1 of 1 HOUSE DOCKET, NO. 149 FILED ON: 1/6/2025 HOUSE . . . . . . . . . . . . . . . No. 1987 The Commonwealth of Massachusetts _________________ PRESENTED BY: Adam J. Scanlon and Hannah Kane _________________ 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 to establish a DNA exception rule for victims of rape. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Adam J. Scanlon14th Bristol1/6/2025Hannah Kane11th Worcester1/6/2025Dennis C. Gallagher8th Plymouth1/22/2025Brian M. Ashe2nd Hampden1/22/2025Natalie M. Higgins4th Worcester1/24/2025Bradley H. Jones, Jr.20th Middlesex1/29/2025Carmine Lawrence Gentile13th Middlesex2/17/2025Michael O. MooreSecond Worcester3/6/2025Adrianne Pusateri Ramos14th Essex3/6/2025 1 of 2 HOUSE DOCKET, NO. 149 FILED ON: 1/6/2025 HOUSE . . . . . . . . . . . . . . . No. 1987 By Representatives Scanlon of North Attleborough and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1987) of Adam J. Scanlon, Hannah Kane and others relative to the statute of limitations for the crime of rape and establishing a DNA exception rule. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to establish a DNA exception rule for victims of rape. 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 97B ½ of chapter 41 of the General Laws, as appearing in the 2022 2Official Edition, is hereby amended by inserting, in line 20, after the word “cases” the following 3words:- ; provided, however, that all kits shall be retained for no less than 15 years. 4 SECTION 2. Said section 97B ½ of said chapter 41 of the General Laws, as so appearing, 5is hereby further amended by inserting, in line 26, after the word “enforcement” the following 6words:- , notwithstanding the statute of limitations of the underlying offense. 7 SECTION 3. Section 63 of chapter 277 of the General Laws, as so appearing, is hereby 8amended by inserting after the sixth sentence the following sentence:- 9 Notwithstanding the above, an indictment or complaint for an offense set forth in sections 1022, 22A, 22B, 22C, 23, 23A or 23B of chapter 265 may be found and filed at any time after the 11date of the commission of such offense if the identity of the person who allegedly committed the 2 of 2 12offense: (1) was identified after the limitation period set forth in this section; and (2) the identity 13has been established through a DNA record, as defined in section 1 of chapter 22E, using 14evidence collected at the time of the commission of the offense.