Bill > S1256

This bill establishes the Massachusetts Survivors Act, which provides comprehensive legal protections and relief for survivors of abuse, sexual assault, post-traumatic stress disorder (PTSD), and human trafficking who have been charged with criminal offenses. The act allows survivors to file motions at any point during criminal proceedings seeking pretrial diversion, reduced sentencing, or postconviction relief if their alleged criminal offense was related to their traumatic experiences. Survivors can present documentary evidence like medical records, sworn statements, and expert testimony to demonstrate their status. The bill provides specific sentencing guidelines that reduce potential prison terms based on the length of the original sentence, with some life sentences potentially reduced to 10 years or less. The legislation also allows for immediate sealing of court records related to offenses committed as a result of survivor status and ensures that survivors cannot be prevented from seeking relief through plea agreements. Additionally, the bill requires the Office of the Attorney General to collect and report annual data on motions filed under this act, including information about the number of motions, sentences, and demographic details of defendants, with the goal of providing more nuanced legal recognition of how trauma can impact criminal behavior.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1256