HOUSE DOCKET, NO. 1053        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1671

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the sex offender registry board..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The definition of “Sex offense involving a child” in section 178C of chapter 6, as appearing in the 2004 Official Edition, is hereby amended by adding the following 2 sentences:-

In a violation of section 23 of chapter 265, where the victim is at least 14 years of age and the offender is not more than 4 years older and the act was consensual the board may determine that a sex offense was not committed.  Any second or subsequent offense shall be a sexual offense.

SECTION 2.  The second paragraph of section 178D of said chapter 6, as so appearing, is hereby amended by adding the following:-

IXnumber of victims

Xages of victims

XIclarification if sex offender is a “stranger” to the victim

XIIdate of release from incarceration

XIIIparole and/or probation supervision and specific terms and conditions

VXpoints of contact for law enforcement and community supervision agencies

XVinternet contact identification and addresses

SECTION 3.  Section 178E of said chapter 6, as so appearing, is hereby amended by adding the following subsection:-

(r) Any sex offender who is on parole or probation shall not intentionally create a public social situation where he would have access and contact with unsupervised children.

SECTION 4.  Section 178F1/2 of said chapter 6, as so appearing is hereby amended by striking out the words “and fingerprints” in line 8 and 9

SECTION 5.  Said chapter 6 is hereby further amended by inserting after section 178Q the following section:-

Section 178R. All current addresses including place of employment, for level 3 offenders shall be audited by local police on a monthly basis.  All current addresses, including place of employment for level 2 offenders shall be audited by local police on a quarterly basis.  The results of all such audits shall be forwarded to the sex offender registry board.  All public housing employees shall require a report from the criminal offender record information system and the sex offender registry board.  No level 2 or 3 offender enter on the grounds of any facility that cares for children or senior citizens without permission of the administrator of the facility who shall provide supervision of the offender.  Level 2 and 3 sex offenders shall identify themselves as sex offenders when housed in any shelter, emergency or otherwise.