Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1587 Compare Versions

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4009 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1587
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber and Brandy Fluker-Reid
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 relative to justice for survivors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/17/2025Brandy Fluker-Reid12th Suffolk1/17/2025Lindsay N. Sabadosa1st Hampshire1/30/2025James C. Arena-DeRosa8th Middlesex2/19/2025Mike Connolly26th Middlesex3/11/2025Marjorie C. Decker25th Middlesex2/14/2025Patrick Joseph Kearney4th Plymouth2/5/2025Jason M. LewisFifth Middlesex2/27/2025Samantha Montaño15th Suffolk2/3/2025Steven Owens29th Middlesex2/14/2025 1 of 13
16	16	HOUSE DOCKET, NO. 4009 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1587
18	18	By Representatives Barber of Somerville and Fluker-Reid of Boston, a petition (accompanied by
19	19	bill, House, No. 1587) of Christine P. Barber, Brandy Fluker-Reid and others relative to adults or
20	20	children charged with crimes. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to justice for survivors.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 263 of the General Laws is hereby amended by inserting after
30	30	2Section 9 the following section:
31	31	3 Section 10. Massachusetts Survivors Act
32	32	4 a) Definitions.
33	33	5 For the purpose of this section, the following words shall have the following meanings:-
34	34	6 i. “Survivor”, an adult or child who has experienced any of the following, as defined
35	35	7below: abuse, sexual assault, or human trafficking.
36	36	8 ii. “Abuse”, includes abuse as defined in either Mass. General Laws c.209A § 1 or Mass.
37	37	9General Laws c.258e § 1. The controlling statutory definitions shall be those as written at the
38	38	10time the survivor’s motion is filed. 2 of 13
39	39	11 iii. “Sexual Assault”, causing another to engage involuntarily in sexual relations by force,
40	40	12threat or duress
41	41	13 iv. “Human Trafficking”, conduct prohibited under sections 50 and 51 of chapter 265 of
42	42	14the General Laws or defined under 22 U.S.C. 7102. The controlling statutory definitions shall be
43	43	15those as written at the time the survivor’s motion is filed.
44	44	16 v. “Documentary evidence”, any evidence corroborating that the defendant is a survivor
45	45	17of abuse. Documentary evidence may include, but is not limited to a court record; a presentence
46	46	18report; a social services record; a hospital record; a sworn statement corroborating the abuse,
47	47	19sexual assault, or human trafficking from someone who is not the defendant; a law enforcement
48	48	20record; a domestic incident report; a protective order; a sworn statement by the defendant; local
49	49	21jail records or records of the Department of Correction; documentation—including written
50	50	22documents, photographs, text messages, emails, videos, and audio recordings—tending to
51	51	23support the claims of the defendant; verification of consultation with a licensed medical care
52	52	24provider or mental health care provider, employee of a court acting within the scope of his or her
53	53	25employment, member of the clergy, attorney, social worker, rape crisis counselor, or other
54	54	26advocate acting on behalf of an agency that assists survivors.
55	55	27 vi. “Prima facie showing”, a defendant produces facts that establish that there is a
56	56	28substantial likelihood that they are a survivor who is eligible for relief under this Act. For
57	57	29purposes of this section, a
58	58	30 vii. “Defendant”, any adult or child charged with a crime. A child shall be considered a
59	59	31defendant for the purposes of this Act regardless of whether they were adjudicated as a 3 of 13
60	60	32“delinquent child” or “youthful offender” as defined under sections 52 through 84 of chapter 119
61	61	33of the General Laws
62	62	34 viii. “substantial likelihood”, requires more than a mere possibility, but less than a
63	63	35standard of more likely than not.
64	64	36 b) Any adult or child charged with a crime may file a motion alleging that they are
65	65	37subject to relief pursuant to the Massachusetts Survivors Act because (1) they are a survivor of
66	66	38abuse, sexual assault, or human trafficking and (2) their alleged offenses were related to their
67	67	39experiences of abuse, sexual assault, or human trafficking.
