Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1256 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 803 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1256
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael F. Rush
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 justice for survivors.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and SuffolkJason M. LewisFifth Middlesex3/6/2025 1 of 14
16	16	SENATE DOCKET, NO. 803 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1256
18	18	By Mr. Rush, a petition (accompanied by bill, Senate, No. 1256) of Michael F. Rush and Jason
19	19	M. Lewis for legislation to establish the Massachusetts Survivors Act. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to justice for survivors.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 263 of the General Laws is hereby amended by inserting after
29	29	2Section 9 the following section:
30	30	3 Section 10. Massachusetts Survivors Act
31	31	4 a) Definitions.
32	32	5 For the purpose of this section, the following words shall have the following meanings:-
33	33	6 i. “Survivor”, an adult or child who has experienced any of the following, as
34	34	7defined below: abuse, sexual assault, post-traumatic stress disorder, or human trafficking.
35	35	8 ii.“Abuse”, as defined under section 1 of chapter 209A of the General Laws
36	36	9 iii.“Sexual Assault”, causing another to engage involuntarily in sexual relations by
37	37	10force, threat or duress 2 of 14
38	38	11 iv.“Family or household members”, as defined under section 1 of chapter 209A of
39	39	12the General Laws
40	40	13 v. “Posttraumatic stress disorder”, a mental health condition that is developed after
41	41	14an experience or being witness to a traumatic event that is either life-threatening or pose a
42	42	15significant threat to your physical, emotional or spiritual well-being
43	43	16 vi.“Human Trafficking”, conduct prohibited under sections 50 and 51 of chapter 265
44	44	17of the General Laws or defined under 22 U.S.C. 7102.
45	45	18 vii.“Documentary evidence”, any evidence corroborating that the defendant is a
46	46	19survivor of abuse. Documentary evidence may include, but is not limited to a court record; a
47	47	20presentence report; a social services record; a hospital record; a sworn statement corroborating
48	48	21the abuse, sexual assault, post-traumatic stress disorder, or human trafficking from someone
49	49	22who is not the defendant; a law enforcement record; a domestic incident report; a protective
50	50	23order; a sworn statement by the defendant; local jail records or records of the Department of
51	51	24Correction; documentation—including written documents, photographs, text messages, emails,
52	52	25videos, and audio recordings—tending to support the claims of the defendant; verification of
53	53	26consultation with a licensed medical care provider or mental health care provider, employee of a
54	54	27court acting within the scope of his or her employment, member of the clergy, attorney, social
55	55	28worker, rape crisis counselor, or other advocate acting on behalf of an agency that assists
56	56	29survivors.
57	57	30 viii.“Prima facie showing”, a defendant produces facts that establish that there is a
58	58	31substantial likelihood that they are a survivor who is eligible for relief under this Act. For
59	59	32purposes of this section, a 3 of 14
60	60	33 ix.“Defendant”, any adult or child charged with a crime. A child shall be considered
61	61	34a defendant for the purposes of this Act regardless of whether they were adjudicated as a
62	62	35“delinquent child” or “youthful offender” as defined under sections 52 through 84 of chapter 119
63	63	36of the General Laws
64	64	37 x. “substantial likelihood”, requires more than a mere possibility, but less than a standard
65	65	38of more likely than not.
66	66	39 b) Any adult or child charged with a crime may file a motion alleging that they are
67	67	40subject to relief pursuant to the Massachusetts Survivors Act because (1) they are a survivor of
68	68	41abuse, sexual assault, post-traumatic stress disorder, or human trafficking and (2) their alleged
69	69	42offenses were related to their experiences of abuse, sexual assault, post-traumatic stress-disorder,
70	70	43or human trafficking.
71	71	44 c) A motion requesting relief pursuant to this Act may be filed at any time after an
72	72	45adult or child has been charged or adjudicated as delinquent. The motion may seek pretrial
73	73	46diversion, a reduced sentence, or postconviction relief. In their motion or at a hearing, the
74	74	47defendant may present evidence including:
75	75	48 i. documentary evidence corroborating that the defendant is a survivor of abuse,
76	76	49sexual assault, post-traumatic stress disorder, or human trafficking.
