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HOUSE DOCKET, NO. 3698         FILED ON: 6/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3596

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel B. Winslow

_______________

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 to reduce sexual exploitation of victims of human trafficking.

_______________

PETITION OF:

 

Name:

District/Address:

Daniel B. Winslow

9th Norfolk

Bradley H. Jones, Jr.

20th Middlesex

Brian M. Ashe

2nd Hampden

Paul Brodeur

32nd Middlesex

Sonia Chang-Diaz

Second Suffolk

Katherine M. Clark

Fifth Middlesex

Geoff Diehl

7th Plymouth

Kimberly N. Ferguson

1st Worcester

Ann-Margaret Ferrante

5th Essex

Sheila C. Harrington

1st Middlesex

Paul R. Heroux

2nd Bristol

Patricia D. Jehlen

Second Middlesex

Kay Khan

11th Middlesex

Jason Lewis

 

Mark C. Montigny

Second Bristol and Plymouth

James J. O'Day

14th Worcester

Elizabeth A. Poirier

14th Bristol

Ellen Story

3rd Hampshire

Timothy J. Toomey, Jr.

26th Middlesex

Donald H. Wong

9th Essex


HOUSE DOCKET, NO. 3698        FILED ON: 6/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3596

By Mr. Winslow of Norfolk, a petition (subject to Joint Rule 12) of Daniel B. Winslow and others for legislation to reduce sexual exploitation of victims of human trafficking.  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to reduce sexual exploitation of victims of human trafficking.
 

              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 50 of chapter 265 of the General Laws, as added by section 23 of chapter 178 of the acts of 2011, is hereby further amended by inserting at the end thereof the following:-

              (e)  A victim of this section who has been convicted of a violation under section 8, section 53, or section 53A of chapter 272 may move to have such conviction vacated.

              SECTION 2. Section 51 of chapter 265 of the General Laws, as added by section 23 of chapter 178 of the acts of 2011, is hereby further amended by inserting at the end thereof the following:-

              (e)  A victim of this section who has been convicted of a violation under section 8, section 53, or section 53A of chapter 272 may move to have such conviction vacated.

              SECTION 3. Section 8 of chapter 272 of the General Laws, as most recently amended by chapter 178 of the acts of 2011, is hereby further amended by inserting at the end thereof the following:-

              A person convicted under this section, or a person who has submitted to facts sufficient for a conviction under this section, who is a human trafficking victim, as defined by section 20M of chapter 233 may move to have the judgment vacated. Upon motion of the defendant, and upon a finding by the court that the defendant is a human trafficking victim, the court shall vacate the judgment and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty.

              SECTION 4. Section 53 of chapter 272 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following:-

              A person convicted under this section, or a person who has submitted to facts sufficient for a conviction under this section, who is a human trafficking victim, as defined by section 20M of chapter 233 may move to have the judgment vacated. Upon motion of the defendant, and upon a finding by the court that the defendant is a human trafficking victim, the court shall vacate the judgment and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty.

              SECTION 5. Subsection (a) of section 53A of chapter 272 of the General Laws, as most recently amended by chapter 178 of the acts of 2011, is hereby further amended by inserting at the end thereof the following:-

              A person convicted under this subsection, or a person who has submitted to facts sufficient for a conviction under this subsection, who is a human trafficking victim, as defined by section 20M of chapter 233 may move to have the judgment vacated. Upon motion of the defendant, and upon a finding by the court that the defendant is a human trafficking victim, the court shall vacate the judgment and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, or admission of sufficient facts, and enter a plea of not guilty.

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