Amendment ID: H5112-5

Amendment 5

Victim Notification

Messrs. Tarr, Fattman and O'Connor and Ms. Moran move to amend the bill by inserting after section _ the following:-

"SECTION_. Chapter 276 is hereby further amended by inserting after section 58B the following section:-

Section 58C.  No person who has attained the age of 18 years and who has been charged with any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation of sections 13M or 15D of chapter 265, or any offense enumerated in subsection 1 of section 58A that involves an identified victim shall be admitted to bail before all reasonable efforts are made to notify the alleged victim of the person’s imminent release; provided, however, that the person charged shall not be held more than 6 hours in order to permit prior notice to the alleged victim.

When a person so charged is to be released from the custody of a police department, such notice shall be provided by the police department.  When a person so charged is to be released from a courthouse, such notice shall be provided by the commonwealth.  When a person so charged is to be released from a jail or correctional facility, such notice shall be provided by the superintendent or superintendent’s designee.  The person or agency responsible for providing notice shall undertake to provide notice promptly."