77	77	50 ii.expert testimony from a psychiatrist, psychologist, or mental health professional
78	78	51showing that the defendant has been diagnosed with post-traumatic stress disorder as a result of
79	79	52the violence or abuse at issue;
80	80	53 iii.testimony from the petitioner; 4 of 14
81	81	54 iv.testimony from other witnesses;
82	82	55 v. any other relevant evidence.
83	83	56 d) The court shall issue a written order including findings of fact and reasons for its
84	84	57determination regarding the accused’s eligibility for relief under this Act and the sentence
85	85	58imposed.
86	86	59 e) An appeal may be taken as of right regarding any determination of eligibility or
87	87	60sentence imposed pursuant to this Act. Counsel shall be appointed upon request for those who
88	88	61seek to appeal.
89	89	62 f) At any point, the parties may stipulate to the terms of requested relief under this
90	90	63Act.
91	91	64 g) The court shall determine the defendant’s eligibility for relief pursuant to this Act
92	92	65regardless of whether the defendant raised an affirmative defense at any point in the proceedings
93	93	66against them.
94	94	67 h) No evidence presented in a motion or hearing pursuant to this Act may be used
95	95	68for the purpose of prosecution.
96	96	69 i) The Office of the Attorney General shall collect information regarding each
97	97	70motion filed pursuant to this Act. The Office of the Attorney General shall annually, not later
98	98	71than December 31, report to the joint committee on the judiciary. The report must include the
99	99	72following information:
100	100	73 (1) the number of motions filed; 5 of 14
101	101	74 (2) the number of motions granted;
102	102	75 (3) the sentence requested by the prosecuting agency at sentencing, where applicable;
103	103	76 (4) the sentence or diversion order imposed;
104	104	77 (5) the county in which the petitioner was prosecuted;
105	105	78 (6) the race and ethnicity of the defendant;
106	106	79 (7) the gender and gender identity of the defendant;
107	107	80 SECTION 2. Chapter 263 of the General Laws is hereby amended by inserting after
108	108	81Section 10, the following section
109	109	82 Section 10A: Diversion Pursuant to the Massachusetts Survivors Justice Act
110	110	83 a) A defendant may bring a motion seeking pretrial diversion under this Act wherein
111	111	84criminal or delinquency proceedings are suspended without a plea of guilty for a period of not
112	112	85less than 3 months and not more than 24 months. The motion shall include 1) a statement that the
113	113	86defendant is a survivor as defined in Section 2 of this Act and 2) the defendant’s plan for the
114	114	87diversion period, which may include programs, services, restorative justice activities,
115	115	88employment, and/or community service. If such a motion has been filed, the court shall not
116	116	89proceed with pre-trial hearings until it issues a decision on the motion. Where the defendant
117	117	90requests a hearing and has made a prima facie showing that they meet the requirements of this
118	118	91Act, the court shall order a hearing.
119	119	92 b) Within 60 days of receiving a motion pursuant to this Act or holding a hearing on
120	120	93such a motion, the court shall make written findings as to 1) whether the defendant has 6 of 14
121	121	94established by a preponderance of the evidence that they are a Survivor as defined in Section 2
122	122	95above and that their alleged criminal offense was related to their experiences as a Survivor such
123	123	96that they are eligible for relief pursuant to this Act and 2) whether the conditions of diversion are
124	124	97feasible and will contribute to the well-being of the defendant and their community.
125	125	98 c) No consent by the defendant to the stay of proceedings or any act done or
126	126	99statement made in fulfillment of the terms and conditions of such stay of proceedings shall be
127	127	100admissible as an admission, implied or otherwise, against the defendant, should the stay of
128	128	101proceedings be terminated and criminal or delinquency proceedings resumed on the original
129	129	102charge or charges;
130	130	103 d) If the defendant has performed satisfactorily in diversion, at the end of the period
131	131	104of diversion, the court shall enter a dismissal of the underlying case. A court may conclude that
132	132	105the defendant has performed satisfactorily if the defendant has substantially complied with the
133	133	106conditions of diversion and not willfully violated any other conditions set by the court. If the
134	134	107defendant does not perform satisfactorily in diversion, the court may extend the period of
135	135	108diversion and modify the conditions; or the court may reinstate criminal or delinquency
136	136	109proceedings.
