Bill Positions

Bill Number: SB 238

Bill Title: Civil Actions - Child Sexual Abuse - Statute of Limitations

Bill Sponsor(s): Senator Kelley, et al

Subject: Civil Liability

Committee: JPR

Bill Summary: This bill would have extended by an additional 25 years the statute of limitations for civil actions involving child sexual abuse, and allow anyone, regardless or age or duration of time, to file such a claim by December 31, 2012. The bill would have sunset January 1, 2013.

History: In 2008 the Chamber opposed similar legislation, HB 858, which was withdrawn by sponsor. In 2009 SB 238 received an unfavorable report from the Judicial Proceedings Committee.

Chamber Position: Oppose

Position Summary: This bill would have effectively eliminated the concept of a statute of limits for filing child sexual abuse lawsuits for the next 2 years. This would unfairly disadvantage defendants with very old claims that would be difficult to defend. There is good reason to maintain a statute of limits, and this bill would have set a terrible precedent by reopening claims that have been legally extinguished. Maryland currently ranks poorly in its civil liability climate, and this bill would have further damaged the state's reputation for jurisprudence by showing that there is no finality for legal claims in this state.

Position Statement: Click here (pdf)

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.