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MA S836

MA S836
Establishing a Bill of Rights for victims of sexual assault and related purposes


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to establish a Bill of Rights for victims of sexual assault and related purposes. The Judiciary.

AI Summary

This bill establishes a Bill of Rights for victims of sexual assault, creating a new chapter in the General Laws to define key terms like "rape kit" (a forensic examination kit for sexual assault victims) and "law enforcement official." It grants victims the right to have a "victim's advocate" or "sexual assault counsellor" (professionals trained to support victims) present during examinations and interviews, and ensures these communications remain confidential. The bill mandates that hospitals cannot charge victims for rape kits, and if a female victim chooses, she must be offered emergency contraception within four hours of the kit's administration at no cost. It also requires victims to be informed of their rights in writing, offers the option of a same-sex law enforcement officer during interviews, and ensures prompt processing and analysis of rape kits, with victims having the right to receive the results and not have them used to prosecute themselves for certain minor offenses. Furthermore, it mandates the creation of a system for victims to track their rape kits, requires annual reporting on rape kit backlogs, and establishes a task force to study and recommend improvements to the sexual assault response system, including the potential expansion of victim advocate services. The bill also clarifies that unprocessed rape kits will be stored indefinitely by the Crime Laboratory unless the victim requests their destruction in writing, and amends existing laws to expand the definitions and protections for victim's advocates and victim's rights organizations.

Committee Categories

Justice

Sponsors (7)

Last Action

Accompanied a study order, see S2361 (on 06/23/2016)

bill text


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