137	137	110 e) Motions filed under this Section are subject to the provisions set forth in Section 2
138	138	111of this Act.
139	139	112 SECTION 3. Chapter 263 of the General Laws is hereby amended by inserting after
140	140	113Section 10A, the following section
141	141	114 Section 10B: Sentencing Relief Pursuant to the Massachusetts Survivors Act 7 of 14
142	142	115 a) During a hearing to impose a sentence or accept a plea of guilty, the court shall
143	143	116consider a motion for relief pursuant to Section 2 of this Act. If the court finds by a
144	144	117preponderance of the evidence that the defendant is a survivor of abuse, sexual assault,
145	145	118posttraumatic stress disorder, or human trafficking and that their criminal offense or delinquent
146	146	119behavior was related to their experience as a survivor, the court shall depart from the applicable
147	147	120sentence to the ranges provided as follows, or as provided in subsection B of this Section.
148	148	121 i. Sentences of life without the possibility of parole shall be reduced to 10 years or
149	149	122less;
150	150	123 ii.Sentences of life with the possibility of parole shall be reduced to 7 years or less;
151	151	124 iii.Sentences of 25 years or more shall be reduced to 5 years or less;
152	152	125 iv.Sentences between 20 and 25 years shall be reduced to 4 years or less;
153	153	126 v. Sentences between 15 and 20 years shall be reduced to 3 years or less;
154	154	127 vi.Sentences between 8 and 15 years shall be reduced to 2 years or less; and
155	155	128 vii.Sentences between 2.5 and 8 years shall be reduced by 1 year;
156	156	129 viii.Sentences of 2.5 years or less shall be suspended or imposed as probation.
157	157	130 b) The court may impose a sentence that does not include incarceration, or may
158	158	131direct that the execution of the sentence, or any part thereof, be suspended and that the defendant
159	159	132be placed on probation for such time and on such terms and conditions as it shall fix, as set forth
160	160	133in Chapter 279 of the Massachusetts General Laws, Sections 1-2. 8 of 14
161	161	134 c) A child adjudicated as a youthful offender and prosecuted as an adult is subject to
162	162	135the sentences set forth in subsection A of this section. A child adjudicated as delinquent shall not
163	163	136be committed to the Department of Youth Services.
164	164	137 d) The court shall determine the defendant’s eligibility for relief pursuant to this Act
165	165	138regardless of whether the defendant raised an affirmative defense at the time of their pre-trial,
166	166	139trial, or plea proceedings.
167	167	140 SECTION 4. Chapter 263 of the General Laws is hereby amended by inserting after
168	168	141Section 10B the following section:
169	169	142 Section 10C. Postconviction Relief Pursuant to the Massachusetts Survivors Justice Act
170	170	143 a) Any person who is (1) confined in an institution under the custody and control of
171	171	144the Department of Correction or the Department of Youth Services and (2) eligible for a reduced
172	172	145sentence pursuant to the provisions of this Act may file a petition for relief pursuant to this Act.
173	173	146 b) The administrative justices of the superior court, district court, juvenile court and
174	174	147the Boston municipal court departments shall jointly promulgate a motion form for use under this
175	175	148section that allows petitioners to provide:
176	176	149 i. A declaration by the petitioner that they are eligible for relief under this Act;
177	177	150 ii.The petitioner’s case number and year of conviction or adjudication of
178	178	151delinquency; and
179	179	152 iii.Whether the petitioner requests appointment of counsel. 9 of 14
180	180	153 c) The Department of Correction, Department of Youth Services, and courts with
181	181	154criminal or delinquency jurisdiction will make the petition form available to all incarcerated
182	182	155people free of cost. The petition form will be available for download on a publicly available
183	183	156court website and the Department of Correction website. The petition form will be available by
184	184	157phone or in-person request to a designated clerk at each state trial and appellate court with
185	185	158criminal or delinquency jurisdiction.
