Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1238 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1153
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the protection of vulnerable adults from sexual assault committed by
13	13	mandated reporters, persons in a position of trust and providers of transportation.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 2
17	17	SENATE DOCKET, NO. 1238 FILED ON: 1/15/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1153
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1153) of Jason M. Lewis for
20	20	legislation relative to the protection of vulnerable adults from sexual assault committed by
21	21	mandated reporters, persons in a position of trust and providers of transportation. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1024 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to the protection of vulnerable adults from sexual assault committed by
30	30	mandated reporters, persons in a position of trust and providers of transportation.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition,
34	34	2is hereby amended by adding the following new section 22D:
35	35	3 Whoever, being at the time (a) a mandated reporter as defined in section 21 of chapter
36	36	4119, section 1 of chapter 19C, or section 15 of chapter 19A, or (b) a person with supervisory
37	37	5responsibility or disciplinary authority over such vulnerable adult by virtue of his or her legal,
38	38	6professional or occupational status, or (c) in the course of providing transportation, or
39	39	7immediately before or after, as an employee or contracted service provider, has sexual
40	40	8intercourse or unnatural sexual intercourse with, or commits indecent assault and battery upon, a
41	41	9vulnerable adult as defined herein, knowing such person to be a vulnerable adult, shall be 2 of 2
42	42	10punished. Whoever commits sexual intercourse (nature or unnatural) with a vulnerable adult,
43	43	11shall be punished by imprisonment in the state prison for not more than twenty years; and
44	44	12whoever commits a second or subsequent such offense shall be punished by imprisonment in the
45	45	13state prison for life, or for any term of years. Whoever commits an indecent assault and battery
46	46	14on a vulnerable adult, shall be punished by imprisonment in the state prison for not more than ten
47	47	15years, or by imprisonment in the house of correction for not more than two and one-half years;
48	48	16and whoever commits a second or subsequent such offense shall be punished by imprisonment in
49	49	17the state prison for not more than twenty years. A prosecution commenced under either section
50	50	18of this paragraph shall not be placed on file nor continued without a finding.
51	51	19 Consent of the vulnerable adult to such sexual intercourse or indecent assault and battery
52	52	20shall not constitute a defense or excuse to this offense.
53	53	21 A vulnerable adult is a person fourteen years of age or older who at the time of the
54	54	22offense (1) is admitted to a mental health facility or to a community based or residential facility,
55	55	23or (2) is receiving community based services through the Department of Developmental Services
56	56	24or the Department of Mental Health or the Massachusetts Rehabilitation Commission, or (3) is a
57	57	25resident of a long-term care facility.
58	58	26 SECTION 2. Section 178C of Chapter 6 of the General Laws, as amended by St. 2018,
59	59	27chapter 219, section 1, is hereby amended by inserting into the definition of “Sex offense” after
60	60	28the words “aggravated rape under section 39 of chapter 277;” the following: “sexual assault of
61	61	29vulnerable adults under section 22D of chapter 265;”