By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1896) of Samantha Montaño relative to the admissibility of professional services that enable the early collection and storage of DNA after a sexual assault. The Judiciary.
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 2063) of Jonathan D. Zlotnik and others relative to penalties for assault and battery upon corrections officers and other Department of Correction staff. The Judiciary.
HD 2209 strengthens penalties for sexual assaults committed by adults in positions of trust or authority over children. The bill targets individuals like teachers, coaches, mentors, caregivers, or family members who sexually assault minors (ages 14-17 or under 14) while in such roles or afterward. For victims aged 14-17, offenders face up to 10 years in prison; for victims under 14, sentences are life imprisonment with a mandatory minimum of 10 years (no probation, parole, or sentence reductions for 10 years). The law explicitly states children under 18 cannot consent and removes defenses based on the termination of the trusted relationship. This bill directly affects offenders in trusted roles and provides enhanced protections for child victims.
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2060) of Steven George Xiarhos and Francisco E. Paulino relative to assault and battery against healthcare personnel, school officials, and first responders. The Judiciary.
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1224) of Patrick M. O'Connor for legislation to establish a domestic violence and sexual assault probation unit. The Judiciary.
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1247) of Rebecca L. Rausch for legislation to criminalize sexual assault of a passenger by a rideshare operator. The Judiciary.
This bill changes how murder charges apply to deaths occurring during other serious crimes. It removes the automatic "first-degree murder" classification for such deaths, requiring instead that prosecutors prove "deliberately premeditated malice aforethought, extreme atrocity or cruelty" to charge someone with first-degree murder. Otherwise, defendants face a 15-year minimum to life prison sentence for the underlying crime. The law applies retroactively, affecting people already convicted of murder related to felonies before the bill's effective date. It directly impacts individuals charged with murder during crimes like robbery or burglary.
This bill requires police departments, district attorneys, and other legal bodies to provide the public with anonymized statistics on domestic violence, sexual assault, rape, and abuse by family or household members. It mandates that all personal identifying information be removed from the data before release, following specific privacy rules in state law. The law directly affects law enforcement agencies, which must now respond to public data requests with redacted information. This creates a formal process for transparency while protecting victim privacy in reported cases.
SD 803, the Massachusetts Survivors Act, allows adults and children charged with crimes to request alternative resolutions if their alleged offenses were linked to past abuse, sexual assault, PTSD, or human trafficking. Defendants can file motions supported by evidence like court records, medical documentation, or expert testimony about trauma, requiring only a "prima facie showing" (sufficient evidence to suggest eligibility) rather than proof beyond a reasonable doubt. If eligible, courts may grant pretrial diversion (suspending charges for 3-24 months with conditions like counseling or community service), reduced sentences, or postconviction relief. The law mandates annual reporting by the Attorney General on motion statistics, including demographics, and prohibits using evidence presented under this act against defendants in future prosecutions.
By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1708) of William C. Galvin relative to criminalizing sexual assault of a passenger by a rideshare operator. The Judiciary.