Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1587

Introduced
2/27/25  

Caption

Relative to justice for survivors

Impact

If enacted, this bill would amend existing Massachusetts General Laws, particularly Chapter 263 and Chapter 279, to include provisions that recognize the experiences of survivors during legal proceedings. This could significantly shift the landscape of criminal justice in Massachusetts by allowing defendants to argue that their offenses were a response to their victimization. Judges would be obligated to consider evidence of abuse, sexual assault, or human trafficking when determining eligibility for relief. This change could ultimately lead to fewer convictions for related offenses and greater support for individuals who have endured trauma, aligning punishment with the circumstances of the crime rather than applying standard sentencing practices indiscriminately.

Summary

House Bill H1587, titled 'An Act relative to justice for survivors,' focuses on providing legal relief and support for individuals charged with crimes who are also survivors of abuse, sexual assault, or human trafficking. The bill introduces the Massachusetts Survivors Act, which aims to create a legal framework recognizing that various criminal behaviors may be directly linked to a defendant's status as a survivor. The proposed legislation lays out definitions for survivors, as well as the circumstances under which they may be eligible for various types of relief, including pre-trial diversion, reduced sentencing, or post-conviction relief. The intent is to allow those individuals to seek justice and reparation for their circumstances rather than being unduly penalized for behaviors arising from their victimization.

Contention

The bill is likely to generate discussion regarding the balance between justice for survivors and public safety. Supporters argue that the legislation is a necessary reform to ensure that survivors are not penalized for actions taken under duress or as a response to abuse. Critics, however, may express concerns about the potential for perceived leniency towards defendants who invoke such defenses, questioning the implications for crime deterrence and community safety. Additionally, the bill's language allowing for post-conviction relief could lead to significant changes in how past convictions are treated, raising questions about the reliability of victim testimonies and the criteria for relief.

Companion Bills

No companion bills found.

Previously Filed As

MA H1597

To strengthen justice and support for sex trade survivors

MA S983

To strengthen justice and support for sex trade survivors

MA H1701

Supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records

MA H1546

Establishing a bill of rights for survivors of sexual assault and related purposes

MA H1702

Improving protections for sexual assault survivors

MA S1078

Establishing a bill of rights for survivors of sexual assault and related purposes

MA S1019

Improving protections for sexual assault survivors

MA S1057

To strengthen laws combatting human trafficking and protecting survivors of modern-day slavery

MA S1002

Supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records

MA S1099

To protect survivors of domestic violence

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Relative to justice for survivors

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Supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records

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Supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records

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