Bill > H1587

This bill establishes the Massachusetts Survivors Act, which provides legal relief for adults or children who are survivors of abuse, sexual assault, or human trafficking and have been charged with crimes related to their traumatic experiences. The bill allows survivors to file motions at any stage of criminal proceedings seeking pretrial diversion, reduced sentences, or postconviction relief. A survivor can demonstrate their status through various forms of documentary evidence, including court records, medical reports, sworn statements, and expert testimony. The court must consider the motion regardless of whether an affirmative defense was previously raised, and if the survivor can show by a preponderance of the evidence that their criminal offense was related to their experiences of abuse, the court may significantly reduce their sentence or provide alternative sentencing options. The bill mandates specific sentencing reductions based on the original sentence length, with some life sentences potentially reduced to 10 years or less. Additionally, the bill requires the Office of the Attorney General to collect and annually report data on these motions, including information about the number of motions filed, granted, and demographic details of the defendants. The legislation aims to provide compassionate legal pathways for survivors who have committed crimes as a result of their traumatic experiences, recognizing the complex impact of abuse, sexual assault, and human trafficking on individual behavior.

Justice

https://malegislature.gov/Bills/194/H1587