Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1538 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. 1606 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1538
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 relative to preventing educator sexual misconduct and abuse of children and youth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/18/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1606 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1538
18	18	By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1538) of
19	19	Kenneth I. Gordon relative to preventing educator sexual misconduct and abuse of children and
20	20	youth. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to preventing educator sexual misconduct and abuse of children and youth.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 268 of the General Laws, as appearing in the 2016 Official Edition,
30	30	2is hereby amended by inserting after section 21B the following section:-
31	31	3 Section 21C. A person over the age of 21 who is employed by or contracts with a public
32	32	4or private school, the department of youth services, the department of children and families, the
33	33	5department of mental health, the department of developmental services or a private institution
34	34	6that provides services to clients of such departments, such as an administrator, teacher,
35	35	7counselor, coach, bus driver or a person in a similar position of authority in the school,
36	36	8department or institution and, in the course of such employment or contract or as a result thereof,
37	37	9engages in, within or outside of the school, department or institution, sexual relations with a
38	38	10person who is: (i) under the age of 19, has not received a high school diploma, general
39	39	11educational development certificate or equivalent document and is served by the school,
40	40	12department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has 2 of 3
41	41	13not received a high school diploma, general educational development certificate or equivalent
42	42	14document and is served by the school, department or institution, shall have a cause of action
43	43	15against such an employee or contractor, under chapter 260, section 4C. In a civil action
44	44	16commenced under said section, a person served by such school, department or institution shall be
45	45	17deemed incapable of consent to sexual relations with such an employee or contractor.
46	46	18 SECTION 2. Said chapter 268 is hereby amended by inserting after section 21A the
47	47	19following section:-
48	48	20 Section 21B. A person over the age of 21 who is employed by or contracts with a public
49	49	21or private school, the department of youth services, the department of children and families, the
50	50	22department of mental health, the department of developmental services or a private institution
51	51	23that provides services to clients of such departments, such as an administrator, teacher,
52	52	24counselor, coach, bus driver, or a person in a position of authority in the school, department or
53	53	25institution and, in the course of such employment or contract or as a result thereof, engages in,
54	54	26within or outside of the school, department or institution, sexual relations with a person who is:
55	55	27(i) under the age of 19, has not received a high school diploma, general educational development
56	56	28certificate or equivalent document and is served by the school, department or institution; or (ii)
57	57	29under the age of 22, has special needs under chapter 71B, has not received a high school
58	58	30diploma, general educational development certificate or equivalent document and is served by
59	59	31the school, department or institution, shall be punished by imprisonment in a state prison for not
60	60	32more than 5 years or in a jail or house of corrections for not more than 2½ years, by a fine of
61	61	33$10,000 or by both such fine and imprisonment. Registration as a sex offender shall be required.
62	62	34In the case of a teacher or other licensed professional, revocation of the teaching certificate or
63	63	35professional license shall also be required. In a prosecution commenced under this section, an 3 of 3
64	64	36individual served by such a school, department or institution shall be deemed incapable of
65	65	37consent to sexual relations with the person.