186	186	159 d) Petitioners shall file their petitions in the county court where the petitioner was
187	187	160convicted or adjudicated as delinquent and sentenced. Petitions shall be randomly assigned by
188	188	161the administrative judge designated by the office of court administration with jurisdiction over
189	189	162the county where the application is filed to any trial court judge with criminal or delinquency
190	190	163jurisdiction other than the judge who first sentenced the applicant unless the judge who first
191	191	164sentenced the applicant is the only judge in that county.
192	192	165 e) If the court finds that the petitioner has alleged the factors listed in subsection B
193	193	166of this section, the court shall (1) notify the petitioner that they may submit a motion to be
194	194	167resentenced; (2) send the petition to the district attorney where the petitioner was convicted, and
195	195	168(3) appoint counsel, if petitioner requested appointment of counsel. If the court finds that the
196	196	169petitioner has not alleged the factors listed in subsection B of this section, the court shall notify
197	197	170the petitioner and deny their request without prejudice.
198	198	171 f) A motion for resentencing pursuant to this Act shall be filed and adjudicated
199	199	172subject to the procedures set forth in Sections 2 and 4 of this Act.
200	200	173 g) If the court determines that the petitioner should be resentenced, the court shall
201	201	174notify the applicant that, unless they withdraw their application for resentencing or appeal the 10 of 14
202	202	175order of the court, the court shall enter an order vacating the sentence originally imposed and
203	203	176shall impose a new sentence as set forth in Section 4 of this Act.
204	204	177 h) This Section does not diminish or abrogate any rights or remedies otherwise
205	205	178available to the petitioner.
206	206	179 i) A person who is resentenced pursuant to this section shall be given credit for time
207	207	180served toward the sentence originally imposed. A person whose time served exceeds the period
208	208	181of incarceration required by their reduced sentence shall be released.
209	209	182 j) All granted motions will provide notification to all interested parties under
210	210	183M.G.L. Ch. 258B.
211	211	184 SECTION 5. Section 100E of chapter 276 of the General Laws is hereby amended by
212	212	185adding the definition “survivors of abuse, sexual assault, post-traumatic stress disorder, or human
213	213	186trafficking” as follows “a survivor of (i) abuse as defined in section 1 of chapter 209A (ii) sexual
214	214	187assault, defined as causing another to engage involuntarily in sexual relations by force, threat or
215	215	188duress (iii) Posttraumatic stress disorder as defined in the Diagnostic and Statistical Manual of
216	216	189Mental Disorders, Fifth Edition (DSM-5, 2013); and/or (iv) human trafficking as defined by
217	217	190section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102.”
218	218	191 SECTION 6. Section 100K of chapter 276 of the General Laws, as so appearing, is
219	219	192hereby amended by striking the word “or” at the end of paragraph (a)(5).
220	220	193 SECTION 7. Section 100K of chapter 276 of the General Laws, as so appearing, is
221	221	194hereby amended by inserting after the sixth paragraph of subsection (a), the following
222	222	195paragraph:- 11 of 14
223	223	196 (7) an offense that was related to the petitioner being a victim of abuse, sexual assault,
224	224	197post-traumatic stress disorder, or human trafficking.
225	225	198 SECTION 8. Section 100K of chapter 276 of the General Laws, as so appearing, is
226	226	199hereby amended by inserting after the first sentence of subsection (b), the following sentences:-
227	227	200 In determining eligibility for relief, a judge shall consider any credible evidence of the
228	228	201defendant’s status as a survivor of abuse, sexual assault, post-traumatic stress disorder, or human
229	229	202trafficking. Credible evidence shall include the testimony of the petitioner as well as
230	230	203documentary evidence including, but not limited to: a court record; a presentence report; a social
231	231	204services record; a hospital record; a sworn statement corroborating the abuse, sexual assault,
232	232	205post-traumatic stress disorder, or human trafficking from someone who is not the defendant; a
233	233	206law enforcement record; a domestic incident report; a protective order; a sworn statement by the
234	234	207defendant; local jail records or records of the Department of Correction; documentation —
235	235	208including written documents, photographs, text messages, emails, videos, and audio
236	236	209recordings—tending to support the claims of the defendant; verification of consultation with a
237	237	210licensed medical care provider or mental health care provider, employee of a court acting within
238	238	211the scope of his or her employment, member of the clergy, attorney, social worker, rape crisis
239	239	212counselor, or other advocate acting on behalf of an agency that assists survivors.
