Mass. committee recommends bill to remove time limits, damage caps for childhood sexual‑abuse suits

The Massachusetts House Committee on the Judiciary recommended passage of House Bill 4539 on Sept. 25, 2025, a measure that would allow civil suits alleging sexual abuse of a minor to be filed at any time and would revoke liability limits and certain immunities for organizations in those cases.

The bill, filed as House No. 4539 and described in a committee report signed "for the committee" by Representative Michael S. Day, would amend multiple sections of the General Laws to: eliminate civil statutes of limitations for claims defined as sexual abuse of a minor; permit negligence‑based suits for negligent supervision to be brought at any time; revive previously time‑barred claims for two years after the statute’s effective date; and remove limits on damages and certain immunities for organizations and individuals in revived or new claims tied to child sexual abuse.

The measure would amend chapter 260 (sections 4C, 4C½ and a new 4C¾) to state that civil actions alleging sexual abuse of a minor, and claims alleging negligent supervision contributing to such abuse, "may be commenced at any time after the acts alleged to have caused an injury or condition occurred." The new section 4C ¾ would also revive previously time‑barred claims and allow them to be filed within two years after the section’s effective date. The bill specifies that dismissal of an earlier, time‑barred action would not bar a revived action under the new section.

House No. 4539 would also amend other statutes to remove or except child sexual‑abuse claims from liability limits and immunities. Changes appear to include chapter 231 (sections 85K, 85V and 85W) to eliminate limits on damages and to exclude child sexual‑abuse claims from immunity provisions; chapter 258 to except such claims from caps on damages; and chapter 277 to insert cross references. The bill also amends the statute governing certain civil actions under federal law, noting that actions under 20 U.S.C. §§1681–1688 (Title IX) alleging sexual abuse of a minor or negligent supervision would be governed by sections 4C and 4C½ of chapter 260.

The text defines "sexual abuse" by reference to section 4C and treats negligent supervision claims under the newly inserted section 4C½ as subject to the same timing rules. For revived actions, the bill removes limits on liability and damages that applied at the time of the underlying act and states such limits shall not apply to revived actions brought under section 4C ¾.

The document filed with the House also lists earlier petitions and bill numbers that led to House No. 4539. Petitioners named in the report include Representative Jennifer Balinsky Armini, Representative Natalie M. Higgins, Representative Michael S. Day, Representative Kenneth I. Gordon, Representative Natalie M. Blais and Representative John J. Lawn Jr.; the committee report itself is signed "For the committee, MICHAEL S. DAY." The filing date shown in the report is Sept. 15, 2025, and the committee report is dated Sept. 25, 2025.

The committee report is a recommendation to the full House; it is not final legislation. If advanced, the bill would still require passage by both chambers of the Massachusetts General Court and the governor’s signature to become law. The legislation’s revival provision—which allows previously time‑barred claims to be refiled within two years of the effective date—could prompt additional litigation to define the scope of revived claims and to test the interaction with previously adjudicated or settled matters.

The bill text does not specify funding sources, estimated fiscal impact, or administrative steps for implementation. It also does not include exceptions for particular types of institutions beyond the statutory amendments that remove damage limits and immunity for claims defined as child sexual abuse.