HOUSE DOCKET, NO. 1898        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3311

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kenneth I. Gordon

_________________

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 amending the victim of violent crime compensation law.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kenneth I. Gordon

21st Middlesex

1/17/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Danielle W. Gregoire

4th Middlesex

1/24/2019

Steven Ultrino

33rd Middlesex

1/25/2019


HOUSE DOCKET, NO. 1898        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3311

By Mr. Gordon of Bedford, a petition (accompanied by bill, House, No. 3311) of Kenneth I. Gordon and others for legislation to provide certain persons who were abused as a child with compensation from the Division of Victim Compensation and Assistance within the Department of the Attorney General.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 829 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act amending the victim of violent crime compensation law.

 

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.    Chapter 258C of the General Laws, as most recently amended by  Section 109 of Chapter 256 of the Acts of 2010. is hereby amended by inserting after the second sentence in section 2 (b), the following sentence:

In the case of a claimant who was sexually abused as a minor, such good cause shall include the report of a duly licensed mental health professional stating an opinion that the claimant did not make the connection between the sexual abuse and the harm suffered by the claimant at the time the abuse occurred, and that claimant's failure to make the connection was consistent with the typical responses by such victims of childhood sexual abuse.

SECTION 2.   Chapter 258C of the General Laws, as most recently amended by  Section 127 of Chapter 176 of the Acts of 2008. is hereby amended by inserting after section 5 (a) (1) the following:

In the case of a claimant who was sexually abused as a minor, said three years shall commence to run when the claimant first makes the connection between the sexual abuse and the harm suffered by the claimant as a result.  The report of a duly licensed mental health professional stating an opinion as to the date when the claimant first made the connection between the sexual abuse and the harm suffered by the claimant, and that the claimant's failure to make the connection prior to that date was consistent with the typical responses by such victims of childhood sexual abuse, shall be prima facie evidence in all proceedings under this chapter.