Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1223 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1046 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1223
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
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 to empower and protect survivors of domestic violence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 9
16	16	SENATE DOCKET, NO. 1046 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1223
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1223) of Patrick M. O'Connor for
19	19	legislation to empower and protect survivors of domestic violence. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1096 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to empower and protect survivors of domestic violence.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Notwithstanding any general or special law to the contrary, there shall be
31	31	2established a special commission to study the Commonwealth’s response to and resources for
32	32	3victims of domestic violence and sexual assault.
33	33	4 (a) The commission shall be comprised of the following members: the commissioner of
34	34	5probation; the director of the juvenile court probation department; the director of the probate and
35	35	6family court probation department; the director of the office of community corrections; the
36	36	7director of the electronic monitoring center; the executive director of the governor’s council to
37	37	8address sexual assault and domestic violence; an assistant attorney general to be appointed by the
38	38	9attorney general; the secretary of the executive office of public safety and security; the director
39	39	10of the Massachusetts office for victim assistance; two SAFEPLAN advocates to be appointed by 2 of 9
40	40	11the director of the Massachusetts office for victim assistance; the director of Jane Doe Inc. of
41	41	12Boston; the director of New Hope, Inc. of Attleboro; the director of the South Shore Resource
42	42	13and Advocacy Center; the director of the Massachusetts intimate partner abuse education
43	43	14program; a law enforcement officer with experience in domestic violence and sexual assault
44	44	15cases to be appointed by the governor; the head of the domestic violence unit within the Boston
45	45	16police department; and two survivors of domestic abuse to be appointed by the governor. The
46	46	17board shall be chaired by the director of the Massachusetts office for victim assistance. Each
47	47	18such member may appoint a designee to serve in the member's place.
48	48	19 (b) The commission shall analyze current resource offerings to victims of domestic
49	49	20violence and sexual assault; study the efficiency of state departments in maintaining victim
50	50	21safety, including but not limited to probation departments; consider ways to provide robust
51	51	22opportunities for victim and community engagement, ongoing analysis, and oversight of
52	52	23probation department policies, practices, and procedures; analyze income-based privileges and
53	53	24disadvantages for victims in participating with probation proceedings; consider ways to ensure
54	54	25that victims are part of the probation process while holding offenders accountable and
55	55	26simultaneously reducing the rates of recidivism; analyze probation violation reporting advisories
56	56	27and other written resources and whether they are helpful, understandable, and effective for
57	57	28victims; and determine the feasibility of a complaint communication tool for victims to report
58	58	29probation officer misconduct.
59	59	30 (c) The first meeting of the commission shall take place no later than December 1, 2025
60	60	31and shall be organized by the director of the Massachusetts office for victim assistance. 3 of 9
61	61	32 (d) The commission shall produce a report of their findings and analysis along with any
62	62	33recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint
63	63	34Committee on the Judiciary no later than December 1, 2025.
64	64	35 SECTION 2. Chapter 276 of the general laws, as so appearing, is hereby amended by
65	65	36inserting the following new section:-
66	66	37 “Section 99C. Domestic violence and sexual assault probation unit
67	67	38 There shall be established in the superior court department, the Boston municipal court
68	68	39department, and divisions of the probate and family and district court departments a domestic
69	69	40violence and sexual assault probation unit within the court’s probation department. For the
70	70	41purposes of this section, the word “victim” shall mean a complainant that has filed a complaint
71	71	42under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic
72	72	43violence and sexual assault probation unit. The unit shall consist of:
73	73	44 (a) a domestic violence and sexual assault victim advocate who shall be stationed in the
74	74	45probation department and employed by an external non-profit organization whose mission
75	75	46includes but is not limited to advocating for victims of domestic violence and sexual assault by
76	76	47way of prevention and intervention services, receiving and handling victim complaints against
77	77	48probation officers, raising public awareness, and promoting safety and justice. The victim
78	78	49advocate shall act as the primary liaison between a victim that has filed a complaint and
79	79	50probation officers assigned to the victim’s open case. The victim advocate shall notify victims of
80	80	51any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation
81	81	52process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General
82	82	53Laws, as amended by this act, as well as the contact information of the probation officer assigned 4 of 9
83	83	54to the respondent of the victim’s complaint. The victim advocate shall interact with certified
84	84	55batterer’s treatment programs if the respondent is so enrolled to obtain current information to
85	85	56provide associated probation officers. The victim advocate shall compile and maintain pertinent
86	86	57information as to the victim and their complaint, including but not limited to victim contact with
87	87	58release risk assessments, police reports relating to arrests and non-arrests, board of probation
88	88	59record, the interstate identification index, restraining orders and affidavits, victim statements,
89	89	60medical reports and photographs evidencing injury, and reports from certified batterer’s
90	90	61treatment programs.
