The Massachusetts Coalition Against Sexual Assault and Domestic Violence

Check markJane Doe Inc.'s Legislative Agenda

Our 2005-2006 Legislative Agenda includes a variety of bills that we have identified as those which will either greatly support and enhance the lives of survivors of domestic violence and sexual assault or set back the tremendous progress we have made in recent years. The list below includes at-a-glance information, links to fact sheets and public testimony (where available).

2005 LEGISLATIVE VICTORY
CHILDREN
CRIMINAL & CIVIL JUSTICE
ECONOMIC STABILITY

HEALTHCARE
OFFENDER ACCOUNTABILITY
TEENS & COLLEGE STUDENTS
VICTIM RIGHTS

 

For more information, please contact the Public Policy Department at 617-248-0922 or policy@janedoe.org.

2005 LEGISLATIVE VICTORY

Senate Bill 2073
An Act to Promote Timely Access to Emergency Contraception
Sponsors: Senator Pamela Resor & Representative Douglas Petersen
Summary: Requires hospital emergency rooms to make emergency contraception available to rape survivors. Allows pharmacists to dispense emergency contraception, through a collaborative agreement with a physician. Six other states have passed similar legislation: Alaska, California, Hawaii, Maine, New Mexico, and Washington.
JDI Position: Support
Other Supporters: Planned Parenthood League of Massachusetts, Massachusetts NARAL, Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence, Massachusetts Medical Society and more.
Status: Passed by House and Senate in May & June 2005
Vetoed by Governor Romney 7/25/05
Veto Overridden by House & Senate 9/15/05
Factsheet

CHILDREN

House Bill 1853
An Act Relative to Custody of a Child of a Parent Convicted of Murder
Sponsors:
Representative Peter Koutoujian and Senator Joan Menard
Summary: This bill will create a rebuttal presumption that terminates parental rights when a parent is convicted of murder of the other parent. The bill is named for Patrick Holland, the young man who recently “divorced” his father who was convicted of killing his mother.
JDI Position: Priority Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault and Domestic Violence
Status: Joint Judiciary Committee Session on 6/30/06 issued a Favorable Report that the bill ought to pass.
Act Now: Send a message to your Representative and Senator asking them to support this bill. Click here to find your local official: http://www.wheredoivotema.com/bal/myelectioninfo.php.
Factsheet
Revised Bill Text
Click here for Sample Letter.

CRIMINAL & CIVIL JUSTICE

Senate Bill 1037
An Act to Prevent Harassment & Witness Intimidation (formerly An Act to Establish a Sexual Assault & Stalking Protective Order)

Sponsors: Senator Pamela Resor & Representative Peter Koutoujian
Summary: The act would establish a criminally enforceable Harassment Protection Order.
JDI Position: Priority Support
Other Supporters: Women’s Bar Association of Massachusetts, Legislative Committee of the Governor’s Commission on Sexual Assault and Domestic Violence
Status: Joint Judiciary Committee, Hearing 2/7/06 1:00 p.m., Room B-2
Factsheet
Revised Bill Text

Senate Bill 1058 / House Bill 3555
An Act Relating to Amending the Criminal Statute of Limitations
Sponsors:
Senator Steven Tolman & Representative Ronald Mariano
Summary: Repeals provisions establishing statutes of limitations for the articulated sex crimes, including, but not limited to indecent assault and battery on a child under the age of fourteen, indecent assault and battery on a retarded person, rape and rape of a child.
JDI Position: Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence, MA Coalition to Reform Sex Abuse Laws
Status: Joint Judiciary Committee, awaiting hearing date
Fact Sheet: will be available soon

Senate Bill 1057 / House Bill 909
An Act Relating to Amending the Civil Statute of Limitations
Sponsors:
Senator Steven Tolman & Representative Ronald Mariano
Summary:
Repeals provisions establishing statutes of limitations for civil actions for assault and battery resulting from sexual abuse of a minor; authorizing the filing of said suits at any time; authorizes the filing of negligent supervision suits against third parties at any time.
JDI Position: Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence, MA Coalition to Reform Sex Abuse Laws
Status: Joint Judiciary Committee, awaiting hearing date
Fact Sheet: will be available soon

ECONOMIC STABILITY

Senate Bill 2338 (Formerly S1091)
An Act to Establish Employment Leave and Safety Remedies to Victims of Domestic Violence, Stalking and Sexual Assault

Sponsors: Senator Cynthia Creem
Summary: Requires businesses that employ more than fifty employees allow victims up to fifteen days of leave, with or without pay, if the employee, or a family or household member of such employee, is a victim of domestic violence, stalking, or sexual assault. Leave would be used to seek or obtain a court order of protection, medical attention, counseling, victim services, legal assistance, secure housing, or to appear in court as a witness, attend child custody proceedings, or consult with a district attorney or other law enforcement official. Would develop a model workplace safety policy, training curriculum, and workplace safety procedures and protocols for employers and help employers properly respond to employees who disclose.
JDI Position: Support
Other Supporters: Employers against Domestic Violence
Status: Currently before Senate Committee on Ways and Means
Hearing Joint Committee on Labor & Workforce Development 5/4/05
New Draft (S2338) Substituted 1/26/06
Reported Favorably by Labor & Workforce Development 1/26/06
Factsheet

HEALTH CARE

Senate Bill 1286
An Act to Encourage & Support the Education and Training of Health Professions Students with Respect to the Screening, Identification, and Referral of Victims of Domestic Violence & Sexual Assault
Sponsors:
Senator Richard Moore
Summary: Encourages and supports the education and training of health professions students with respect to the screening, identification and referral of victims of domestic violence. Provides grant incentives to institutions of health education that include curriculum around domestic violence and sexual assault.
JDI Position: Support
Other Supporters: Massachusetts Medical Society, Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence
Status: Hearing Joint Committee on Public Health 6/29/05
Factsheet

