Editor’s Note: This story was updated April 3, 2025, 8 p.m., to incorporate new information with the passage of the bill in the House.
The Maryland House passed a bill April 3 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 bill now moves to the Maryland Senate for action before the session ends April 7.
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 before the House Judiciary Committee. 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 this year of $3 billion. With 4,500 claims filed against the state already, according to the Office of the Attorney General, 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.
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.”
In testimony at the March 26 hearing, Wilson said, “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 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 from 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.
Del. Sheree Sample-Hughes (D, Dorchester and Wicomico counties) noted in the Judiciary Committee hearing April 2 that you cannot put a price tag on the mental health effects for victim-survivors. “I have been grappling with this because I heard the witnesses when most of them were saying that the money is not anything to them. They want the therapy, they want the accountability,” which HB 1378 does not provide.
She also said that she is still disturbed by the fact that victims of public institutions are treated differently than those harmed in private institutions.
Del. Jon S. Cardin (D, Baltimore County) said he had already brought up the inconsistency between the public and private claims. Acknowledging that Judiciary Committee Luke H. Clippinger (D, Baltimore City) had explained that the private cap was reduced by approximately the same percentage as the public cap, said, “I think there is an inconsistency between the public and the private claims. While I would suggest they should be the same – I don’t know why there’s any difference – but the fact that you have been commensurate in reducing them so that at least there is some degree of consistency, … I appreciate that.”
The MCC also 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 inequitable treatment is both unjust to victims and unfair to private and nonprofit organizations.”
After the bill passed the full House April 3, the MCC issued an action alert asking Catholics and others opposed to the bill to contact their state senators.
Del. Lauren C. Arikan (R, Harford County), called HB 1378 one of the worst bills she has seen in her seven-year tenure in the House because the disparity says that the molestation of some children is less valuable based on who was the molester.
Del. Robin L. Grammer Jr. (R, Baltimore County) noted that Gov. Wes Moore’s motto is “Leave no one behind,” and voted against the bill because, he said, “I think today we’re leaving victims behind. We were told the solution to this problem was to pass the legislation that gave these folks (victims) the civil liability. Now, when we’re surprised by the liability of the state, we’re told it’s to minimize liability and it’s not about the money.”
He added, “I think regardless of your district or the area you represent, I don’t think 90 percent of voters think the state should limit its liability when it when it comes to predators and pedophiles. So, I think in this bill, we’re minimizing the accountability of the state and defiance of what the people would want.”
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 Senate Rules Committee for a vote, then the Senate 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.
Email Christopher Gunty at editor@CatholicReview.org
Editor’s Note: This story was updated April 4 at 8:30 a.m. with the correct party affiliations for Delegates Arikan and Grammer.
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