68	68	40 c) A motion requesting relief pursuant to this Act may be filed at any time after an adult
69	69	41or child has been charged or adjudicated as delinquent. The motion may seek pretrial diversion, a
70	70	42reduced sentence, or postconviction relief. In their motion or at a hearing, the defendant may
71	71	43present evidence including:
72	72	44 i. documentary evidence corroborating that the defendant is a survivor of abuse, sexual
73	73	45assault, or human trafficking.
74	74	46 ii. expert testimony from a psychiatrist, psychologist, or mental health professional;
75	75	47 iii. testimony from the petitioner;
76	76	48 iv. testimony from other witnesses;
77	77	49 v. any other relevant evidence.
78	78	50 d) A person’s eligibility for relief under this Act does not require a prior legal
79	79	51determination that they experienced abuse, sexual assault, or human trafficking. 4 of 13
80	80	52 e) The court shall issue a written order including findings of fact and reasons for its
81	81	53determination regarding the accused’s eligibility for relief under this Act and the sentence
82	82	54imposed.
83	83	55 f) An appeal may be taken as of right regarding any determination of eligibility or
84	84	56sentence imposed pursuant to this Act. Counsel shall be appointed upon request for those who
85	85	57seek to appeal.
86	86	58 g) At any point, the parties may stipulate to the terms of requested relief under this Act.
87	87	59 h) The court shall determine the defendant’s eligibility for relief pursuant to this Act
88	88	60regardless of whether the defendant raised an affirmative defense at any point in the proceedings
89	89	61against them.
90	90	62 i) No evidence, testimony, or records presented during proceedings under this Act shall
91	91	63be admissible in any future civil, criminal, or administrative proceeding, except in cases of
92	92	64perjury, false statements, or fraud committed during such proceedings.
93	93	65 j) Participation in proceedings under this Act shall not be construed as a waiver of
94	94	66constitutional rights and privileges, including the Fifth Amendment right against self-
95	95	67incrimination.
96	96	68 k) The Office of the Attorney General shall collect information regarding each motion
97	97	69filed pursuant to this Act. The Office of the Attorney General shall annually, not later than
98	98	70December 31, report to the joint committee on the judiciary. The report must include the
99	99	71following information:
100	100	72 (1) the number of motions filed; 5 of 13
101	101	73 (2) the number of motions granted;
102	102	74 (3) the sentence requested by the prosecuting agency at sentencing, where applicable;
103	103	75 (4) the sentence or diversion order imposed;
104	104	76 (5) the county in which the petitioner was prosecuted;
105	105	77 (6) the race and ethnicity of the defendant;
106	106	78 (7) the gender and gender identity of the defendant;
107	107	79 SECTION 2. Chapter 263 of the General Laws is hereby amended by inserting after
108	108	80Section 10, the following section
109	109	81 Section 10A: Diversion Pursuant to the Massachusetts Survivors Justice Act
110	110	82 a) A defendant may bring a motion seeking pretrial diversion under this Act wherein
111	111	83criminal or delinquency proceedings are suspended without a plea of guilty for a period of not
112	112	84less than 3 months and not more than 24 months. The motion shall include 1) a statement that the
113	113	85defendant is a survivor as defined in Section 2 of this Act and 2) the defendant’s plan for the
114	114	86diversion period, which may include programs, services, restorative justice activities,
115	115	87employment, and/or community service. If such a motion has been filed, the court shall not
116	116	88proceed with pre-trial hearings until it issues a decision on the motion. Where the defendant
117	117	89requests a hearing and has made a prima facie showing that they meet the requirements of this
118	118	90Act, the court shall order a hearing.
119	119	91 b) Within 60 days of receiving a motion pursuant to this Act or holding a hearing on such
120	120	92a motion, the court shall make written findings as to 1) whether the defendant has established by 6 of 13
121	121	93a preponderance of the evidence that they are a Survivor as defined in Section 2 above and that
122	122	94their alleged criminal offense was related to their experiences as a Survivor such that they are
123	123	95eligible for relief pursuant to this Act and 2) whether the conditions of diversion are feasible and
124	124	96will contribute to the well-being of the defendant and their community.
