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2 | 2 | | HOUSE DOCKET, NO. 1804 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1708 |
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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 | | William C. Galvin |
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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 criminalizing sexual assault of a passenger by a rideshare operator. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/15/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 1804 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1708 |
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18 | 18 | | By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1708) of |
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19 | 19 | | William C. Galvin relative to criminalizing sexual assault of a passenger by a rideshare operator. |
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20 | 20 | | The Judiciary. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act criminalizing sexual assault of a passenger by a rideshare operator. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2022 |
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30 | 30 | | 2Official Edition, is hereby amended by inserting after the figure “265”, in line 62, the following |
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31 | 31 | | 3words:- ; indecent assault and battery on vulnerable persons in custody by law enforcement |
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32 | 32 | | 4under section 13H½ of said chapter 265; indecent assault and battery on a patient or client by a |
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33 | 33 | | 5health care provider under section 13H¾ of said chapter 265; indecent assault and battery on a |
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34 | 34 | | 6passenger by a rideshare operator under section 13I. |
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35 | 35 | | 7 SECTION 2. Said section 178C of said chapter 6, as so appearing, is hereby further |
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36 | 36 | | 8amended by inserting after the figure “265”, in line 67, the following words:- ; rape of a patient |
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37 | 37 | | 9or client by a health care provider under section 22D of said chapter 265; rape of a passenger by |
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38 | 38 | | 10a rideshare operator under section 22E of said chapter 265. |
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39 | 39 | | 11 SECTION 3. Section 1 of chapter 123A of the General Laws, as so appearing, is hereby |
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40 | 40 | | 12amended by inserting after the word “sixty-five”, in line 49, the following words:- ; indecent 2 of 4 |
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41 | 41 | | 13assault and battery on vulnerable persons in custody by law enforcement under section 13H½ of |
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42 | 42 | | 14said chapter 265; indecent assault and battery on a patient or client by a health care provider |
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43 | 43 | | 15under section 13H¾ of said chapter 265; indecent assault and battery on a passenger by a |
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44 | 44 | | 16rideshare operator under section 13I. |
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45 | 45 | | 17 SECTION 4. Said section 1 of said chapter 123A, as so appearing, is hereby further |
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46 | 46 | | 18amended by inserting after the figure “265”, in line 54, the following words:- ; rape of a patient |
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47 | 47 | | 19or client by a health care provider under section 22D of said chapter 265; rape of a passenger by |
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48 | 48 | | 20a rideshare operator under section 22E of said chapter 265. |
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49 | 49 | | 21 SECTION 5. Section 133E of chapter 127 of the General Laws, as so appearing, is |
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50 | 50 | | 22hereby amended by inserting after the figure “265”, in line 16, the following words:- ; indecent |
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51 | 51 | | 23assault and battery on vulnerable persons in custody by law enforcement under section 13H½ of |
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52 | 52 | | 24said chapter 265; indecent assault and battery on a patient or client by a health care provider |
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53 | 53 | | 25under section 13H¾ of said chapter 265; indecent assault and battery on a passenger by a |
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54 | 54 | | 26rideshare operator under section 13I. |
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55 | 55 | | 27 SECTION 6. Said section 133E of said chapter 127, as so appearing, is hereby further |
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56 | 56 | | 28amended by inserting after the figure “265”, in line 20, the following words:- ; rape of a patient |
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57 | 57 | | 29or client by a health care provider under section 22D of said chapter 265; rape of a passenger by |
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58 | 58 | | 30a rideshare operator under section 22E of said chapter 265. |
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59 | 59 | | 31 SECTION 7. Chapter 265 of the General Laws is hereby amended by inserting after |
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60 | 60 | | 32section 13H ¾ the following section:- Section 13I (a) For the purposes of this section, “ride share |
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61 | 61 | | 33operator” shall mean a person operating or holding themselves out as an operator of a motor |
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62 | 62 | | 34vehicle through a transportation network company; “Transportation network company” shall 3 of 4 |
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63 | 63 | | 35mean a corporation, partnership, sole proprietorship or other entity that uses a digital network to |
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64 | 64 | | 36connect riders to drivers to pre-arrange and provide transportation. A “ride” shall mean a period |
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65 | 65 | | 37of time that begins when a transportation network driver accepts a requested ride through a |
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66 | 66 | | 38digital network, continues while the driver transports the transportation network company rider |
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67 | 67 | | 39and ends when the rider safely departs from the vehicle. |
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68 | 68 | | 40 (b) A person who is, or holds themselves out to be, a rideshare operator commits an |
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69 | 69 | | 41indecent assault and battery on a passenger during a ride shall be punished by imprisonment in |
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70 | 70 | | 42the state prison for not more than 5 years or by imprisonment in a house of correction for not |
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71 | 71 | | 43more than 2 1/2 years. In a prosecution commenced under this section, the passenger shall be |
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72 | 72 | | 44deemed incapable of consenting to contact of a sexual nature when consent was procured during |
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73 | 73 | | 45a ride. |
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74 | 74 | | 46 SECTION 8. Said chapter 265 is hereby further amended by inserting after section 22D |
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75 | 75 | | 47the following section:- Section 22E. (a) For the purposes of this section, “ride share operator” |
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76 | 76 | | 48shall mean a person operating or holding themselves out as an operator of a motor vehicle |
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77 | 77 | | 49through a transportation network company; “Transportation network company” shall mean a |
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78 | 78 | | 50corporation, partnership, sole proprietorship or other entity that uses a digital network to connect |
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79 | 79 | | 51riders to drivers to pre-arrange and provide transportation. A “ride” shall mean a period of time |
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80 | 80 | | 52that begins when a transportation network driver accepts a requested ride through a digital |
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81 | 81 | | 53network, continues while the driver transports the transportation network company rider and |
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82 | 82 | | 54ends when the rider safely departs from the vehicle. |
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83 | 83 | | 55 (b) A person who is, or holds themselves out to be, a rideshare operator engages in sexual |
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84 | 84 | | 56intercourse with a passenger during a ride shall be punished by imprisonment in the state prison 4 of 4 |
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85 | 85 | | 57for not more than 20 years. In a prosecution commenced under this section, the passenger shall |
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86 | 86 | | 58be deemed incapable of consenting to contact of a sexual nature when consent was procured |
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87 | 87 | | 59during a ride |
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88 | 88 | | 60 SECTION 9. Section 63 of chapter 277 of the General Laws, as appearing in the 2022 |
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89 | 89 | | 61Official Edition, is hereby amended by inserting after the figure “22E”, in line 5, the following |
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90 | 90 | | 62figure:- , 22DE. |
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91 | 91 | | 63 SECTION 10. Said section 63 of said chapter 277, as so appearing, is hereby further |
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92 | 92 | | 64amended by inserting after the figure “13H”, in line 27, the following figures:- , 13H½, 13H¾, |
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93 | 93 | | 6513I. |
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