Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1768 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. 2522 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1768
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Thomas M. Stanley
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 the protection of vulnerable adults from sexual assault committed by
13	13	mandated reporters, persons in a position of trust, and providers of transportation.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Thomas M. Stanley9th Middlesex1/19/2023David F. DeCoste5th Plymouth1/31/2023 1 of 2
17	17	HOUSE DOCKET, NO. 2522 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1768
19	19	By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 1768) of
20	20	Thomas M. Stanley and David F. DeCoste relative to the protection of vulnerable adults from
21	21	sexual assault. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the protection of vulnerable adults from sexual assault committed by
28	28	mandated reporters, persons in a position of trust, and providers of transportation.
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. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition,
32	32	2is hereby amended by adding the following new section 22D:
33	33	3 (a) Whoever, being at the time (1) a mandated reporter as defined in section 21 of chapter
34	34	4119, section 1 of chapter 19C, or section 15 of chapter 19A, or (2) a person with supervisory
35	35	5responsibility or disciplinary authority over such vulnerable adult by virtue of his or her legal,
36	36	6professional or occupational status, or (3) in the course of providing transportation, or
37	37	7immediately before or after, as an employee or contracted service provider, has sexual
38	38	8intercourse or unnatural sexual intercourse with, or commits indecent assault and battery upon, a
39	39	9vulnerable adult as defined herein, knowing such person to be a vulnerable adult, shall be
40	40	10punished. 2 of 2
41	41	11 (b) Whoever commits sexual intercourse (natural or unnatural) with a vulnerable adult
42	42	12shall be punished by imprisonment in the state prison for not more than twenty years; and
43	43	13whoever commits a second or subsequent such offense shall be punished by imprisonment in the
44	44	14state prison for life, or for any term of years. Whoever commits an indecent assault and battery
45	45	15on a vulnerable adult shall be punished by imprisonment in the state prison for not more than ten
46	46	16years, or by imprisonment in the house of correction for not more than two and one-half years;
47	47	17and whoever commits a second or subsequent such offense shall be punished by imprisonment in
48	48	18the state prison for not more than twenty years. A prosecution commenced under either section
49	49	19of this paragraph shall not be placed on file nor continued without a finding.
50	50	20 (c) Consent of the vulnerable adult to such sexual intercourse or indecent assault and
51	51	21battery shall not constitute a defense or excuse to this offense.
52	52	22 (d) A vulnerable adult is a person fourteen years of age or older who at the time of the
53	53	23offense (1) is admitted to a mental health facility or to a community based or residential facility,
54	54	24or (2) is receiving community-based services through the Department of Developmental Services
55	55	25or the Department of Mental Health or the Massachusetts Rehabilitation Commission, or (3) is a
56	56	26resident of a long-term care facility.
57	57	27 SECTION 2. Section 178C of Chapter 6 of the General Laws, as so appearing, is hereby
58	58	28amended by inserting into the definition of “Sex offense” after the words “aggravated rape under
59	59	29section 39 of chapter 277;” the following: “sexual assault of vulnerable adults under section 22D
60	60	30of chapter 265;”