Massachusetts
2009/2010 Legislation
An Act Relative to the Enforcement of the Victim Bill of Rights
Rep. James Vallee and Senator Scott Brown
Bill Outline
Summary
The bill would reform the Sexually Dangerous Person’s Statute, giving the Commonwealth’s prosecutors equal power with the convicted offender in deciding whether the offender is found sexually dangerous or released back to the community. Currently, the decision on whether to bypass a jury and go before a single judge is left solely to the convicted sex offender. This bill would give prosecutors, as well as defendants, the ability to ask for and receive a jury trial.
Updated Statistics
Since 1999 in Middlesex County, there have been 48 trials to determine whether a convicted sex offender is sexually dangerous. Of the 21 cases already decided when heard directly before a judge, 48% of the offenders were ruled sexually dangerous. Of the 23 cases decided by a jury, 70% of the offenders were found to be sexually dangerous.
Bill Language
The Commonwealth of Massachusetts In the Year Two Thousand and Nine
An Act FURTHER PROTECTING VICTIMS FROM SEXUALLY DANGEROUS PERSONS.
Whereas, the deferred operation for this act would tend to defeat its purpose, which is forthwith to make, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. Chapter 123A: SECTION 14. of the General Laws, is hereby amended by striking in line one of section 14 "The district attorney or the attorney general at the request of the district attorney may petition the court for a trial which shall be by jury unless affirmatively waived by the person named in the petition" and inserting in line 1, "In any trial held pursuant to the provisions of this section, either the person named in the petition or the petitioning party may demand that the case be tried to a jury, and upon such demand, which shall be made in writing, the case shall be tried to a jury."
There is hereby established a statewide central register in the commonwealth for missing children to 8 be known as the Massachusetts Missing Child Clearinghouse. This clearinghouse shall be created by the 9 Executive Office of Public Safety and Security through electronic data processing and related procedures. 10 The central register shall be maintained by the Department of State Police or the Executive Office of the 11 Public Safety and Security, accessible through a public website and compatible with the National Crime 12 Information Center register, maintained pursuant to the federal Missing Children Act of 1982
A hearing for this bill was held on June 30, 2009. The bill is currently in the Judiciary Committee and is awaiting action. Contact the members of Judiciary and let them know you would like them to refer te bill out of committe favorably and let it continue through the legislative process.
Excerpt from the testimony submitted at the June 30, 2009 hearing before the Judiciary Committee
H1350, An Act Relative to the Sex Offender Registry. This bill if passed would allow citizens to view level 2 sex offenders in on the Sex Offender Registry Board’s website. Currently, parents and concerned citizens must visit their local police department and fill out a form to obtain this information, each town requires a separate form and more time spent on obtaining this important (public) information. Once the form is filled out, police departments are required to make copies of all the level 2’s and set up another time, or spend money in postage to have the package delivered. This is time consuming and costly for over burdened police departments, not to mention it’s a inconvenience for the person requesting the information. We hear so much about sex offender preying on children using the Internet, it’s time citizens and parents be allowed an additional tool on the Internet to keep our kids safe.
Laurie Myers
