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