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HOUSE DOCKET, NO. 665         FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1528

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Shaunna O'Connell and James J. Dwyer

_______________

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 the protection of children and developmentally disabled individuals.

_______________

PETITION OF:

 

Name:

District/Address:

Shaunna O'Connell

3rd Bristol

James J. Dwyer

30th Middlesex

Laurie Myers

Community VOICES (president)

Brian M. Ashe

2nd Hampden

F. Jay Barrows

1st Bristol

Matthew A. Beaton

11th Worcester

Cheryl A. Coakley-Rivera

10th Hampden

Geoff Diehl

7th Plymouth

Ryan C. Fattman

18th Worcester

Kimberly N. Ferguson

1st Worcester

Paul K. Frost

7th Worcester

Robert L. Hedlund

Plymouth and Norfolk

Kevin G. Honan

17th Suffolk

Bradley H. Jones, Jr.

20th Middlesex

Kevin J. Kuros

8th Worcester

James R. Miceli

19th Middlesex

Keiko M. Orrall

12th Bristol

Todd M. Smola

1st Hampden

Bruce E. Tarr

First Essex and Middlesex

Daniel B. Winslow

9th Norfolk

Joseph DiPietro, Protect Mass Children

1150 Walnut Street

John P. Fresolo

16th Worcester

Bradford Hill

4th Essex

Marc T. Lombardo

22nd Middlesex


HOUSE DOCKET, NO. 665        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1528

By Representatives O'Connell of Taunton and Dwyer of Woburn, a petition (accompanied by bill, House, No. 1528) of Shaunna O'Connell, James J. Dwyer and others relative to the protection of children and developmentally disabled individuals.  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to the protection of children and developmentally disabled individuals.
 

              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 178E of chapter 6 of the General Laws, is hereby amended by inserting at the end thereof, the following new subsection:—

              (q) The district attorney shall notify the board whenever its office receives allegations of sexual abuse or sexual assault by a person that is required to register as a sex offender or has previously been required to register as a sex offender. 

              SECTION 2. Chapter 15D of the General Laws, is hereby amended by inserting after section 8, the following new section:—

              Section 8 ½. The department shall immediately notify the sex offender registry board whenever a person applies for a license to operate a child care center, a family child care home, a large family child care home, or a family child care system and that person (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender. If a person seeking a license from the department intends to provide childcare in a private residence, the department shall ensure that no person living in the private residence (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender. The department shall immediately notify the sex offender registry board whenever a person applies for a license to provide child care in a private residence and a person living in the private residence (1) is required to register as a sex offender; or (2) has previously been required to register as a sex offender.

              SECTION 3.Section 10 of chapter 19B of the General Laws, is hereby amended by adding at the end thereof the following:—

              The superintendent of any state school, or the director of any intellectual disability facility of the department, who has reason to believe that a sex offense, a sex offense involving a child, or a sexually violent offense,  has been committed by or upon any person on the premises of the particular facility or by or upon any person in the care of the particular facility but not on the premises thereof, shall no later than one week from the date of the commission of such offense, report the same to the sex offender registry board.

              The definitions of “sex offense”, “sex offense involving a child” and “sexually violent offense” as established in section 178C of chapter 6 shall be applied to this section.   

              SECTION 4. Section 51B of chapter 119 of the General Laws, is hereby amended by inserting, after the words, “sexual assault.” in line 104, the following:—

              The department shall immediately notify the sex offender registry board when making a report of sexual abuse or assault to the district attorney under subsection (k); provided further that such notification to the sex offender registry board shall include all information regarding alleged abuse which has been provided by the department to the district attorney.

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