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HOUSE DOCKET, NO. 1542 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1746
The Commonwealth of Massachusetts
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PRESENTED BY:
Natalie M. Higgins and Tricia Farley-Bouvier
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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 enhancing protections for sexual violence survivors.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/15/2025Tricia Farley-Bouvier2nd Berkshire1/15/2025Lindsay N. Sabadosa1st Hampshire1/21/2025James B. EldridgeMiddlesex and Worcester2/8/2025James K. Hawkins2nd Bristol2/12/2025Steven George Xiarhos5th Barnstable2/28/2025Adrianne Pusateri Ramos14th Essex3/7/2025 1 of 2
HOUSE DOCKET, NO. 1542 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1746
By Representatives Higgins of Leominster and Farley-Bouvier of Pittsfield, a petition
(accompanied by bill, House, No. 1746) of Natalie M. Higgins, Tricia Farley-Bouvier and others
relative to enhancing protections for sexual violence survivors. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act enhancing protections for sexual violence 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. Section 97B1/2 of chapter 41 of the General Laws is hereby amended by
2striking out section (b)(2) and replacing it with:-
3 (2) Submit new sexual assault evidence kits to the crime laboratory within the department
4of the state police or the police department of a municipality that operates a crime laboratory and
5has a population of more than 150,000, in the case of a sexual assault alleged to have taken place
6in that municipality, within 7 business days of taking possession. A sexual violence survivor/
7victim who has not yet filed a report with law enforcement may elect their sexual assault
8evidence kit to be tested. Alternatively, a survivor/victim may elect their kit to be safely stored
9by law enforcement in a manner that preserves evidence for the duration of the statute of
10limitations for all sexual assault and rape cases.
11 SECTION 2. Section 97B1/2 of chapter 41 of the General Laws is hereby amended by
12adding subsection (e):- 2 of 2
13 (e) A survivor of sexual assault has the right not to have the results of the rape kit used to
14prosecute the survivor/victim. Law enforcement agencies and their agents shall use
15survivor/victim DNA samples or profiles only for purposes directly related to the incident being
16investigated. No law enforcement agency or agent thereof may compare any of these
17survivor/victim samples or profiles with DNA samples or profiles that do not relate to the
18incident being investigated. No law enforcement agency or agent thereof may include any of
19these survivor/victim DNA profiles in any database that allows these samples to be compared to
20or matched with profiles derived from DNA evidence obtained from crime scenes.