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HOUSE DOCKET, NO. 1356 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2179
The Commonwealth of Massachusetts
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PRESENTED BY:
Colleen M. Garry
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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 protecting victims of sexual assault.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/10/2023 1 of 2
HOUSE DOCKET, NO. 1356 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2179
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2179) of Colleen
M. Garry relative to testing persons convicted of sexual assault for the HIV virus. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2302 OF 2021-2022.]
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 protecting victims of sexual assault.
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, is hereby amended by inserting after
2section 24C the following section:— Section 24D. (a) Within 14 days after conviction of any
3crime listed in section 13B, 13F, 13H, 22, 22A, 23, 24, or 24B of this Chapter, the person
4convicted shall submit to medical testing to determine the presence of Human Immune
5Deficiency Virus and the results of said testing shall be made available to the person tested and
6to the complaining witness of the crimes for which the conviction stands. (b) Said testing shall be
7conducted under the direction of the Superintendent, Warden or Sheriff of any institution in
8which the convicted person is held in custody, or under the direction of the Probation
9Department of the Court in which the conviction occurred, if the person convicted is not held in
10custody. (c) Notwithstanding any general or special law to the contrary, no person required to be
11tested under this Section may be eligible for parole, work release, education release, or transfer 2 of 2
12to any facility except a maximum or medium security facility, nor shall said person accrue any
13credits for deductions for early release from his sentence until such time said testing is
14completed. (d) Any person refusing to submit to testing under this section shall be returned to the
15Court of his conviction within seven days following such refusal, and shall show cause why said
16person shall not be held in contempt of said Court. At said hearing, the Court may, in its
17discretion, sentence said person for contempt, revoke and revise the person’s sentence, or both.
18Such refusal shall also constitute sufficient grounds for a Court to find a person in violation of
19any period if probation.