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2005 LEGISLATIVE VICTORY
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HEALTHCARE |
For more information, please contact the Public Policy Department at 617-248-0922 or policy@janedoe.org.
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
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.
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
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
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
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
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
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.