91	91	62 (b) probation officers as established in section 83 of chapter 276 of the general laws who
92	92	63shall exclusively be assigned to cases and complaints involving domestic violence and sexual
93	93	64assault. Probation officers within the unit shall be assigned to an offender or respondent to a
94	94	65domestic violence or sexual assault case or complaint. The probation officer that is assigned to
95	95	66an offender or respondent shall continue to serve the same client if they are found to have re-
96	96	67offended or committed the same offense against the original victim or a new victim. Probation
97	97	68officers within the unit, in addition to the training and education set forth in section 85 of said
98	98	69chapter 276, shall attend a training course on domestic violence and sexual assault and
99	99	70interacting with offenders. Said training course shall be designed and certified by the Governor’s
100	100	71council to address sexual assault and domestic violence in collaboration with any affiliate non-
101	101	72profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified
102	102	73batterer’s treatment program and is found to be non-compliant with the requirements of the
103	103	74program, the probation officer shall surrender the assigned respondent or offender. During
104	104	75hearings and proceedings, probation officers shall disclose to the judge all material relative to the 5 of 9
105	105	76respondent’s conduct including but not limited to any contact with the victim, global positioning
106	106	77satellite tracking device maintenance, or violations of conditions of release.
107	107	78 SECTION 3. Chapter 276 of the general laws is hereby further amended in section 58A
108	108	79subsection (2) by inserting a new subparagraph after subparagraph (2)(B):-
109	109	80 “(C) subject to the condition that the person maintain or commence a certified batterers’
110	110	81treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter
111	111	82209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A
112	112	83or of a violation of an order of protection issued under said chapter 209A in effect”
113	113	84 SECTION 4. Chapter 209A of the general laws, as so appearing, is hereby amended in
114	114	85section 1 by striking the definition of “Abuse” and replacing it with the following:-
115	115	86 ''Abuse'', the occurrence of one or more of the following acts between family, intimate
116	116	87partners, or household members:
117	117	88 (a) attempting to cause or causing physical harm;
118	118	89 (b) placing another in fear of imminent serious physical harm;
119	119	90 (c) causing another to engage involuntarily in sexual relations by force, threat or duress;
120	120	91 (d) coercive control, which is a pattern of behavior that in purpose or effect unreasonably
121	121	92interferes with a person’s free will and personal liberty. Examples of coercive control include,
122	122	93but are not limited to, unreasonably engaging in any of the following:
123	123	94 (1) isolating the other party from friends, relatives, or other sources of support;
124	124	95 (2) depriving the other party of basic necessities; 6 of 9
125	125	96 (3) controlling, regulating, or monitoring the other party’s movements, communications,
126	126	97daily behavior, finances, economic resources, or access to services;
127	127	98 (4) compelling the other party by force, threat of force, or intimidation, including threats
128	128	99based on actual or suspected immigration status, to engage in conduct from which the other party
129	129	100has a right to abstain or to abstain from conduct in which the other party has a right to engage.
130	130	101 SECTION 5. Chapter 209A of the general laws is hereby further amended in section 3 in
131	131	102subsection (i) by inserting at the end of the third paragraph the following:-
132	132	103 “When reviewing a request to extend or renew an order, the court shall take into account
133	133	104sobriety and substance use recovery, based on independent medical standards, if substance use
134	134	105was a factor in issuing the original order. A lack of sobriety or continuing existence of substance
135	135	106use shall weigh in favor of extending or renewing the order.”
136	136	107 SECTION 6. Chapter 209A of the general laws is hereby further amended in section 7 in
137	137	108the fifth paragraph by striking out the first sentence and inserting in place thereof the following:-
138	138	109 “Any violation of such order or a protection order issued by another jurisdiction shall be
139	139	110punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than
140	140	111five years in a house of correction, or by both such fine and imprisonment.”
