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H 4199

Andrew Jackson HS girls' basketball champs

2025-2026 Regular Session Introduced by Terry Alexander and 121 co-sponsors

Mass. H 4199 removes time limits on childhood sexual abuse suits, revives old claims, and drops damage caps, expanding survivor access and broadening institutional liability.

Introduced and adopted
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Bill Summary · H 4199

Summary — H 4199: "An Act protecting victims of childhood sexual abuse and holding perpetrators accountable"

Status and origin
- Bill number: H 4199 (filed as House Docket No. 4732)
- Sponsor: Rep. Jeffrey N. Roy (10th Norfolk)
- Introduced: May 27, 2025 (committee referrals noted); effective date in bill: “immediately upon passage.”
- Note on attached materials: The packet also contains a separate South Carolina House resolution honoring the Andrew Jackson High School girls basketball team. That resolution is unrelated to the Massachusetts bill text summarized below and appears to be appended in error.

Purpose / intent
- To expand and extend civil remedies for persons who suffered sexual abuse as minors by (1) removing or substantially loosening time limits that bar civil suits for childhood sexual abuse, (2) reviving previously time‑barred claims for a limited window, and (3) eliminating certain damage caps and immunities for such claims so survivors can pursue full legal remedies against individuals and institutions.

Key provisions (substantive changes)
1. Tolling/elimination of limitation period
- Amends Mass. Gen. Laws ch. 260, §4C so that a civil action alleging sexual abuse of a minor “may be commenced at any time after the acts alleged … occurred.” (Effectively removes a civil statute‑of‑limitations for child sexual‑abuse claims.)

  1. Scope includes negligent supervision and contributory acts

    • Replaces §4C½ to state that claims alleging negligent supervision of a person who sexually abused a minor, or that a defendant’s acts/omissions caused or contributed to another’s sexual abuse of a minor, may be commenced at any time after the acts/omissions occurred. (“Sexual abuse” is defined by reference to §4C.)

  2. Revival of previously time‑barred claims

    • Retroactively revives all civil causes of action related to sexual abuse of a minor that were barred by expired statutes of limitations, notice‑of‑claim deadlines, presentation deadlines, or final judgments based on time bars prior to the Act’s effective date.
    • Revived claims (against individuals and institutional defendants — public, private, charitable) may be commenced within two years from the Act’s effective date.

  3. Interaction with federal Title IX claims

    • Amends ch. 260, §5B to clarify that actions under 20 U.S.C. §§1681–1688 (Title IX) relating to child sexual abuse are governed by the §4C½ provisions (i.e., extended timing).

  4. Removal of damage caps and immunities for child‑abuse claims

    • Amends provisions in ch. 231 (sections 85K, 85W, 85V) and ch. 258 (section 2; §10(j)) to specify that claims related to child sexual abuse (including revived actions) are not subject to statutory limitations on damages and that certain immunities (including charitable/governmental immunity provisions referenced) do not apply to those claims.

Who is affected
- Survivors of childhood sexual abuse in Massachusetts (current adults and minors), who gain expanded ability to sue.
- Individual perpetrators and institutions (schools, nonprofits, religious organizations, government entities) face increased exposure to civil liability, potentially without statutory caps.
- Government defendants subject to the Massachusetts Tort Claims Act — the bill states that its timing and revival provisions apply “notwithstanding” Mass. Gen. Laws ch. 258 §4.
- Insurers and indemnitors of institutions could face increased claims and financial exposure.

Procedural / timeline aspects
- Revived claims must be filed within two years of the Act’s effective date.
- The Act declares retroactive effect “to the fullest extent of the law.”
- The bill states it takes effect immediately upon passage.

Potential impacts and considerations
- Substantial increase in litigation risk and potential monetary liability for institutions and public entities.
- Expected increase in settlements and claims against insurers and entity defendants.
- Courts may face litigation over retroactivity, revival of claims after final judgments, and constitutional issues (due process, separation of powers) — revival of claims previously finally adjudicated could prompt legal challenges.
- Survivors would obtain expanded access to civil remedies and possible uncapped damages.

For readers seeking the full legal text
- H 4199 amends multiple provisions across Mass. Gen. Laws chs. 231, 258, and 260; see the bill text for exact statutory insertions and cross‑references (e.g., §4C, §4C½, §5B, ch. 231 §§85K/85V/85W, ch. 258 §2 and §10(j)).

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

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