Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1791 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. 709 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1791
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Chynah Tyler
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 protecting the safety of victims of violent crimes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/17/2023Andrea Joy CampbellAttorney General, One Ashburton
16	16	Place, Boston, MA 02108
17	17	1/20/2023 1 of 2
18	18	HOUSE DOCKET, NO. 709 FILED ON: 1/17/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1791
20	20	By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1791) of Chynah
21	21	Tyler and Andrea Joy Campbell relative to protecting the safety of victims of violent crimes.
22	22	The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 1906 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act protecting the safety of victims of violent crimes.
31	31	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
32	32	protect the safety of victims of violent crimes by ensuring records and information received,
33	33	obtained or maintained by the division in connection with any claim for crime victim
34	34	compensation shall be confidential and privileged, and shall not be disclosed by the division or
35	35	by anyone who receives such records or information from the division, therefore it is hereby
36	36	declared to be an emergency law, necessary for the immediate preservation of the public safety.
37	37	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
38	38	of the same, as follows:
39	39	1 SECTION 1. Chapter 258C of the General Laws, as appearing in the 2018 Official
40	40	2Edition, is amended by adding the following new section:-
41	41	3 Section 15. (a) Except as otherwise provided in this section, all records and information
42	42	4received, obtained or maintained by the division in connection with any claim for crime victim
43	43	5compensation shall be confidential and privileged, and shall not be disclosed by the division or
44	44	6by anyone who receives such records or information from the division. (b) Nothing in this 2 of 2
45	45	7section shall preclude disclosure of records or information: (1) for the processing of a claim by
46	46	8the division or responding to an action in court seeking review of a decision by the division, at
47	47	9the sole discretion of the attorney general or her designee; (2) consisting of information
48	48	10exchanged between the claimant or his or her authorized representative and the division,
49	49	11provided that the claimant or his or her authorized representative consents to such disclosure in
50	50	12writing; (3) in response to a request for information for legitimate criminal justice purposes, at
51	51	13the sole discretion of the attorney general or her designee; (4) to the extent required by rules of
52	52	14criminal procedure governing mandatory discovery, or the production or introduction into
53	53	15evidence of exculpatory or statutorily privileged records; or (5) upon a lawful order issued by a
54	54	16court of competent jurisdiction.