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