An Act To Provide Access to Justice for Victims of Child Sexual Abuse
Maine Legislature, Session 130, LD 0589
Committee: Judiciary
Sponsors: GRAMLICH, CARNEY, FECTEAU, HARNETT, RECKITT, BAILEY, JACKSON
Amends: 14 MRSA §8107, 14 MRSA §8110

Legislative Document
No. 589
H.P. 432
House of Representatives, February 24, 2021
An Act To Provide Access to Justice for Victims of Child Sexual 
Abuse
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: Speaker FECTEAU of Biddeford, HARNETT of Gardiner, RECKITT of 
South Portland, Senators: BAILEY of York, President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §8107, sub-§6 is enacted to read:
6.  Exception.  The provisions of this section do not apply to a claim based upon a 
sexual act toward a minor.  For the purposes of this subsection, "sexual act toward a minor" 
means any of the following acts committed against or engaged in with a person under the 
age of majority: a sexual act as defined in Title 17-A, section 251, subsection 1, paragraph 
C or sexual contact as defined in Title 17-A, section 251, subsection 1, paragraph D.
Sec. 2.  14 MRSA §8110, as amended by PL 2001, c. 249, §2, is further amended to 
read:
§8110.  Limitation of actions
Every claim against a governmental entity or its employees permitted under this 
chapter is forever barred from the courts of this State, unless an action therein is begun 
within 2 years after the cause of action accrues, except that, if the claimant is a minor when 
the cause of action accrues, the action may be brought within 2 years of the minor's 
attaining 18 years of age.
The provisions of this section do not apply to a claim based upon a sexual act toward 
a minor.  For the purposes of this paragraph, "sexual act toward a minor" means any of the 
following acts committed against or engaged in with a person under the age of majority: a 
sexual act as defined in Title 17-A, section 251, subsection 1, paragraph C or sexual contact 
as defined in Title 17-A, section 251, subsection 1, paragraph D.
Sec. 3.  Revival of civil actions.  Notwithstanding any provision of law that imposes 
or previously imposed a period of limitation under the Maine Revised Statutes, Title 14, 
section 752-C to the contrary and any provision of law pertaining to the filing of a notice 
of claim under Title 14, section 8107 or 8110 to the contrary, a civil claim or cause of action 
based upon a sexual act toward a minor that was barred on the effective date of this section 
because of the applicable period of limitation or because of failure to timely file notice of 
claim prior to the effective date of this section is hereby revived and action on that claim 
may be commenced beginning 6 months after the effective date of this section and no later 
than 2 years and 6 months after the effective date of this section.  In an action based upon 
a sexual act toward a minor that would have been barred by any statute of limitations in 
effect on the effective date of this section, damages may be awarded against an entity that 
employed, supervised or had responsibility for the person who committed or allegedly 
committed the sexual act only if there is a finding of negligence on the part of the entity.  
For the purposes of this section, "sexual act toward a minor" means any of the following 
acts committed against or engaged in with a person under the age of majority: a sexual act 
as defined in Title 17-A, section 251, subsection 1, paragraph C or sexual contact as defined 
in Title 17-A, section 251, subsection 1, paragraph D.
Sec. 4.  Priority in assignment for trial.  In assigning cases based upon a sexual 
act toward a minor for trial pursuant to Rule 40 of the Maine Rules of Civil Procedure, the 
clerk of the Superior Court shall give priority to any action based upon a sexual act toward 
a minor that has been revived pursuant to section 3 of this Act.
Sec. 5.  Judicial training.  The Chief Justice of the Supreme Judicial Court shall, in 
furtherance of the general administrative and supervisory authority over the judicial branch 
in accordance with the Maine Revised Statutes, Title 4, section 1, provide training for 
justices and judges with respect to crimes involving a sexual act toward a minor and civil 
actions based upon a sexual act toward a minor.  For the purposes of this section, "sexual 
act toward a minor" means any of the following acts committed against or engaged in with 
a person under the age of majority: a sexual act as defined in Title 17-A, section 251, 
subsection 1, paragraph C or sexual contact as defined in Title 17-A, section 251, 
subsection 1, paragraph D.
SUMMARY
This bill does the following.
1.  It exempts claims based upon a sexual act toward a minor from Maine Tort Claims 
Act provisions on required notice to a governmental entity and time limitations.
2.  It revives for a period of 2 years, beginning 6 months after the effective date of this 
legislation, any civil claim or cause of action based upon a sexual act toward a minor that 
was barred because of the period of limitation or because of failure to timely file notice of 
claim.
3.  It requires the clerk of the Superior Court in assigning cases based upon sexual acts 
toward minors for trial to give priority to any action revived pursuant to this legislation.
4.  It requires the Chief Justice of the Supreme Judicial Court to provide training for 
justices and judges with respect to crimes involving a sexual act toward a minor and civil 
actions based upon a sexual act toward a minor.
5.  It provides that, in an action based upon a sexual act toward a minor that was barred 
by operation of the statute of limitations prior to the effective date of this legislation and 
that is revived pursuant to this legislation, damages may be awarded against an entity that 
employed, supervised or had responsibility for the person who committed or allegedly 
committed the sexual act only if there is a finding of negligence on the part of the entity.