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| 2 | 2 | | HOUSE DOCKET, NO. 3557 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2429 |
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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 | | Colleen M. Garry |
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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 protecting victims of sexual assault. |
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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:Colleen M. Garry36th Middlesex1/17/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3557 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2429 |
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| 18 | 18 | | By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2429) of Colleen |
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| 19 | 19 | | M. Garry relative to testing persons convicted of sexual assault for the HIV virus. Public Health. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE HOUSE, NO. 2179 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act protecting victims of sexual assault. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Chapter 265 of the General Laws, is hereby amended by inserting after section 24C the |
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| 31 | 31 | | 2following section: — Section 24D. (a) Within 14 days after conviction of any crime listed in |
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| 32 | 32 | | 3section 13B, 13F, 13H, 22, 22A, 23, 24, or 24B of this Chapter, the person convicted shall |
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| 33 | 33 | | 4submit to medical testing to determine the presence of Human Immune Deficiency Virus and the |
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| 34 | 34 | | 5results of said testing shall be made available to the person tested and to the complaining witness |
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| 35 | 35 | | 6of the crimes for which the conviction stands. (b) Said testing shall be conducted under the |
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| 36 | 36 | | 7direction of the Superintendent, Warden or Sheriff of any institution in which the convicted |
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| 37 | 37 | | 8person is held in custody, or under the direction of the Probation Department of the Court in |
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| 38 | 38 | | 9which the conviction occurred, if the person convicted is not held in custody. (c) |
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| 39 | 39 | | 10Notwithstanding any general or special law to the contrary, no person required to be tested under |
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| 40 | 40 | | 11this Section may be eligible for parole, work release, education release, or transfer to any facility 2 of 2 |
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| 41 | 41 | | 12except a maximum or medium security facility, nor shall said person accrue any credits for |
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| 42 | 42 | | 13deductions for early release from his sentence until such time said testing is completed. (d) Any |
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| 43 | 43 | | 14person refusing to submit to testing under this section shall be returned to the Court of his |
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| 44 | 44 | | 15conviction within seven days following such refusal, and shall show cause why said person shall |
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| 45 | 45 | | 16not be held in contempt of said Court. At said hearing, the Court may, in its discretion, sentence |
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| 46 | 46 | | 17said person for contempt, revoke and revise the person’s sentence, or both. Such refusal shall |
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| 47 | 47 | | 18also constitute sufficient grounds for a Court to find a person in violation of any period if |
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| 48 | 48 | | 19probation. |
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