Maryland SB 686: Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

Bill Text

WES MOORE, Governor Ch. 5

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Chapter 5
(Senate Bill 686)

AN ACT concerning

Civil Actions – Child Sexual Abuse – Definition, Damages, and Statute of
Limitations
(The Child Victims Act of 2023)

FOR the purpose of altering the definition of “sexual abuse” for purposes relating to civil
actions for child sexual abuse; establishing certain limitations on damages that may
be awarded under this Act; repealing the statute of limitations in certain civil actions
relating to child sexual abuse; repealing a statute of repose for certain civil actions
relating to child sexual abuse; providing that a certain party may appeal an
interlocutory order under certain circumstances; providing for the retroactive
application of this Act under certain circumstances; and generally relating to child
sexual abuse.

BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 5–117, 5–303(a), and 5–518 5–518, and 12–303
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)

BY repealing and reenacting, with amendments,
Article – Education
Section 4–105
Annotated Code of Maryland
(2022 Replacement Volume)

BY repealing and reenacting, with amendments,
Article – State Government
Section 12–104(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)

BY repealing
Chapter 12 of the Acts of the General Assembly of 2017
Section 2 and 3

BY repealing
Chapter 656 of the Acts of the General Assembly of 2017
Section 2 and 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Ch. 5 2023 LAWS OF MARYLAND

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Article – Courts and Judicial Proceedings

5–117.

[(a) (1) In this section the following words have the meanings indicated.

(2) “Alleged perpetrator” means the individual alleged to have committed
the specific incident or incidents of sexual abuse that serve as the basis of an action under
this section.

(3) “Sexual abuse” has the meaning stated in § 5–701 of the Family Law
Article.]

(A) IN THIS SECTION, “SEXUAL ABUSE” MEANS ANY ACT THAT INVOLVES:

(1) AN ADULT ALLOWING OR ENCOURAGING A CHILD TO ENGAGE IN:

(I) OBSCENE PHOTOGRAPHY, FILMS, POSES, OR SIMILAR
ACTIVITY;

(II) PORNOGRAPHIC PHOTOGRAPHY, FILMS, POSES, OR
SIMILAR ACTIVITY; OR

(III) PROSTITUTION;

(2) INCEST;

(3) RAPE;

(4) SEXUAL OFFENSE IN ANY DEGREE; OR

(5) UNNATURAL OR PERVERTED SEXUAL PRACTICES ANY OTHER
SEXUAL CONDUCT THAT IS A CRIME.

(b) [An] NOTWITHSTANDING EXCEPT AS PROVIDED UNDER SUBSECTION
(D) OF THIS SECTION AND NOTWITHSTANDING ANY TIME LIMITATION UNDER A
STATUTE OF LIMITATIONS, A STATUTE OF REPOSE, THE MARYLAND TORT CLAIMS
ACT, THE LOCAL GOVERNMENT TORT CLAIMS ACT, OR ANY OTHER LAW, AN action
for damages arising out of an alleged incident or incidents of sexual abuse that occurred
while the victim was a minor [shall be filed:

(1) At any time before the victim reaches the age of majority; or

WES MOORE, Governor Ch. 5

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(2) Subject to subsections (c) and (d) of this section, within the later of:

(i) 20 years after the date that the victim reaches the age of
majority; or

(ii) 3 years after the date that the defendant is convicted of a crime
relating to the alleged incident or incidents under:

1. § 3–602 of the Criminal Law Article; or

2. The laws of another state or the United States that would
be a crime under § 3–602 of the Criminal Law Article.

(c) In an action brought under this section more than 7 years after the victim
reaches the age of majority, damages may be awarded against a person or governmental
entity that is not the alleged perpetrator of the sexual abuse only if:

(1) The person or governmental entity owed a duty of care to the victim;

(2) The person or governmental entity employed the alleged perpetrator or
exercised some degree of responsibility or control over the alleged perpetrator; and

(3) There is a finding of gross negligence on the part of the person or
governmental entity.

(d) In no event may an action for damages arising out of an alleged incident or
incidents of sexual abuse that occurred while the victim was a minor be filed against a
person or governmental entity that is not the alleged perpetrator more than 20 years after
the date on which the victim reaches the age of majority] MAY BE FILED AT ANY TIME.

(C) EXCEPT AS PROVIDED IN §§ 5–303 AND 5–518 OF THIS TITLE AND §
12–104 OF THE STATE GOVERNMENT ARTICLE, THE TOTAL AMOUNT OF
NONECONOMIC DAMAGES THAT MAY BE AWARDED UNDER THIS SECTION TO A
SINGLE CLAIMANT IN AN ACTION AGAINST A SINGLE DEFENDANT FOR INJURIES
ARISING FROM A SINGLE INCIDENT OR OCCURRENCE AN INCIDENT OR OCCURRENCE
THAT WOULD HAVE BEEN BARRED BY A TIME LIMITATION BEFORE OCTOBER 1, 2023,
MAY NOT EXCEED $1,500,000.

(D) NO ACTION FOR DAMAGES THAT WOULD HAVE BEEN BARRED BY A TIME
LIMITATION BEFORE OCTOBER 1, 2023, MAY BE BROUGHT UNDER THIS SECTION IF
THE ALLEGED VICTIM OF ABUSE IS DECEASED AT THE COMMENCEMENT OF THE
ACTION.

5–303.

Ch. 5 2023 LAWS OF MARYLAND

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(a) (1