Criminal Justice in Massachusetts

introduced · Massachusetts · Senate

SD 704: An Act relative to improving sexual violence survivor protections

SD 704, titled "An Act relative to improving sexual violence survivor protections," directly affects sexual assault survivors by strengthening their control over evidence and privacy. The bill requires law enforcement to submit sexual assault evidence kits to crime labs within 7 business days (or store them safely for the full time allowed by law) and gives survivors the choice to have kits tested or stored. It also prohibits law enforcement from using survivors' DNA for any purpose beyond the specific incident, banning comparisons to other crime scene DNA or inclusion in databases. These changes aim to protect survivors' autonomy and privacy throughout the legal process.

Topics ✓ Criminal Justice

Sub-Topics Violent Crime

introduced · Massachusetts · Senate

SD 1367: An Act relative to sexual assaults by adults in positions of authority or trust

This bill (SD 1367) strengthens penalties for sexual assaults by adults in positions of trust involving children. It specifically targets individuals like teachers, coaches, child care providers, foster parents, or family members with custody who commit indecent assault or abuse against children under 18. For children under 14, offenders face life imprisonment or a minimum 10-year sentence with no parole or early release; for children aged 14-17, penalties include up to 10 years in prison. The law explicitly states children under 18 cannot consent and bars defenses claiming the trusted role ended. Prosecutions under this law cannot be dismissed without a finding.

Topics ✓ Criminal Justice

Sub-Topics Probation & Parole Violent Crime

introduced · Massachusetts · House

HD 3788: An Act to protect electronic privacy

This bill (HD 3788) strengthens privacy protections for electronic data by requiring law enforcement to obtain a warrant based on probable cause before accessing most personal information held by service providers. It directly affects government agencies seeking data from companies offering email, messaging, location services, or remote computing (including both Massachusetts-based and foreign corporations with Massachusetts customers). Key provisions mandate that warrants must specifically describe the data sought, the entity holding it, and justify why less intrusive methods wouldn’t work - especially for "cell site simulators" (devices mimicking cell towers to track phones), which require additional documentation showing alternatives are inadequate. The bill also clarifies definitions like "location information" and "metadata" to ensure consistent application of these privacy standards.

Topics ✓ Criminal Justice ✓ Technology

Sub-Topics Data Privacy

introduced · Massachusetts · Senate

SD 1376: An Act amending the statute of limitations regarding criminal prosecutions for the crimes of sexual assault and rape of a child

SD 1376 removes the statute of limitations for prosecuting sexual assault and rape cases involving child victims. It allows prosecutors to file charges at any time after the crime occurred, provided the victim was under 18 when the offense happened. The law specifically applies to "indecent assault and battery" and "rape" charges under Chapter 277 of the General Laws. This change ensures these crimes can be prosecuted regardless of when the victim reports the incident or comes forward.

Topics ✓ Criminal Justice

Sub-Topics Violent Crime

introduced · Massachusetts · House

HD 4026: An Act relating to threats of suicide while in court custody (Stavri’s Law)

This bill, "Stavri’s Law," requires courts to keep mental health examination and commitment records private, except for specific disclosures. It mandates that courts share limited information with licensing authorities (for firearm background checks), the FBI (for national background checks), and law enforcement (about suicide risk in custody), but only when required by law for those purposes. Crucially, it prohibits sharing records solely because someone sought voluntary treatment or was hospitalized for evaluation. The law affects courts, individuals in mental health proceedings, and law enforcement agencies receiving targeted risk information. It changes how courts handle privacy and data sharing for mental health cases in court custody.

Topics ✓ Criminal Justice ✓ Healthcare

Sub-Topics Firearms Mental Health

introduced · Massachusetts · House

HD 4169: An Act relative to psychological evaluations for persons considered a danger to themselves or others

HD 4169 requires courts to order a psychiatric evaluation within 10 days for individuals subject to an extreme risk protection order (ERPO), which is issued when someone is deemed a danger to themselves or others. The evaluation, conducted by a licensed mental health professional approved by the Massachusetts Department of Public Health, must assess the person's mental health, history of violence or self-harm, and ability to safely handle weapons. Courts must review these results alongside other evidence before deciding whether to continue, modify, or end the ERPO. This bill directly affects ERPO respondents and streamlines the court process for evaluating safety risks. It also directs the Department of Public Health and Trial Court to create implementing regulations.

Topics ✓ Criminal Justice ✓ Healthcare

Sub-Topics Healthcare Workforce Public Health

introduced · Massachusetts · House

HD 1478: An Act relative to lawfully owed DNA

This bill requires the state crime lab to audit the DNA database to identify offenders who should have provided DNA samples under existing law (Chapter 22E) but did not. It mandates a preliminary report within 90 days of enactment (or by Dec. 15, 2025) and a detailed final report by Dec. 15, 2025, including types of offenses and where collections failed. The audit must cover all relevant offenders, including those retroactively covered by the law, and annual audits will continue thereafter to ensure compliance.

Topics ✓ Criminal Justice

introduced · Massachusetts · Senate

SD 241: An Act to transfer Bridgewater State Hospital from the Department of Corrections to the Department of Mental Health

This bill transfers operation of Bridgewater State Hospital from the Department of Corrections to the Department of Mental Health. It directly affects patients at the hospital, who will now receive care under the Mental Health Department's oversight instead of Corrections. Key provisions include removing all references to the hospital's "medical director" from existing laws, creating a new forensic mental health division within Mental Health, and updating procedures for patient commitments and transfers. The transfer must be completed by December 31, 2026.

Topics ✓ Criminal Justice ✓ Healthcare

Sub-Topics Hospitals

introduced · Massachusetts · House

HD 1442: An Act to promote timely access to parole hearings

This bill (HD 1442) changes how parole hearings are conducted for inmates in Massachusetts. It requires the parole board to hold public hearings for inmates with life sentences 60 days before their minimum term expires, using 5 of 7 designated members. The bill mandates specific professional qualifications for board members: at least 1 forensic psychologist and 2 with social services/reentry experience must serve on life sentence hearing panels, with similar requirements for regular parole hearings. These changes directly affect inmates serving life sentences and those under standard parole terms, aiming to standardize panel composition and ensure timely hearings.

Topics ✓ Criminal Justice

Sub-Topics Probation & Parole

introduced · Massachusetts · House

HD 3636: An Act relative to controlling and abusive litigation

This bill creates a new legal framework to address abusive lawsuits between family or household members where one party has been found to have committed abuse. It defines "controlling and abusive litigation" as legal actions primarily intended to harass, intimidate, or maintain contact with a victim, often involving repetitive claims or lacking legal merit. Victims can request court orders restricting such litigation, which would require courts to verify abuse history and litigation patterns before imposing penalties. If found abusive, the case is dismissed with prejudice, and the perpetrator must pay all costs, attorney fees, and faces a 48-72 month ban on filing new lawsuits.

Topics ✓ Criminal Justice

Sub-Topics Courts

All criminal justice bills