HOUSE DOCKET, NO. 709        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1791

The Commonwealth of Massachusetts

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PRESENTED BY:

Chynah Tyler

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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 protecting the safety of victims of violent crimes.

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PETITION OF:

HOUSE DOCKET, NO. 709        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1791

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1906 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act protecting the safety of victims of violent crimes.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the safety of victims of violent crimes by ensuring records and information received, obtained or maintained by the division in connection with any claim for crime victim compensation shall be confidential and privileged, and shall not be disclosed by the division or by anyone who receives such records or information from the division, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

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 appearing in the 2018 Official Edition, is amended by adding the following new section:-

Section 15.  (a) Except as otherwise provided in this section, all records and information received, obtained or maintained by the division in connection with any claim for crime victim compensation shall be confidential and privileged, and shall not be disclosed by the division or by anyone who receives such records or information from the division. (b) Nothing in this section shall preclude disclosure of records or information: (1) for the processing of a claim by the division or responding to an action in court seeking review of a decision by the division, at the sole discretion of the attorney general or her designee; (2) consisting of information exchanged between the claimant or his or her authorized representative and the division, provided that the claimant or his or her authorized representative consents to such disclosure in writing; (3) in response to a request for information for legitimate criminal justice purposes, at the sole discretion of the attorney general or her designee;  (4) to the extent required by rules of criminal procedure governing mandatory discovery, or the production or introduction into evidence of exculpatory or statutorily privileged records; or (5) upon a lawful order issued by a court of competent jurisdiction.