125	125	97 c) No consent by the defendant to the stay of proceedings or any act done or statement
126	126	98made in fulfillment of the terms and conditions of such stay of proceedings shall be admissible as
127	127	99an admission, implied or otherwise, against the defendant, should the stay of proceedings be
128	128	100terminated and criminal or delinquency proceedings resumed on the original charge or charges;
129	129	101 d) If the defendant has performed satisfactorily in diversion, at the end of the period of
130	130	102diversion, the court shall enter a dismissal of the underlying case. A court may conclude that the
131	131	103defendant has performed satisfactorily if the defendant has substantially complied with the
132	132	104conditions of diversion and not willfully violated any other conditions set by the court. If the
133	133	105defendant does not perform satisfactorily in diversion, the court may extend the period of
134	134	106diversion and modify the conditions; or the court may reinstate criminal or delinquency
135	135	107proceedings.
136	136	108 e) Motions filed under this Section are subject to the provisions set forth in Section 1 of
137	137	109this Act.
138	138	110 SECTION 3. Chapter 263 of the General Laws is hereby amended by inserting after
139	139	111Section 10A, the following section
140	140	112 Section 10B: Sentencing Relief Pursuant to the Massachusetts Survivors Act 7 of 13
141	141	113 a) During a hearing to impose a sentence or accept a plea of guilty, the court shall
142	142	114consider a motion for relief pursuant to Section 2 of this Act. If the court finds by a
143	143	115preponderance of the evidence that the defendant is a survivor of abuse, sexual assault, or human
144	144	116trafficking and that their criminal offense or delinquent behavior was related to their experience
145	145	117as a survivor, the court shall depart from the applicable sentence to the ranges provided as
146	146	118follows, or as provided in subsection B of this Section.
147	147	119 i. Sentences of life without the possibility of parole shall be reduced to 10 years or less;
148	148	120 ii. Sentences of life with the possibility of parole shall be reduced to 7 years or less;
149	149	121 iii. Sentences of 25 years or more shall be reduced to 5 years or less;
150	150	122 iv. Sentences between 20 and 25 years shall be reduced to 4 years or less;
151	151	123 v. Sentences between 15 and 20 years shall be reduced to 3 years or less;
152	152	124 vi. Sentences between 8 and 15 years shall be reduced to 2 years or less; and
153	153	125 vii. Sentences between 2.5 and 8 years shall be reduced by 1 year;
154	154	126 viii. Sentences of 2.5 years or less shall be suspended or imposed as probation.
155	155	127 b) The court may impose a sentence that does not include incarceration, or may direct
156	156	128that the execution of the sentence, or any part thereof, be suspended and that the defendant be
157	157	129placed on probation for such time and on such terms and conditions as it shall fix, as set forth in
158	158	130Chapter 279 of the Massachusetts General Laws, Sections 1-2. 8 of 13
159	159	131 c) A child adjudicated as a youthful offender and prosecuted as an adult is subject to the
160	160	132sentences set forth in subsection A of this section. A child adjudicated as delinquent shall not be
161	161	133committed to the Department of Youth Services.
162	162	134 d) The court shall determine the defendant’s eligibility for relief pursuant to this Act
163	163	135regardless of whether the defendant raised an affirmative defense at the time of their pre-trial,
164	164	136trial, or plea proceedings.
165	165	137 SECTION 4. Chapter 263 of the General Laws is hereby amended by inserting after
166	166	138Section 10B the following section:
167	167	139 Section 10C. Postconviction Relief Pursuant to the Massachusetts Survivors Justice Act
168	168	140 a) Any person who is (1) confined in an institution under the custody and control of the
169	169	141Department of Correction or the Department of Youth Services and (2) eligible for a reduced
170	170	142sentence pursuant to the provisions of this Act may file a petition for relief pursuant to this Act.
