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SENATE DOCKET, NO. 464 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1186
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark C. Montigny
_________________
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 ensure fair access to compensation for victims of human trafficking and forced labor.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthTram T. Nguyen18th Essex 1 of 4
SENATE DOCKET, NO. 464 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1186
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1186) of Mark C. Montigny and
Tram T. Nguyen for legislation to provide compensation for loss of income for victims of forced
labor and sexual servitude. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1054 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to ensure fair access to compensation for victims of human trafficking and forced labor.
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 1 of chapter 149 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the definition of “Safe” or “safety” the
3following definition:
4 “Victim of human trafficking”, a person who is subjected to the conduct prohibited
5under section 50 or 51 of chapter 265 or a victim of “severe forms of trafficking in persons”
6under 22 U.S.C. 7102.
7 SECTION 2. Said chapter 149 is hereby amended by adding the following section:
8 Section 204: Fair Access to Compensation for Victims of Human Trafficking 2 of 4
9 Section 204. (a) A victim of human trafficking shall be eligible to receive compensation
10from the division, as defined in section 1 of chapter 258C, for lost income due to deprivation of
11liberty, with a maximum award of $25,000. Lost income compensation paid by the division
12pursuant to this paragraph shall not exceed twelve thousand five hundred dollars ($12,500) per
13year for a maximum of two years.
14 (b) Compensation awarded under this section for lost income, up to $25,000, shall not
15count toward the compensation available to crime victims under section 3(a) of chapter 258C.
16However, this amount shall count toward the $50,000 maximum award available for victims with
17catastrophic injuries under Section 3(a) of Chapter 258C.
18 (c) Notwithstanding any general or special law to the contrary, compensation paid
19pursuant to this section shall not be counted as income or an asset for purposes of determining
20eligibility for any program that receives federal, state or local funds to the extent permitted by
21federal law. Such programs include, but are not limited to, those administered by the following:
22the executive office of health and human services, executive office of housing and livable
23communities, executive office of labor and workforce development, executive office of veterans
24services, executive office of education, executive office of aging and independence, executive
25office of public safety and security, executive office of energy and environmental affairs,
26executive office for administration and finance, and executive office of technology services and
27security.
28 (d) Given the unique circumstances of human trafficking, the following criteria shall not
29bar a victim of human trafficking from obtaining lost income compensation under this section: 3 of 4
30 (i) Lack of official employment documentation: A victim of human trafficking is not
31required to provide formal employment documentation from an employer. Instead, the victim
32may submit alternative evidence of employment as defined in section 3, subsection (b)(2)(D) of
33chapter 258C.
34 (ii) Criminal history or alleged contributory conduct resulting from victimization:
35Criminal charges or alleged contributory conduct arising from, related to, or associated with the
36claimant’s experience as a human trafficking victim, including, but not limited to, charges under
37chapter 94C or charges under section 53(a) and 53A(a) of chapter 272, shall not disqualify the
38claimant from receiving lost income compensation under this section or under section 3(a) of
39chapter 258C. The application must include a statement, made under penalty of perjury, from the
40claimant, or a law enforcement officer, licensed attorney, social worker, or witness to the alleged
41crime, explaining the connection between the charges and the claimant’s victimization. The
42statement shall not require the claimant to admit to any criminal conduct.
43 SECTION 3. Section 3 of chapter 258C of the General Laws is hereby further amended
44by adding the following sentence to subclause (b)(2)(D):
45 When compensating a victim of human trafficking for lost income pursuant to section
46204 of chapter 149, the division shall:
47 (i) Within 190 days of the passage of this bill, adopt guidelines that allow it to rely on
48evidence other than official employment documentation in considering and approving an
49application for lost income compensation. The evidence may include any reliable corroborating
50information, including, but not limited to, a statement under penalty of perjury from the claimant, 4 of 4
51a licensed attorney, a mandated reporter, or a witness to the circumstances of the crime, to
52demonstrate that the claimant was a victim of human trafficking during the relevant period; and
53 (ii) Compensate the victim for lost income resulting from the deprivation of liberty
54during the crime. Compensation shall be calculated based on the Massachusetts minimum wage
55in effect at the time of the trafficking conduct, for up to 40 hours per week.
56 SECTION 4. Section 3 of chapter 258C of the General Laws is hereby further amended
57by adding the following subclauses in paragraph (b)(2):
58 (J) The division may authorize a cash payment to or on behalf of the victim for job
59retraining or similar employment-oriented services.
60 (K) When compensating a victim of human trafficking for lost income pursuant to section
61204 of chapter 149, the division may:
62 (i) Compensate the victim for lost income directly resulting from the injury, with the
63limitation that compensation for lost income shall not extend beyond seven years following the
64date of the crime, unless the injury has rendered the victim disabled, as defined in section 416(i)
65of Title 42 of the United States Code;
66 (ii) Compensate a victim who was a minor at the time of the crime, provided the victim is
67eligible to receive compensation upon reaching eighteen years of age; or
68 (iii) Compensate the parent or legal guardian of a victim that was a minor at the time of
69the crime and: (a) is hospitalized as a direct result of the crime, provided that the minor victim’s
70treating physician certifies in writing that the presence of the victim’s parent or legal guardian at
71the hospital is necessary for the treatment of the victim; or (b) died as a result of the crime.