HOUSE DOCKET, NO. 665        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1528

The Commonwealth of Massachusetts

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PRESENTED BY:

Shaunna O'Connell and James J. Dwyer

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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 relative to the protection of children and developmentally disabled individuals.

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PETITION OF:

HOUSE DOCKET, NO. 665        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1528

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the protection of children and developmentally disabled individuals.

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. Section 178E of chapter 6 of the General Laws, is hereby amended by inserting at the end thereof, the following new subsection:—

(q) The district attorney shall notify the board whenever its office receives allegations of sexual abuse or sexual assault by a person that is required to register as a sex offender or has previously been required to register as a sex offender. 

SECTION 2. Chapter 15D of the General Laws, is hereby amended by inserting after section 8, the following new section:—

Section 8 ½. The department shall immediately notify the sex offender registry board whenever a person applies for a license to operate a child care center, a family child care home, a large family child care home, or a family child care system and that person (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender. If a person seeking a license from the department intends to provide childcare in a private residence, the department shall ensure that no person living in the private residence (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender. The department shall immediately notify the sex offender registry board whenever a person applies for a license to provide child care in a private residence and a person living in the private residence (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender.

SECTION 3.Section 10 of chapter 19B of the General Laws, is hereby amended by adding at the end thereof the following:—

The superintendent of any state school, or the director of any intellectual disability facility of the department, who has reason to believe that a sex offense, a sex offense involving a child, or a sexually violent offense,  has been committed by or upon any person on the premises of the particular facility or by or upon any person in the care of the particular facility but not on the premises thereof, shall no later than one week from the date of the commission of such offense, report the same to the sex offender registry board.

The definitions of “sex offense”, “sex offense involving a child” and “sexually violent offense” as established in section 178C of chapter 6 shall be applied to this section.   

SECTION 4. Section 51B of chapter 119 of the General Laws, is hereby amended by inserting, after the words, “sexual assault.” in line 104, the following:—

The department shall immediately notify the sex offender registry board when making a report of sexual abuse or assault to the district attorney under subsection (k); provided further that such notification to the sex offender registry board shall include all information regarding alleged abuse which has been provided by the department to the district attorney.