171	171	143 b) The administrative justices of the superior court, district court, juvenile court and the
172	172	144Boston municipal court departments shall jointly promulgate a motion form for use under this
173	173	145section that allows petitioners to provide:
174	174	146 i. A declaration by the petitioner that they are eligible for relief under this Act;
175	175	147 ii. The petitioner’s case number and year of conviction or adjudication of delinquency;
176	176	148and
177	177	149 iii. Whether the petitioner requests appointment of counsel. 9 of 13
178	178	150 c) The Department of Correction, Department of Youth Services, and courts with
179	179	151criminal or delinquency jurisdiction will make the petition form available to all incarcerated
180	180	152people free of cost. The petition form will be available for download on a publicly available
181	181	153court website and the Department of Correction website. The petition form will be available by
182	182	154phone or in-person request to a designated clerk at each state trial and appellate court with
183	183	155criminal or delinquency jurisdiction.
184	184	156 d) Petitioners shall file their petitions in the county court where the petitioner was
185	185	157convicted or adjudicated as delinquent and sentenced. Petitions shall be randomly assigned by
186	186	158the administrative judge designated by the office of court administration with jurisdiction over
187	187	159the county where the application is filed to any trial court judge with criminal or delinquency
188	188	160jurisdiction other than the judge who first sentenced the applicant unless the judge who first
189	189	161sentenced the applicant is the only judge in that county.
190	190	162 e) If the court finds that the petitioner has alleged the factors listed in subsection B of this
191	191	163section, the court shall (1) notify the petitioner that they may submit a motion to be resentenced;
192	192	164(2) send the petition to the district attorney where the petitioner was convicted, and (3) appoint
193	193	165counsel, if petitioner requested appointment of counsel. If the court finds that the petitioner has
194	194	166not alleged the factors listed in subsection B of this section, the court shall notify the petitioner
195	195	167and deny their request without prejudice.
196	196	168 f) A motion for resentencing pursuant to this Act shall be filed and adjudicated subject to
197	197	169the procedures set forth in Sections 2 and 4 of this Act.
198	198	170 g) If the court determines that the petitioner should be resentenced, the court shall notify
199	199	171the applicant that, unless they withdraw their application for resentencing or appeal the order of 10 of 13
200	200	172the court, the court shall enter an order vacating the sentence originally imposed and shall
201	201	173impose a new sentence as set forth in Section 4 of this Act.
202	202	174 h) This Section does not diminish or abrogate any rights or remedies otherwise available
203	203	175to the petitioner.
204	204	176 i) A person who is resentenced pursuant to this section shall be given credit for time
205	205	177served toward the sentence originally imposed. A person whose time served exceeds the period
206	206	178of incarceration required by their reduced sentence shall be released.
207	207	179 j) All granted motions will provide notification to all interested parties under M.G.L. Ch.
208	208	180258B.
209	209	181 SECTION 5. Section 100E of chapter 276 of the General Laws is hereby amended by
210	210	182adding the definition “sexual assault, or human trafficking” as follows “a survivor of (i) abuse as
211	211	183defined in section 1 of chapter 209A or section 1 of chapter 258e (ii) sexual assault, defined as
212	212	184causing another to engage involuntarily in sexual relations by force, threat or duress; and/or (iii)
213	213	185human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons
214	214	186under 22 U.S.C. 7102.”survivors of abuse,
215	215	187 SECTION 6. Section 100K of chapter 276 of the General Laws, as so appearing, is
216	216	188hereby amended by striking the word “or” at the end of paragraph (a)(5).
217	217	189 SECTION 7. Section 100K of chapter 276 of the General Laws, as so appearing, is
218	218	190hereby amended by inserting after the sixth paragraph of subsection (a), the following
219	219	191paragraph:- 11 of 13
220	220	192 (7) an offense that was related to the petitioner being a victim of abuse, sexual assault, or
221	221	193human trafficking.
222	222	194 SECTION 8. Section 100K of chapter 276 of the General Laws, as so appearing, is
223	223	195hereby amended by inserting after the first sentence of subsection (b), the following sentences:-
224	224	196 In determining eligibility for relief, a judge shall consider any credible evidence of the
225	225	197defendant’s status as a survivor of abuse, sexual assault, or human trafficking. Credible evidence
226	226	198shall include the testimony of the petitioner as well as documentary evidence including, but not
227	227	199limited to: a court record; a presentence report; a social services record; a hospital record; a
228	228	200sworn statement corroborating the abuse, sexual assault, or human trafficking from someone who
229	229	201is not the defendant; a law enforcement record; a domestic incident report; a protective order; a
230	230	202sworn statement by the defendant; local jail records or records of the Department of Correction;
231	231	203documentation—including written documents, photographs, text messages, emails, videos, and
232	232	204audio recordings—tending to support the claims of the defendant; verification of consultation
233	233	205with a licensed medical care provider or mental health care provider, employee of a court acting
234	234	206within the scope of his or her employment, member of the clergy, attorney, social worker, rape
235	235	207crisis counselor, or other advocate acting on behalf of an agency that assists survivors.
