Amendment #14 to H4860

Promoting safety for victims of violent crime and human trafficking

Representatives Nguyen of Andover and Haddad of Somerset move to amend the bill, as amended, by adding the following sections:

SECTION 92.  The General Laws are hereby amended by inserting after Chapter 258E the following chapter:-

CHAPTER 258F.

Section 1.  (a) As used in this chapter, terms shall have the meanings assigned to them by the federal acts. In addition, the following terms shall have the following meanings:

“certifying entity,” a law enforcement agency, prosecutor, or other public authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity, or an agency that has criminal investigative jurisdiction in its respective areas of expertise, including but not limited to the attorney general, the district attorneys, the state police, the municipal police departments, the department of children and families, the commission against discrimination, the department of labor relations, the department of labor standards, the division of industrial accidents and the municipal boards of health.

“federal acts,” the Trafficking and Victim Protection Act of 2000, 22 U.S.C. section 7101 to 7110 and the Immigration and Nationality Act of 1952, 8 U.S.C. sections 1101 to 1107, inclusive.

(b) A certifying entity shall adopt a policy for completing and signing certification forms for victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(U) and victims of severe forms of trafficking as defined by 22 U.S.C. section 7102 who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(T).

(c) A certifying entity shall respond to certification requests from victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(U) and from victims of severe forms of trafficking as defined by 22 U.S.C. section 7102 who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(T) no later than 90 days after receiving the request for certification. The certifying entity’s response shall consist of either:

(1) completing and signing the certification; or

(2) a written denial of the request, informing the requestor of the reason that the request does not meet the requirements of the certifying entity’s policy under this chapter. All denials shall be without prejudice.

SECTION 93.  Said chapter 258F of the General Laws is hereby further amended by inserting after section 1 the following section:

Section 2. (a) A certifying entity shall report to the executive office of public safety and security, on or before February 1, 2021, and annually thereafter, the number of victims that requested nonimmigrant status certification forms, the number of those certification forms that were signed, and the number of those certifications that were denied.

(b) There shall be an interagency crime victim certification steering committee to be convened by the executive office of public safety and security within 90 days from the date of the enactment of this provision. The steering committee shall consist of: the director of the Massachusetts office for victim assistance or the director’s designee, and the secretary of the executive office for public safety and security or the secretary’s designee, who shall serve as co-chairs, the attorney general or the attorney general’s designee, a representative of the Massachusetts Chiefs of Police Association, a representative of the Massachusetts District Attorneys Association; a representative of Jane Doe, Inc.; a representative of an entity dedicated to working with child victims of crime appointed by the Massachusetts Children’s Alliance; a representative of an entity dedicated to working with LGBTQI+ individuals appointed by the department of public health; an immigrant victim of crime appointed by the Massachusetts office for victim assistance; a civil legal aid attorney working with immigrant victims appointed by the Massachusetts Law Reform Institute; a victim witness advocate appointed by the Massachusetts office for victim assistance; a mental health professional appointed by the department of public health; a representative of a group dedicated to immigrant and refugee issues appointed by the governor. The members of the committee shall serve without compensation.

The steering committee shall:

(1) develop sample training materials and plan for implementation of training for law enforcement, prosecutors, victim advocates, state agency personnel, court personnel, and others about this chapter;

(2) create sample policies for certifying entities to utilize;

(3) author a report, with the technical assistance of the executive office of public safety and security, that shall be filed by March 1, 2021 and annually thereafter with the clerks of the house of representatives and senate. The clerks shall make the report available for public inspection. The report shall include the following items: (i) the activities of the steering committee from the previous year; (ii) an overview of implementation issues that arose in the previous year, including but not limited to certifying entity non-compliance with this section or section 1 of chapter 258F; (iii) any recommendations to the legislature; (iv) the number of victims that requested certification forms from each certifying entity; (v) the number of those certification forms that each certifying entity completed and signed; (vi) the number of certifications that each certifying entity denied; and (vii) total statewide statistics on certifications and denials; (viii) other information the steering committee identifies as relevant.

(4) undertake other responsibilities relating to this chapter that the committee identifies.

Additional co-sponsor(s) added to Amendment #14 to H4860

Promoting safety for victims of violent crime and human trafficking