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| 2 | 2 | | SENATE DOCKET, NO. 241 FILED ON: 1/12/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 106 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joan B. Lovely |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to preventing sexual abuse of children and youth by adults in positions of |
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| 13 | 13 | | authority or trust. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Joan B. LovelySecond Essex 1 of 2 |
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| 17 | 17 | | SENATE DOCKET, NO. 241 FILED ON: 1/12/2023 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 106 |
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| 19 | 19 | | By Ms. Lovely, a petition (accompanied by bill, Senate, No. 106) of Joan B. Lovely for |
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| 20 | 20 | | legislation relative to preventing sexual abuse of children and youth by adults in positions of |
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| 21 | 21 | | authority or trust. Children, Families and Persons with Disabilities. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE SENATE, NO. 132 OF 2021-2022.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
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| 27 | 27 | | (2023-2024) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act relative to preventing sexual abuse of children and youth by adults in positions of |
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| 30 | 30 | | authority or trust. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 Chapter 268 of the General Laws is hereby amended by inserting after section 21A the |
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| 34 | 34 | | 2following new section:- |
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| 35 | 35 | | 3 Section 21B. A person over the age of 21 who is employed by or contracts with a public |
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| 36 | 36 | | 4or private school, the department of youth services, the department of children and families, the |
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| 37 | 37 | | 5department of mental health, the department of developmental services or a private institution |
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| 38 | 38 | | 6that provides services to clients of such departments, who is a teacher, administrator or a person |
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| 39 | 39 | | 7in a similar position of authority in the school, department or institution and, in the course of |
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| 40 | 40 | | 8such employment or contract or as a result thereof, engages in, within or outside of the school, |
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| 41 | 41 | | 9department or institution, sexual relations with a person who is: (i) under the age of 19, has not 2 of 2 |
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| 42 | 42 | | 10received a high school diploma, general educational development certificate or equivalent |
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| 43 | 43 | | 11document and is served by the school, department or institution; or (ii) under the age of 22, has |
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| 44 | 44 | | 12special needs under chapter 71B, has not received a high school diploma, general educational |
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| 45 | 45 | | 13development certificate or equivalent document and is served by the school, department or |
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| 46 | 46 | | 14institution, shall have a cause of action against such an employee or contractor, under chapter |
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| 47 | 47 | | 15260, section 4C. In a civil action commenced under said section, a person served by such school, |
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| 48 | 48 | | 16department or institution shall be deemed incapable of consent to sexual relations with such an |
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| 49 | 49 | | 17employee or contractor. |
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