Massachusetts HD 873: An Act to enhance the rights of crime victims in the Commonwealth

Bill Text

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HOUSE DOCKET, NO. 873 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1458

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
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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 enhance the rights of crime victims in the Commonwealth.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Marjorie C. Decker 25th Middlesex 1/17/2023
Vanna Howard 17th Middlesex 1/31/2023
Nick Collins First Suffolk 11/20/2023

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HOUSE DOCKET, NO. 873 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1458
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1458) of
Marjorie C. Decker and Vanna Howard relative to the rights of victims of certain crimes. The
Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1530 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to enhance the rights of crime victims in the Commonwealth.

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 258B, as appearing in the 2020 Official Edition, is
2 hereby amended by inserting after the word “stepparent”, in line 16, the following word:-
3 grandparent,
4 SECTION 2. Said Section 1 of said chapter 258B, as so appearing, is hereby further
5 amended by inserting after the words “two hundred and fifty-eight C”, in line 17, the following
6 words:- person with whom the victim lived and in a relationship similar to marriage,
7 SECTION 3. Said Section 1 of said chapter 258B, as so appearing, is hereby further
8 amended by inserting, after line 18, the following words:-

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9 “probation officer”, an associate probation officer, probation officer, assistant chief
10 probation officer, chief probation officer, regional probation supervisor, statewide probation
11 supervisor, victim service coordinator, the deputy commissioner of field services, and any other
12 personnel whom the commissioner of probation shall direct.
13 SECTION 4. Section 2 of said chapter 258b, as so appearing, is hereby amended by
14 inserting at the beginning the following:-
15 Services provided in this chapter shall be afforded to victims and family members of
16 violent crimes, including homicide and sexual assault, to the fullest extent possible in matters
17 that have not resulted in complaints or indictments have not been issued.
18 SECTION 5. Said Section 2 of said chapter 258B, as so appearing, is hereby amended by
19 inserting before the word “prosecutors”, in line 1, the following word:-
20 Furthermore,
21 SECTION 6. Subsection (l) of Section 3 of said chapter 258B, as so appearing, is hereby
22 amended by striking out, in line 91, the word “A” and inserting in place thereof the following
23 word:- B
24 SECTION 7. Said section 3 of said chapter 258B, as so appearing, is hereby amended by
25 striking out subsection (p) and inserting in place thereof the following subsection:-
26 (p) for victims, to be present and heard at sentencing or the disposition of the case against
27 the defendant. If a victim is unavailable or not present at the time the defendant pleads or is
28 found guilty, delinquent, or admits to sufficient facts, the court shall delay sentencing by no less
29 than one business day to afford victims the opportunity to be present and or heard. The court

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30 may inquire of the prosecutor, on the record, whether the victim has indicated their desire to not
31 be present or heard at sentencing. Victims have the right to be heard through an oral and written
32 victim impact statement at sentencing or the disposition of the case against the defendant, even if
33 there is admission to sufficient facts, the sentence is mandatory, or there is an agreed upon plea,
34 about the effects of the crime on the victim and as to a recommended sentence, pursuant to
35 section four B of chapter two hundred and seventy-nine, and to be heard at any other time
36 deemed appropriate by the court. The court shall consider said victim impact statement in
37 disposition of the case against the defendant. The victim also has a right to submit the victim
38 impact statement to the parole board for inclusion in its records regarding the perpetrator of the
39 crime;
40 SECTION 8. Subsection (t) of said section 3 of said chapter 258B, as so appearing, is
41 hereby amended by inserting after the word “custody,”, in line 144, the following words:-
42 including a release on bail,
43 SECTION 9. Said section 3 of said chapter 258B, as so appearing, is hereby amended by
44 inserting the following sections:-
45 (x) for victims, to be notified by the prosecutor t