Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1458 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 873 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1458
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to enhance the rights of crime victims in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/11/2023Vanna Howard17th Middlesex1/31/2023 1 of 6
16	16	HOUSE DOCKET, NO. 873 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1458
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1458) of
19	19	Marjorie C. Decker and Vanna Howard relative to the rights of victims of certain crimes. The
20	20	Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1530 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to enhance the rights of crime victims in the Commonwealth.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 258B, as appearing in the 2020 Official Edition, is
32	32	2hereby amended by inserting after the word “stepparent”, in line 16, the following word:-
33	33	3grandparent,
34	34	4 SECTION 2. Said Section 1 of said chapter 258B, as so appearing, is hereby further
35	35	5amended by inserting after the words “two hundred and fifty-eight C”, in line 17, the following
36	36	6words:- person with whom the victim lived and in a relationship similar to marriage,
37	37	7 SECTION 3. Said Section 1 of said chapter 258B, as so appearing, is hereby further
38	38	8amended by inserting, after line 18, the following words:- 2 of 6
39	39	9 “probation officer”, an associate probation officer, probation officer, assistant chief
40	40	10probation officer, chief probation officer, regional probation supervisor, statewide probation
41	41	11supervisor, victim service coordinator, the deputy commissioner of field services, and any other
42	42	12personnel whom the commissioner of probation shall direct.
43	43	13 SECTION 4. Section 2 of said chapter 258b, as so appearing, is hereby amended by
44	44	14inserting at the beginning the following:-
45	45	15 Services provided in this chapter shall be afforded to victims and family members of
46	46	16violent crimes, including homicide and sexual assault, to the fullest extent possible in matters
47	47	17that have not resulted in complaints or indictments have not been issued.
48	48	18 SECTION 5. Said Section 2 of said chapter 258B, as so appearing, is hereby amended by
49	49	19inserting before the word “prosecutors”, in line 1, the following word:-
50	50	20 Furthermore,
51	51	21 SECTION 6. Subsection (l) of Section 3 of said chapter 258B, as so appearing, is hereby
52	52	22amended by striking out, in line 91, the word “A” and inserting in place thereof the following
53	53	23word:- B
54	54	24 SECTION 7. Said section 3 of said chapter 258B, as so appearing, is hereby amended by
55	55	25striking out subsection (p) and inserting in place thereof the following subsection:-
56	56	26 (p) for victims, to be present and heard at sentencing or the disposition of the case against
57	57	27the defendant. If a victim is unavailable or not present at the time the defendant pleads or is
58	58	28found guilty, delinquent, or admits to sufficient facts, the court shall delay sentencing by no less
59	59	29than one business day to afford victims the opportunity to be present and or heard. The court 3 of 6
60	60	30may inquire of the prosecutor, on the record, whether the victim has indicated their desire to not
61	61	31be present or heard at sentencing. Victims have the right to be heard through an oral and written
62	62	32victim impact statement at sentencing or the disposition of the case against the defendant, even if
63	63	33there is admission to sufficient facts, the sentence is mandatory, or there is an agreed upon plea,
64	64	34about the effects of the crime on the victim and as to a recommended sentence, pursuant to
65	65	35section four B of chapter two hundred and seventy-nine, and to be heard at any other time
66	66	36deemed appropriate by the court. The court shall consider said victim impact statement in
67	67	37disposition of the case against the defendant. The victim also has a right to submit the victim
68	68	38impact statement to the parole board for inclusion in its records regarding the perpetrator of the
69	69	39crime;
70	70	40 SECTION 8. Subsection (t) of said section 3 of said chapter 258B, as so appearing, is
71	71	41hereby amended by inserting after the word “custody,”, in line 144, the following words:-
72	72	42including a release on bail,
73	73	43 SECTION 9. Said section 3 of said chapter 258B, as so appearing, is hereby amended by
74	74	44inserting the following sections:-
75	75	45 (x) for victims, to be notified by the prosecutor that they have the right to provide the sex
76	76	46offender registry board with a written impact statement for inclusion in the convicted sex
77	77	47offender’s classification determination pursuant to section 178K(1)(k) of chapter 6.
