Child Sexual Abuse Claims - Doctrine of Charitable Immunity - Abrogation

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0722*

HOUSE BILL 722
D3 6lr2617

By: Delegates Embry, Ruff, Addison, Ebersole, Grammer, Lewis, Patterson, and
Stinnett
Introduced and read first time: February 2, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Child Sexual Abuse Claims – Doctrine of Charitable Immunity – Abrogation 2

FOR the purpose of abrogating the doctrine of charitable immunity as a defense to an action 3
for damages arising from a claim of child sexual abuse ; applying this Act 4
retroactively; and generally relating to actions for damages arising out of a claim of 5
child sexual abuse. 6

BY repealing and reenacting, with amendments, 7
Article – Courts and Judicial Proceedings 8
Section 5–117 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Courts and Judicial Proceedings 14

5–117. 15

(a) In this section, “sexual abuse” means any act that involves: 16

(1) An adult allowing or encouraging a child to engage in: 17

(i) Obscene photography, films, poses, or similar activity; 18

(ii) Pornographic photography, films, poses, or similar activity; or 19

(iii) Prostitution; 20

2 HOUSE BILL 722

(2) Incest; 1

(3) Rape; 2

(4) Sexual offense in any degree; or 3

(5) Any other sexual conduct that is a crime. 4

(b) Except as provided under subsection (d) of this section and notwithstanding 5
any time limitation under a statute of limitations, a statute of repose, the Maryland Tort 6
Claims Act, the Local Government Tort Claims Act, or any other law, an action for damages 7
arising out of a claim or claims of sexual abuse that occurred while the victim was a minor 8
may be filed at any time. 9

(c) Except as provided in §§ 5 –303 and 5 –518 of this title and § 12 –104 of the 10
State Government Article, the total amount of noneconomic damages that may be awarded 11
under this section to a single claimant in an action against a single defendant for injuries 12
arising from a claim or claims that would have been barred by a time limitation before 13
October 1, 2023, may not exceed: 14

(1) For an action filed on or before May 31, 2025, $1,500,000; and 15

(2) For an action filed on or after June 1, 2025, $700,000. 16

(d) No action for damages that would have been barred by a time limitation before 17
October 1, 2023, may be brought under this section if the alleged victim of abuse is deceased 18
at the commencement of the action. 19

(e) In any action for damages filed on or after June 1, 2025, arising out of a claim 20
or claims of sexual abuse that occurred while the claimant was a minor, counsel may not 21
charge or receive fees that exceed: 22

(1) 20% of the settlement; or 23

(2) 25% of the judgment. 24

(F) AN ORGANIZATION IS NOT IMMUNE FROM LIABILITY IN ANY ACTION FOR 25
DAMAGES ARISING OUT OF A CLAIM OR CLAIMS OF SEXUAL ABUSE THAT OCCURRED 26
WHILE THE CLAIMANT WAS A MINOR ON THE GROUNDS THAT THE ORGANIZATION IS 27
A CHARITABLE ORGANIZATION. 28

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 29
Assembly to abrogate the doctrine of charitable immunity in any action for damages arising 30
out of a claim or claims of sexual abuse that occurred while the claimant was a minor. 31

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 32
apply retroactively and shall be applied to and interpreted to affect any action for damages 33
HOUSE BILL 722 3

arising out of a cla im or claims of sexual abuse that occurred while the claimant was a 1
minor, whether the action is pending, concluded, dismissed, or arising before the effective 2
date of this Act. 3

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5