Skip to Content


HOUSE DOCKET, NO. 1097         FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1378

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James E. Vallee

_______________

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 enforcement of the victims' bill of rights.

_______________

PETITION OF:

 

Name:

District/Address:

James E. Vallee

10th Norfolk


HOUSE DOCKET, NO. 1097        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1378

By Mr. Vallee of Franklin, a petition (accompanied by bill, House, No. 1378) of James E. Vallee relative to the rights of victims of crimes.  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to enforcement of the victims' bill of rights.
 

              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 3 of Chapter 258B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting the following:

              (w) Any crime victim or the crime victim's lawful representative, and or the attorney for the government, may assert the rights described in this chapter.

              In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in this chapter, the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.

              The rights described in this chapter shall be asserted in the court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in a district or superior court in the county in which the crime occurred. The court shall take up and decide any motion asserting a victim's right forthwith. If the court denies the relief sought, the Movant may file a petition for relief with the Single Justice of the Supreme Judicial Court under M.G.L. Chapter 211, §3.  The Single Justice shall take up and decide such application forthwith within 72 hours after the petition has been filed.  If relief is denied, the reasons for the denial shall be clearly stated on the record in a written opinion and Movant may file for further relief consistent with existing rules of appellate procedure.

              In any appeal in a criminal case, the government may assert as error any court's denial of any crime victim's right in the proceeding to which the appeal relates.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error