78	78	48 (y) for victims, to be notified by the probation officer if an offender has a violation of
79	79	49probation hearing, any sentencing after a finding of a violation of probation, and any motion to
80	80	50modify the sentence or disposition of probation, including a transfer of supervision or a motion 4 of 6
81	81	51to terminate. Victims requesting such notice must provide the probation service with current
82	82	52contact information.
83	83	53 (z) for victims, to be heard through an oral or written statement after a finding of a
84	84	54violation of probation, and any motion to modify the sentence or disposition, including a motion
85	85	55to terminate.
86	86	56 SECTION 10. Section 7 of said chapter 258B, as so appearing, is hereby amended by
87	87	57inserting after the words “district attorney,”, in line 1, the following words:- probation service,
88	88	58parole board, sex offender registry board, department of correction, department of youth
89	89	59services, sheriffs,
90	90	60 SECTION 11. The first sentence of section 4B of chapter 279, as appearing in the 2020
91	91	61Official Edition, is hereby amended by striking out the words “against the person or crime where
92	92	62physical injury to a person results, excluding any crime for which a sentence of death may be
93	93	63imposed, and which involves an identified victim whose whereabouts “ and inserting in place
94	94	64thereof the following words:- a victim as defined by chapter 258B.
95	95	65 SECTION 12. Said Section 4B of said chapter 279, as so appearing, is hereby further
96	96	66amended by inserting after the fourth paragraph the following paragraph:-
97	97	67 The court shall consider said victim impact statement in disposition of the case against
98	98	68the defendant.
99	99	69 SECTION 13. There shall be a bail notification special commission established pursuant
100	100	70to section 2A of chapter 4 of the General Laws, referred to in this section as the commission. The
101	101	71commission shall evaluate policies and procedures related to the current bail system and 5 of 6
102	102	72recommend improvements or changes related to notification services, pursuant to section 3(t) of
103	103	73chapter 258B, for victims and family members of crime, as defined by chapter 258B.
104	104	74 (a) The commission shall consist of no more than 11 members: 1 of whom shall be the
105	105	75executive director of the Massachusetts office for victim assistance or designee, whom shall
106	106	76serve as chair; 1 of whom shall be a member of the house of representatives appointed by the
107	107	77speaker of the house of representatives; 1 of whom shall be a member of the senate appointed by
108	108	78the president of the senate; 1 of whom shall be the chief justice of the trial court or designee; 1 of
109	109	79whom shall be the secretary of the executive office of public safety and security or designee; 1 of
110	110	80whom shall be the commissioner of probation service or designee; 1 of whom shall be the
111	111	81president of the Massachusetts chiefs of police association or designee; 1 of whom shall be the
112	112	82president of the Massachusetts sheriffs association or designee; 1 of whom shall be the president
113	113	83of the Massachusetts district attorneys association or designee; and no more than 2 of whom
114	114	84shall be crime victims appointed by the victim and witness assistance board.
115	115	85 (b) The commission shall submit its final report to the governor, the house and senate
116	116	86chairs of the joint committee on the judiciary and the house and senate chairs of the joint
117	117	87committee on public safety and homeland security not later than December 31, 2024 which shall
118	118	88include: (i) an evaluation of the current practices relative to bail notification to victims and
119	119	89family members when an offender is released from custody; (ii) an evaluation of what shall
120	120	90constitute appropriate notification to victims and family members and the best practice in which
121	121	91to provide notification (iii) a policy recommendation to ensure appropriate notification services
122	122	92are provided to victims and family members dependent on the custodial authority in which an
123	123	93offender is held; (iv) any proposed technology or multi-disciplinary system recommendations to
124	124	94provide notification services, including contracting with state or non-state entities to develop 6 of 6
125	125	95implementation plans and estimated costs to the commonwealth; and (v) any additional proposed
126	126	96policy, regulatory, or statutory changes concerning notification services for victims and family
127	127	97members within the pretrial system.