time‑barred claims, increasing litigation risk for institutions and insurers; evidence and witness availability for older claims may be limited.
  • Fiscal: No fiscal estimate included in the MA text; potential financial exposure for defendants and insurers depends on claim volume and outcomes.
  • Constitutional/retroactivity issues: The broad retroactive application could raise separation-of-powers or due‑process arguments in litigation; courts often review retroactive revivals of claims against statutory limitations.

Note on conflicting documents

The package also contains an Idaho Senate bill (SB 1200) and fiscal note that appropriates $744,100 to the Idaho State Historical Society for FY2026 (authorizing 3 FTEs and effective July 1, 2025). That Idaho appropriation is a distinct matter and is unrelated to the Massachusetts statute‑of‑limitations bill summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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