SENATE DOCKET, NO. 1272        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 909

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_________________

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 statute of limitations for sex crimes in Massachusetts.

_______________

PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

First Essex and Middlesex


SENATE DOCKET, NO. 1272        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 909

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 909) of Bruce E. Tarr for legislation relative to the statute of limitations for sex crimes in Massachusetts.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 805 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act relative to the statute of limitations for sex crimes in Massachusetts.

 

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 63 of chapter 277 of the General Laws, as amended by sections 67 to 69, inclusive, of chapter 267 of the acts of 2014, is hereby further amended by striking out the 4th sentence and inserting in place thereof the following sentence:-

An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B½, 13H, 13F, 22, 22A, 22B, 23, 23B, 24, 24B, 26, 26D, 26C, or 44 of chapter 265, section 3, 4, 4A, 4B, 28, 29A, 29B, 29C, 35, 35A, or 53A (C) of chapter 272, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed at any time after the date of the commission of such offense.

Such a claim will not be allowable unless:

(a) A licensed Massachusetts psychologist supports said claim(s) of the victim.

(b) Legal counsel is willing to represent the victim.

(c) The district attorney in the county in which the alleged crime(s) occurred supports the indictment or the alleged perpetrator.

There shall be a three year retroactive window for plaintiffs to file such claims.