236	236	208 SECTION 9. Chapter 276 of the General Laws is hereby amended by striking out section
237	237	209 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the
238	238	210following section:-
239	239	211 Section 100Q. Unless otherwise provided by law, no person shall make records sealed
240	240	212pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section
241	241	213100H, or section 100K available for inspection in any form by any person. 12 of 13
242	242	214 SECTION 10. Section 100C of chapter 276 of the General Laws, as so appearing, is
243	243	215hereby amended by inserting after the second paragraph, the following paragraphs:-
244	244	216 Notwithstanding other provisions in section 100A—100C, a judge may without a waiting
245	245	217period seal any court appearance or disposition where the offense was related to the petitioner
246	246	218being a survivor of abuse, sexual assault, or human trafficking.
247	247	219 A judge shall consider any credible evidence including testimony of the petitioner in
248	248	220determining eligibility for relief under this section.
249	249	221 SECTION 11. Sections 100A, 100B, and 100C of chapter 276 of the General Laws, as so
250	250	222appearing, are hereby amended by inserting the following language at the end of each section:
251	251	223“The clerk’s office of any division of the trial court, the commissioner of probation, or any other
252	252	224criminal justice agency, upon request of a person whose offense or offenses are sealed, or the
253	253	225person’s legal representative, shall provide access to the information contained in the sealed
254	254	226records to the individual or the individual’s legal representative without first obtaining a court
255	255	227order.”
256	256	228 Chapter 279 of the General Laws is hereby amended by inserting after Section 6B, the
257	257	229following section:
258	258	230 “Section 6C: Special Sentence of Imprisonment for Survivors. A person who is eligible
259	259	231for a reduced or alternative sentence pursuant to the Massachusetts Survivors Act shall be
260	260	232sentenced in accordance with the procedure set forth in in M.G.L. Ch. 263 §§ 10-10A.”
261	261	233 SECTION 12. Chapter 279 of the General Laws is hereby amended by inserting after
262	262	234Section 6B, the following paragraphs 13 of 13
263	263	235 The right to file a motion and obtain relief under this Act shall not be waivable and is not
264	264	236barred by any plea agreement.
265	265	237 The right to file a motion and obtain relief under this Act shall not be waivable and is not
266	266	238barred by any plea agreement.
267	267	239 Notwithstanding any other provision of law concerning postconviction relief, a district
268	268	240attorney in the jurisdiction in which a person was convicted of an offense may file a motion in
269	269	241the district court to vacate or set aside a judgment of conviction at any time if clear and
270	270	242convincing evidence exists establishing that the defendant was convicted of an offense that the
271	271	243defendant did not commit. The district court shall have jurisdiction and authority to consider,
272	272	244hear, and decide the motion.
273	273	245 A conviction, adjudication as of delinquent or youthful offender, or continuance without
274	274	246a finding vacated under this section shall be deemed to have been vacated on the merits.
275	275	247 SECTION 13. Sections 57 and 59 of Chapter 265 of the Mass. General. Laws is repealed
276	276	248and replaced with the following language:
277	277	249 Survivor of abuse, sexual assault, or human trafficking as affirmative defense to criminal
278	278	250or delinquency charges.
279	279	251 In any prosecution or juvenile delinquency proceeding of a person who is a survivor of
280	280	252abuse, sexual assault, or human trafficking it shall be an affirmative defense to the charge that
281	281	253such person was under duress or coerced into committing the offenses for which such person is
282	282	254being prosecuted or against whom juvenile delinquency proceedings have commenced.