240	240	213 SECTION 9. Chapter 276 of the General Laws is hereby amended by striking out section
241	241	214 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the
242	242	215following section:- 12 of 14
243	243	216 Section 100Q. Unless otherwise provided by law, no person shall make records sealed
244	244	217pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section
245	245	218100H, or section 100K available for inspection in any form by any person.
246	246	219 SECTION 10. Section 100C of chapter 276 of the General Laws, as so appearing, is
247	247	220hereby amended by inserting after the second paragraph, the following paragraphs:-
248	248	221 Notwithstanding other provisions in section 100A—100C, a judge may without a waiting
249	249	222period seal any court appearance or disposition where the offense occurred as a result of the
250	250	223petitioner being a victim of abuse, sexual assault, post-traumatic stress disorder, or human
251	251	224trafficking.
252	252	225 A judge shall consider any credible evidence including testimony of the petitioner in
253	253	226determining eligibility for relief under this section.
254	254	227 SECTION 11. Sections 100A, 100B, and 100C of chapter 276 of the General Laws, as so
255	255	228appearing, are hereby amended by inserting the following language at the end of each section:
256	256	229“The clerk’s office of any division of the trial court, the commissioner of probation, or any other
257	257	230criminal justice agency, upon request of a person whose offense or offenses are sealed, or the
258	258	231person’s legal representative, shall provide access to the information contained in the sealed
259	259	232records to the individual or the individual’s legal representative without first obtaining a court
260	260	233order.”
261	261	234 Chapter 279 of the General Laws is hereby amended by inserting after Section 6B, the
262	262	235following section: 13 of 14
263	263	236 “Section 6C: Special Sentence of Imprisonment for Survivors. A person who is eligible
264	264	237for a reduced or alternative sentence pursuant to the Massachusetts Survivors Act shall be
265	265	238sentenced in accordance with the procedure set forth in in M.G.L. Ch. 263 §§ 10-10A.”
266	266	239 SECTION 12. Chapter 279 of the General Laws is hereby amended by inserting after
267	267	240Section 6B, the following paragraphs
268	268	241 The right to file a motion and obtain relief under this Act shall not be waivable and is not
269	269	242barred by any plea agreement.
270	270	243 The right to file a motion and obtain relief under this Act shall not be waivable and is not
271	271	244barred by any plea agreement.
272	272	245 Notwithstanding any other provision of law concerning postconviction relief, a district
273	273	246attorney in the jurisdiction in which a person was convicted of an offense may file a motion in
274	274	247the district court to vacate or set aside a judgment of conviction at any time if clear and
275	275	248convincing evidence exists establishing that the defendant was convicted of an offense that the
276	276	249defendant did not commit. The district court shall have jurisdiction and authority to consider,
277	277	250hear, and decide the motion.
278	278	251 A conviction, adjudication as of delinquent or youthful offender, or continuance without
279	279	252a finding vacated under this section shall be deemed to have been vacated on the merits.
280	280	253 SECTION 13. Sections 57 and 59 of Chapter 265 of the Mass. General. Laws is repealed
281	281	254and replaced with the following language:
282	282	255 Survivor of abuse, sexual assault, post-traumatic stress disorder, or human trafficking as
283	283	256affirmative defense to criminal or delinquency charges. 14 of 14
284	284	257 In any prosecution or juvenile delinquency proceeding of a person who is a survivor of (i)
285	285	258abuse as defined in section 1 of chapter 209A (ii) sexual assault, defined as causing another to
286	286	259engage involuntarily in sexual relations by force, threat or duress (iii) Posttraumatic stress
287	287	260disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition
288	288	261(DSM-5, 2013); and/or (iv) human trafficking as defined by section 20M of chapter 233 or a
289	289	262victim of trafficking in persons under 22 U.S.C. 7102, it shall be an affirmative defense to the
290	290	263charge that such person was under duress or coerced into committing the offenses for which such
291	291	264person is being prosecuted or against whom juvenile delinquency proceedings have commenced.