House Bill 878 / S1322
An Act Regarding Sexual Assault Nurse Examiners and Forensic Evidence in Cases of Sexual Assault and Rape
Sponsor: Representative Peter Koutoujian & Senator Susan Tucker
Summary: Codifies the current certification, program administration practices and clinical protocols necessary to ensure that all Sexual Assault Nurse Examiner (SANE) operations throughout the Commonwealth are conducted in a consistent manner that is of the highest quality. Further it ensures that all future changes to the current practices and protocols are thoroughly reviewed by a multi-disciplinary board of experts. Finally, it will also give clear guidance to judges regarding the minimum qualifications and the role of the Sexual Assault Nurse Examiner who may be presented to them to be qualified as expert witnesses.
JDI Position: Priority Support
Other Supporters: Lt. Governor Kerry Healey, Massachusetts Nurses Association, Massachusetts District Attorney’s Association, Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence
Status: Public Hearing Joint Committee on Public Health 6/29/05
Reported favorably out of JCPH 7/28/05
Joint Committee on Healthcare Finance
Factsheet

OFFENDER ACCOUNTABILITY

House Bill 2856
An Act Relative to the Creation of an Advisory Council on Licensure of Sex Offender Treatment Providers
Sponsor:
Representative Elizabeth Malia
Summary: Charges the Board of Registration of Allied Mental Health Professions to establish within one year of enactment a licensure program for sex offender treatment providers.
JDI Position: Support
Other Supporters: Massachusetts Coalition for Sex Offender Management (MCSOM) and Massachusetts Adolescent Sexual Offender Coalition (MASOC)
Status: Hearing Joint Committee on Consumer Protection & Professional Licensure 6/16/05
Factsheet

TEENS & COLLEGE STUDENTS

Senate Bill 777
An Act Establishing a Campus Rape & Sexual Assault Prevention Advisory Council
Sponsors:
Senator Pamela Resor
Summary:
Requiring the Massachusetts Board of Higher Education to create a campus rape and sexual assault prevention advisory council. The council would be charged with supporting campus groups that assist rape and sexual assault victims. The list of enumerated rights includes, but is not limited to: the right to be free from pressure by campus personnel to refrain from reporting crimes; the right to have any allegation treated seriously and to be notified of relevant campus services; and the same right to legal assistance and to have others present that the school permits to the accused.
JDI Position: Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault & Domestic Violence
Status: Joint Committee on Higher Education, Hearing 1/18/06 1:00 p.m., Room A-2.
Factsheet

House Bill 1125
An Act Relative to the Teaching of Teen Dating Violence Policies in the Public Schools
Sponsors:
Representative Peter Koutoujian
Summary: Requires all school districts in the commonwealth to implement specific policies and discipline codes to address teen dating violence; directs the department of education to develop a model policy for use by said school districts, and to provide technical and legal development to said districts in development of said policies and codes; requires health education to include information about safe and healthy relationships with a focus on preventing sexual and domestic violence.
JDI Position: Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault and Domestic Violence
Status: Public Hearing Joint Committee on Education 9/15/05
Factsheet

VICTIM RIGHTS

Senate Bill 2328 (formerly S793)
An Act Relative to Housing Discrimination against Victims of Domestic Violence, Sexual Assault and Stalking
Sponsor:
Senator Cynthia Creem
Summary: Prohibits owners, lessees, and real estate brokers from discriminating against victims of domestic violence, rape, sexual assault or stalking; entitles victims of domestic violence, sexual assault, rape or stalking to terminate rental agreements on residential housing without penalty; regulates the termination of rental agreements by said victims; prohibits landlords from terminating a rental agreement, refusing to renew a rental agreement or refusing to enter into a rental agreement on the basis of status as a victim of domestic violence, rape, sexual assault or stalking; imposes civil penalties for said discrimination.
JDI Position: Support
Other Supporters: Legislative Committee of the Governor’s Commission on Sexual Assault and Domestic Violence
Status: Heard by Joint Housing Committee 6/16/05
New draft (S2328) reported favorably from Committee 1/11/06
Factsheet
Testimony

Senate Bill 838
An Act to Protect and Enhance the Rights of Child and Adult Victim and Witnesses of Crime
Sponsor: Senator Fred Berry
Summary: Amends various provisions relative to the rights of victims and witnesses of crime and family members of same; subjects individuals convicted as youthful offenders to said provisions; requires courts to designate waiting areas and develop safeguards to minimize contact between victims and the defendants, and the defendants' family, friends, attorneys or witnesses; prohibits defense counsel from interviewing child victims or witnesses without the permission of adult family members; authorizes the use of audio and video tape to submit testimony of victims; entitles child victims or witnesses to have parents, friends or other supportive adults in the courtroom during testimony; authorizes prosecutors to familiarize child victims or witnesses with the courtroom setting; authorizes victims to confer with prosecutors prior to the entry of pleas; entitles victims to notice of their rights to submit victim impact statements; repeals provisions relative to the reduction or waiver of civil motor vehicle assessments upon findings of severe financial hardship.
JDI Position: Support
Other Supporters: Massachusetts Office for Victim Assistance (MOVA)
Status: Heard by Joint Judiciary Committee 6/7/05

Governor Romney Proposal to grant immigration law enforcement powers to state police
Summary: Imparts to Massachusetts State Police power to enforce federal immigration laws.
JDI Position:
Oppose. Read JDI letter to Governor Romney.
Status:
Proposed by Governor Romney.