SENATE DOCKET, NO. 349        FILED ON: 1/12/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Patrick M. O'Connor

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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 disclosures and the prevention of domestic violence.

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PETITION OF:

SENATE DOCKET, NO. 349        FILED ON: 1/12/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1574 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to disclosures and the prevention of domestic violence.

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

The General Laws, as so appearing, are hereby amended in Chapter 41 by adding the following:-

Section 97D1/2. The attorney general in coordination with the secretary of the office of public safety and security shall develop and promulgate guidelines by no later than July 1, 2026 to all district attorneys regarding rights of persons to ask and know about prior reports and instances of abuse as defined in section 1 of chapter 209A perpetrated by their intimate partner, ex-partner, or household member. Said guidelines shall include streamlined and simplified procedures for a person to seek a disclosure and reasonable, as well as standards of review for a request which shall include determining (i) that the disclosure is necessary to protect the person from being the victim of a crime, (ii) that there is a pressing need for the disclosure, and (iii) that the interference with the perpetrator’s rights is necessary and proportionate for the prevention of crime. The guidelines shall provide that pursuant to a request for disclosure, district attorneys may lawfully disclose information about violent or abusive behavior of a person that may threaten the safety of that person’s current or ex-partner. Said information may be arising from a criminal investigation, through agency involvement, or from another source of police intelligence.