The Maryland House Judiciary Committee passed a bill April 2 that makes significant changes to the Child Victims Act, lowering the limits for future lawsuits for sexual abuse of a minor and limiting the civil damages to each claimant, rather than each incident of alleged abuse.
The CVA, which became law in 2023, removed any statute of limitations for civil claims child sexual abuse in the state and set limits for payouts from private institutions, including churches and private schools, at $1.5 million. It capped civil claims for anyone abused in a public institution at $890,000 per incident. “Incident” was not defined in the law.
House Bill 1378 would change those caps to $400,000 for public institutions, the same as the state torts limit, and $700,000 for private institutions and individuals, including churches, parishes and private schools. It also sets the cap per claimant, rather than per incident, for both public and private claims.
The amendments were introduced in April after a lengthy hearing in Annapolis March 26. Del. C.T. Wilson (D, Charles County), the sponsor of the 2023 CVA, initiated the amendments because he said his intent in the original legislation was not to bankrupt the state. The state already faces a budget deficit of $3 billion. With 4,500 claims filed against the state already, with another 1,500 in process, the state could still face a liability of $1.8 billion to $2.4 billion under the lower caps.
“I’ve always said, it was never about the money. … It was about the truth and justice and restoring the dignity of those who have had it stolen from them,” Wilson testified at the March 26 hearing of the Judiciary Committee. Wilson was sexually abused as a minor and has been fighting in the state Legislature for change on this topic for 10 years.
To ensure that victim-survivors benefit as much as possible form compensation, the bill also caps attorneys’ fees at 20 percent in settlements and 25 percent if the case goes to a court judgment.
Wilson’s amendments last week would have implemented mandatory arbitration in cases against the state, a provision which was removed in the latest version.
The Maryland Catholic Conference, which represents the bishops and dioceses of Maryland on public policy, pointed out that the amendments retain a two-tier system for victims, depending on where the alleged abuse occurred.
In an April 2 statement, the MCC noted that since the CVA went into effect in October 2023, thousands of claims have been made against the state itself. “In fact, the Maryland state government now appears to be the largest employer of child sex abusers in the state.
“The response from lawmakers has not focused on understanding how this could have occurred, ensuring rigorous safeguarding, or prioritizing victim-focused support,” the statement said. “Rather, the Legislature’s response has been focused on how to limit the state’s financial liability and accountability to victim-survivors.”
The MCC noted the inequitable caps, saying “HB 1378 reinforces a system where justice depends not on the harm suffered, but on where the abuse occurred. … This unequitable treatment is both unjust to victims and unfair to private and nonprofit organizations.”
With the General Assembly session ending April 7, the MCC also criticized the late nature of the changes. “Even worse is rushing through a bill of this magnitude that impacts the rights of survivors and the responsibilities of institutions, in the final days of the legislative session, with little time for careful debate or necessary revisions. This undermines trust in the legislative process and denies survivors the consideration they deserve.”
HB 1378 now goes to the Maryland House for a full vote. If it passes there, goes to the Senate Rules Committee then the Judicial Proceedings Committee. If voted out of those committees it would go to the full Senate. Usually on the last day of the session, a flurry of bills is voted on before those approved are sent to Gov. Wes Moore for signature.
