SENATE DOCKET, NO. 2300        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 132

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joan B. Lovely

_________________

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 preventing sexual abuse of children and youth by adults in positions of authority or trust.

_______________

PETITION OF:

 

Name:

District/Address:

 

Joan B. Lovely

Second Essex

 

Steven G. Xiarhos

5th Barnstable

2/26/2021

Michael O. Moore

Second Worcester

3/8/2021

Elizabeth A. Malia

11th Suffolk

3/15/2021

Patrick M. O'Connor

Plymouth and Norfolk

3/31/2021

Bradford Hill

4th Essex

5/3/2021

Bruce E. Tarr

First Essex and Middlesex

5/3/2021

Kimberly N. Ferguson

1st Worcester

9/10/2021


SENATE DOCKET, NO. 2300        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 132

By Ms. Lovely, a petition (accompanied by bill, Senate, No. 132) of Joan B. Lovely, Steven G. Xiarhos, Michael O. Moore, Elizabeth A. Malia and others for legislation relative to preventing sexual abuse of children and youth by adults in positions of authority or trust.  Children, Families and Persons with Disabilities.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to preventing sexual abuse of children and youth by adults in positions of authority or trust.

 

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

SECTION 2. Chapter 268 of the General Laws is hereby amended by inserting after section 21A the following new section:-

Section 21B.  A person over the age of 21 who is employed by or contracts with a public or private school, the department of youth services, the department of children and families, the department of mental health, the department of developmental services or a private institution that provides services to clients of such departments, who is a teacher, administrator or a person in a similar position of authority in the school, department or institution and, in the course of such employment or contract or as a result thereof, engages in, within or outside of the school, department or institution, sexual relations with a person who is: (i) under the age of 19, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260,  section 4C.  In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor.