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| 2 | 2 | | SENATE DOCKET, NO. 56 FILED ON: 1/10/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1120 |
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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 | | Bruce E. Tarr |
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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 to recover assets used in the commission of sexual offenses. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 56 FILED ON: 1/10/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1120 |
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| 18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1120) of Bruce E. Tarr for legislation |
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| 19 | 19 | | to recover assets used in the commission of sexual offenses. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1019 OF 2019-2020.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to recover assets used in the commission of sexual offenses. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Chapter 10 of the General Laws is hereby amended after Section 28B by |
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| 31 | 31 | | 2inserting the following new section:- |
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| 32 | 32 | | 3 “Forfeiture of prizes for sexual offense violations |
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| 33 | 33 | | 4 Section 28C. Any holder of a winning ticket who is convicted of a violation of sections |
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| 34 | 34 | | 522-24C, inclusive, or sections 50 or 51, of chapter 265 of the General Laws shall be ineligible for |
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| 35 | 35 | | 6any remaining portion of a prize not yet disbursed. The commission shall not make any further |
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| 36 | 36 | | 7disbursements to the holder and shall return the remaining balance of the prize to the State |
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| 37 | 37 | | 8Lottery and Gaming Fund established by section 10 of this chapter. |
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| 38 | 38 | | 9 SECTION 2. Section 55 of chapter 265 of the General Laws is hereby amended by |
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| 39 | 39 | | 10striking the section in its entirety and inserting in place thereof the following:- 2 of 3 |
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| 40 | 40 | | 11 “Forfeiture of funds used to facilitate violations of Secs. 22-24C, 50 or 51; victim |
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| 41 | 41 | | 12restitution |
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| 42 | 42 | | 13 Section 55. All monies furnished or intended to be furnished by any person in exchange |
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| 43 | 43 | | 14for forced labor or services or sexual servitude, and all monies used or intended to be used to |
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| 44 | 44 | | 15facilitate any violation of sections 22-24C, inclusive, or section 50 or 51, shall be subject to |
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| 45 | 45 | | 16forfeiture to the commonwealth and shall be made available by the court to any victim ordered |
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| 46 | 46 | | 17restitution by the court pursuant to section 3 of chapter 258B. |
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| 47 | 47 | | 18 SECTION 3. Section 56 of said Chapter 265 is hereby amended by striking the title and |
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| 48 | 48 | | 19inserting in place thereof the following:- |
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| 49 | 49 | | 20 “Property subject to forfeiture resulting from violations of Secs. 22-24C, 50 or 51; |
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| 50 | 50 | | 21procedure; exceptions; records; preliminary orders for seizure; referral to office of seized |
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| 51 | 51 | | 22property management; homestead exemptions; recording of certificate of fact of final judgment” |
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| 52 | 52 | | 23 SECTION 4. Section 56 of said chapter 265 is hereby further amended by inserting |
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| 53 | 53 | | 24before the words “section 50 or 51,” wherever so appearing, the following:- |
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| 54 | 54 | | 25 “sections 22-24C, inclusive, or” |
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| 55 | 55 | | 26 SECTION 5. Section 56 of said chapter 265 is hereby further amended by inserting after |
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| 56 | 56 | | 27clause (iv) in line 18 the following new clause:- |
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| 57 | 57 | | 28 “(v) any monies received from the commonwealth, or from any fund or commission |
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| 58 | 58 | | 29established by the commonwealth, including but not limited to prizes disbursed by the State |
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| 59 | 59 | | 30Lottery Commission established by section 23 of chapter 10 of the General Laws, that were used 3 of 3 |
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| 60 | 60 | | 31or intended to be used to facilitate any violation of sections 22-24C, inclusive, or section 50 or |
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| 61 | 61 | | 3251” |
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