| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 565 FILED ON: 1/13/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1533 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Kenneth I. Gordon |
|---|
| 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 amending the victim of violent crime compensation law. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/10/2023 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 565 FILED ON: 1/13/2023 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1533 |
|---|
| 18 | 18 | | By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1533) of |
|---|
| 19 | 19 | | Kenneth I. Gordon for legislation to provide certain persons who were abused as a child with |
|---|
| 20 | 20 | | compensation from the Division of Victim Compensation and Assistance within the Department |
|---|
| 21 | 21 | | of the Attorney General. The Judiciary. |
|---|
| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 23 | 23 | | SEE HOUSE, NO. 1619 OF 2021-2022.] |
|---|
| 24 | 24 | | The Commonwealth of Massachusetts |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
|---|
| 27 | 27 | | (2023-2024) |
|---|
| 28 | 28 | | _______________ |
|---|
| 29 | 29 | | An Act amending the victim of violent crime compensation law. |
|---|
| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 31 | 31 | | of the same, as follows: |
|---|
| 32 | 32 | | 1 SECTION 1. Chapter 258C of the General Laws, as most recently amended by Section |
|---|
| 33 | 33 | | 2109 of Chapter 256 of the Acts of 2010, is hereby amended by inserting after the second sentence |
|---|
| 34 | 34 | | 3in section 2 (b), the following sentence: |
|---|
| 35 | 35 | | 4 In the case of a claimant who was sexually abused as a minor, such good cause shall |
|---|
| 36 | 36 | | 5include the report of a duly licensed mental health professional stating an opinion that the |
|---|
| 37 | 37 | | 6claimant did not make the connection between the sexual abuse and the harm suffered by the |
|---|
| 38 | 38 | | 7claimant at the time the abuse occurred, and that claimant's failure to make the connection was |
|---|
| 39 | 39 | | 8consistent with the typical responses by such victims of childhood sexual abuse. 2 of 2 |
|---|
| 40 | 40 | | 9 SECTION 2. Chapter 258C of the General Laws, as most recently amended by Section |
|---|
| 41 | 41 | | 10127 of Chapter 176 of the Acts of 2008, is hereby amended by inserting after section 5 (a) (1) the |
|---|
| 42 | 42 | | 11following: |
|---|
| 43 | 43 | | 12 In the case of a claimant who was sexually abused as a minor, said three years shall |
|---|
| 44 | 44 | | 13commence to run when the claimant first makes the connection between the sexual abuse and the |
|---|
| 45 | 45 | | 14harm suffered by the claimant as a result. The report of a duly licensed mental health |
|---|
| 46 | 46 | | 15professional stating an opinion as to the date when the claimant first made the connection |
|---|
| 47 | 47 | | 16between the sexual abuse and the harm suffered by the claimant, and that the claimant's failure to |
|---|
| 48 | 48 | | 17make the connection prior to that date was consistent with the typical responses by such victims |
|---|
| 49 | 49 | | 18of childhood sexual abuse, shall be prima facie evidence in all proceedings under this chapter. |
|---|