141	141	112 SECTION 7. Chapter 209A is hereby further amended in section 7 by inserting after the
142	142	113word “compliance” at the end of the sixth paragraph the following sentence:-
143	143	114 “A defendant will not be relieved of his requirement to regularly attend a certified or
144	144	115provisionally certified batterer’s treatment program until said program can confirm in signed
145	145	116writing with the probation department that the defendant has shown marked improvements and 7 of 9
146	146	117has reached a level of understanding and reform that would deem them a non-threat to women. If
147	147	118the defendant is arrested or investigated by the police in connection with reports of domestic
148	148	119violence or sexual assault while enrolled with a certified batterer’s treatment program, said
149	149	120program shall be apprised of the arrest or investigation by the defendant’s probation officer.”
150	150	121 SECTION 8. Chapter 209A is hereby further amended in section 7 by inserting after the
151	151	122word “system” at the end of eighth paragraph the following new paragraph:-
152	152	123 “The removal or destroying of said global positioning satellite tracking device without
153	153	124judicial approval or without a showing of necessity to prevent greater harm shall constitute a
154	154	125felony with a mandatory minimum sentence of 2 years in a state prison.”
155	155	126 SECTION 9. Chapter 209A is hereby amended in section 9 by adding at the end the
156	156	127following:-
157	157	128 “The form of complaint shall be supplied without withholding to any person who
158	158	129requests said form and shall be made easily accessible to the public by the offices promulgating
159	159	130said form.”
160	160	131 SECTION 10. The administrative justices of the superior court, probate and family court,
161	161	132district court, and the Boston municipal court departments shall jointly promulgate a new form of
162	162	133complaint for use under Chapter 209A of the general laws pursuant to this act which shall
163	163	134include but not be limited to the following additional fields:
164	164	135 (1) a field wherein a petitioner may indicate whether they have reasonable cause to be in
165	165	136fear of their life at the time of the complaint form’s submission; 8 of 9
166	166	137 (2) a field wherein a petitioner may indicate whether they are a victim of coercive
167	167	138control, a form of abuse as provided in section 4 of this act.
168	168	139 SECTION 11. Chapter 258B of the general laws, as so appearing, is hereby amended in
169	169	140section 3 in paragraph (b) by adding at the end the following:-
170	170	141 “If the respondent or offender has obtained approval to reschedule a hearing or
171	171	142proceeding, the court shall postpone the commencement of the proceeding if the victim is not
172	172	143present and if they have received communication that the victim is in transit to the proceeding,
173	173	144provided that the court may begin the proceeding within one hour of learning that the victim is in
174	174	145transit. The court may within its discretion postpone the proceeding for any amount of time to
175	175	146allow the victim to be present. If the victim cannot be present for a hearing or proceeding that
176	176	147was rescheduled by the respondent, the court may allow the victim advocate probation officer to
177	177	148offer remarks on behalf of the victim.”
178	178	149 SECTION 12. Chapter 258B is hereby further amended in section 3 in paragraph (g) by
179	179	150inserting after the word “recommendation”, the second time it appears, the following:-
180	180	151 “The prosecutor shall provide ample time to confer with the victim to fully explain the
181	181	152position and answer questions or address concerns.”
182	182	153 SECTION 13. Chapter 258B is hereby further amended in section 3 in paragraph (p) by
183	183	154adding at the end the following:-
184	184	155 “The court has the discretion to allow a victim to make a statement at any time during the
185	185	156proceeding prior to sentencing. The court shall allow a victim of domestic violence abuse as
186	186	157defined in Section 1 of Chapter 209A to make a brief statement at a hearing or proceeding prior 9 of 9
187	187	158to sentencing in response to a statement by the defendant or his attorney regarding a violation of
188	188	159a protective order, a violation of a condition of release, improper tampering with a global
189	189	160positioning satellite tracking device system, or failure to disclose relevant information on such
190	190	161matters. A judge may allow the victim or victim advocate probation officer to stipulate facts
191	191	162provided by the respondent;”
192	192	163 SECTION 14. Chapter 258B is hereby further amended in section 3 by adding the
193	193	164following new subparagraph:-
194	194	165 “(x) In the event of a necessitated change in prosecutors assigned to the victim’s case, the
195	195	166victim shall have the right to confer with the new prosecutor for a minimum of one hour to
196	196	167discuss the facts of the case and familiarize the victim with the prosecutor.”
197	197	168 SECTION 15. This Act shall go into effect upon its passage.