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Bill

S 152

Relates to consecutive terms of imprisonment

2025 Regular Session Introduced by George Borrello and 2 co-sponsors

Creates a civil claim against employees/contractors over 21 who have sex with certain minors or special-needs youth served by schools or state departments, deeming them non-consent

REFERRED TO CODES
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Bill Summary · S 152

Summary — S.152 (2025): "An Act relative to preventing sexual abuse of children and youth by adults in positions of authority or trust"

Main purpose

To create a civil cause of action against employees or contractors over age 21 who, while employed by or contracting with certain public or private schools or state departments, engage in sexual relations with persons served by those entities who are (a) minors or (b) youth with special needs — and to treat such youth as incapable of consenting to those sexual relations for the purposes of the civil claim.

Key provisions

  • Amends Chapter 268 of the Massachusetts General Laws by inserting a new section 21B (to follow section 21A).
  • Establishes liability for any person over age 21 who is employed by or contracts with:
    • public or private schools,
    • Department of Youth Services,
    • Department of Children and Families,
    • Department of Mental Health,
    • Department of Developmental Services,
    • or private institutions that provide services to clients of those departments, and who is a teacher, administrator, or in a similar position of authority.
  • Creates a civil cause of action (brought under Chapter 260, Section 4C) against such employees/contractors who, in the course of employment or as a result of it, engage in sexual relations with a person who is:
    • under 19 years old, has not received a high school diploma, GED, or equivalent, and is served by the school/department/institution; or
    • under 22 years old, has special needs as defined under Chapter 71B, has not received a high school diploma/GED/equivalent, and is served by the school/department/institution.
  • In any civil action under this section, the person served by the school/department/institution is deemed incapable of consenting to sexual relations with the employee/contractor.

Who is affected

  • Potential plaintiffs: students and youth served by the listed schools, departments, or institutions who meet the age and educational/special-needs criteria.
  • Potential defendants: staff, teachers, administrators, and contractors over age 21 who hold positions of authority or trust within the listed entities.
  • Institutions may face increased civil liability exposure and will likely be affected in employment, contracting, training, supervision, and risk management practices.

Legal effect and remedies

  • Creates a specific civil pathway (under Chapter 260, §4C) for victims to seek remedies; the bill text itself does not enumerate damages or criminal penalties, but invokes an existing civil statute for enforcement.
  • Deems the covered youth incapable of consenting for purposes of the civil claim, lowering a defendant’s consent-based defense in such suits.

Legislative status & timeline (as provided)

  • Filed: Senate Docket No. 1382 (filed 1/16/2025); introduced in the Senate 1/20/2025.
  • Read twice and referred to Committee on Finance (1/20/2025).
  • Referred to Committee on Children, Families and Persons with Disabilities (2/27/2025); record shows “House concurred” 2/27/2025.
  • Listed as REFERRED TO CODES (status field).
  • Hearing scheduled: 10/21/2025 (1:00–5:00 PM, B-1).
  • Primary sponsor in the bill text: Senator Joan B. Lovely (with multiple co-petitioners noted). (Some externally supplied sponsor lists appear to mix jurisdictions and may contain inconsistencies.)

Notes / considerations

  • The bill focuses on civil liability rather than creating a new criminal offense; criminal statutes concerning sexual abuse would remain separate.
  • By specifying age, educational status, and service relationship, the bill targets relationships where youth are dependent on or served by the institution/department and where power imbalances are pronounced.
  • Institutions serving youth may respond by strengthening hiring practices, supervision, reporting protocols, and training to limit exposure and protect students.

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

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