By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1731) of Kenneth I. Gordon for legislation to provide certain persons who were abused as a child with compensation from the Division of Victim Compensation and Assistance within the Department of the Attorney General. The Judiciary.
By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1999) of Alyson M. Sullivan-Almeida for legislation to establish a permanent commission (including members of the General Court) to study the service standards for sexual assault and domestic violence service providers. The Judiciary.
HD 1348, titled "An Act protecting children from domestic violence," increases penalties for assault committed within a dwelling in the presence of a child under 16. It makes such acts punishable by up to 5 years in state prison, 2.5 years in house of correction, or a $5,000 fine. The bill also requires law enforcement filing charges to notify the Department of Social Services, which may use the information at its discretion. This directly affects children under 16 exposed to domestic violence in homes and holds perpetrators to stricter standards.
This bill sets new hourly compensation rates for attorneys representing indigent clients in Massachusetts. It establishes specific rates: $150 for homicide cases, $105 for non-homicide superior court cases, $73 for district court cases, and $90 for family law, children's, mental health, and sex offender registry cases. The rates must be reviewed every three years through public hearings involving bar associations and interested groups. The changes take effect on July 1, 2025, and apply to all attorneys appointed under the private counsel division of the committee.
This bill creates a separate criminal offense for causing death or bodily injury to a fetus (defined as "child in utero" at any developmental stage) through acts that would otherwise violate laws like assault. It directly affects individuals whose criminal conduct results in fetal harm, such as in cases of domestic violence or accidents. The key mechanism sets the punishment for this offense equal to what would apply if the injury occurred to the pregnant person, and it explicitly excludes prosecution for legal abortions, medical treatments for the pregnant person or fetus, or actions taken by the pregnant person themselves. The law clarifies that intent to harm the fetus or knowledge of pregnancy is not required for prosecution.
This bill prohibits courts from granting visitation or custody rights to parents convicted of specific sexual assault crimes (including rape) when the child was conceived during the crime, the victim was pregnant at the time, or the child is a victim or witness. Exceptions allow such rights only if a court determines it is in the child's best interests and the mother affirmatively consents. The bill clarifies that failure to convict does not disprove the crime occurred, but it does not affect a perpetrator's obligation to pay child support or the child's right to inherit from them. It applies to multiple family court statutes covering custody, visitation, and related proceedings.
This bill (HD 2682) amends Massachusetts law to expand protections for transit workers against assault and battery. It explicitly adds "public transit worker" to the list of protected employees under Section 13D of Chapter 265, and defines "assault and battery" to include attacks using bodily substances like blood, saliva, or urine. The law now treats such assaults as more severe offenses, with specific legal definitions clarifying what constitutes a "bodily substance." This directly affects transit workers by making assaults against them a distinct criminal violation under state law. The changes provide clearer legal grounds for prosecuting attacks on transit staff using bodily substances.
HD 3999 amends Massachusetts law to clarify definitions used in criminal investigations. It redefines "transmitted communication" to explicitly include modern digital communications (like smartphone texts, data, and images) while excluding tone-only pagers and financial transaction data. The bill also expands the list of "designated offenses" to include homicide, violent crimes, drug violations, firearm crimes, and human trafficking, along with accessories and conspirators. These changes directly affect law enforcement agencies investigating these specific serious crimes under the updated legal framework.
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.
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.
