Bill Text: MA H1587 | 2009-2010 | 186th General Court | Introduced

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Bill Title: The victims of violent crime

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-22 - Bill reported favorably by committee and referred to the House Committee On Ways and Means [H1587 Detail]

Download: Massachusetts-2009-H1587-Introduced.html

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The Commonwealth of Massachusetts

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PRESENTED BY:

Eugene L. O'Flaherty

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
                Court assembled:

                The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to the victims of violent crime

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PETITION OF:

 

Name:	District/Address:
Eugene L. O'Flaherty	2nd Suffolk
Attorney General Martha Coakley
Barry R. Finegold	17th Essex
Frederick E. Berry	Second Essex
Gale D. Candaras	First Hampden and Hampshire
Thomas P. Kennedy	Second Plymouth and Bristol
Peter J. Koutoujian	10th Middlesex
Louis L. Kafka	8th Norfolk
Mary E. Grant	6th Essex
Christine E. Canavan	10th Plymouth
Robert F. Fennell	10th Essex
John D. Keenan	7th Essex
Kevin G. Honan	17th Suffolk
Richard J. Ross	9th Norfolk
Stephen M. Brewer	Worcester, Hampden, Hampshire and Franklin
Joan M. Menard	First Bristol and Plymouth
Katherine Clark	32nd Middlesex
Thomas M. McGee	Third Essex and Middlesex

 

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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An Act relative to the victims of violent crime.

                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.  Section 2(f) of chapter 258C of the General Laws is hereby repealed.

SECTION 2.  Section 3(b) of chapter 258C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsection 1 in its entirety inserting in place thereof the following paragraphs:-

(1)(A)  The maximum award or compensation for funeral and burial expenses shall be $6,500.  A legal guardian, dependent or other family member of the victim or a person who actually incurs funeral and burial expenses directly related to the death of a victim shall be eligible for compensation for such funeral and burial expenses.

(B)  The maximum award or compensation for expenses other than funeral and burial expenses associated with the interment of a victim whose death is the direct result of a crime shall be $800.  For purposes of this subsection compensable expenses shall include, but not be limited to, transportation of the victim to the location of interment; travel of a legal guardian or family member to accompany the victim to the location of interment; memorial markers at the location of interment or other associated expenses as determined by the program director in accordance with section 4 of this chapter.

SECTION 3.  Section 3(b)(2)(A) of chapter 258C of the General Laws, as so appearing, is hereby amended, in lines 22 and 25, by striking out the word “F,” and inserting in place thereof the following word:- G.

SECTION 4.  Section 3(b)(2)(C) of chapter 258C of the General Laws, as so appearing, is hereby amended, in line 40, by inserting after the word “victim,” the following words:- parent or legal guardian of a victim who is a minor in accordance with section 4 of this chapter.

SECTION 5. Section 3(b)(2) of chapter 258C of the General Laws, as so appearing, is hereby amended by inserting, after the last paragraph, the following subsections:-

Expenses incurred for professional crime scene clean up services necessary as the direct result of the commission of a crime at a private residence or in a motor vehicle that is owned or leased by a victim, family member or other dependent shall be compensable in accordance with this chapter, provided, however, that the maximum amount of compensation shall not exceed $1,500.  For purposes of this section, “crime scene clean up” shall mean the removal of, or the attempted removal of, blood or other stains that are the direct result of the commission of a crime or other dirt and debris caused by the processing of the crime scene, but shall not include the replacement or repair of property damaged during the commission of the crime, in accordance with section 4 of this chapter.

A victim shall be eligible for compensation for the reasonable replacement costs of clothing and bedding seized as evidence or rendered unusable as the result of a criminal investigation that is the direct result of a crime provided, however, that the maximum compensable amount shall not exceed $250.

A victim, or a family member residing with the victim at the time a crime is committed, shall be eligible for compensation for the costs associated with the implementation of security measures, provided, however, that the maximum compensable amount shall not exceed $500.  For purposes of this section, “security measures” shall mean the replacement, repair or installation of locks, windows or other security devices deemed to be reasonably necessary for the promotion of the victim’s safety by the program director after taking into consideration the nature of the crime in accordance with section 4 of this chapter. 

SECTION 6.  Section 8 of chapter 258C, as so appearing, is hereby amended, in line 1, by striking out the word “fifteen,” and inserting in place thereof the following word:- 20.

SECTION 7.  Section 8 of chapter 258C, as so appearing, is hereby further amended, in line 12, by striking out the word “twenty,” and inserting in place thereof the following word:- 30.

SECTION 8.  Section 9 of chapter 258C, as so appearing, is hereby amended by striking out, in line 7, the word “twenty,” and inserting in place thereof the following word:- 30.

SECTION 9.  Section 10 of chapter 258C of the General Laws, as so appearing, is hereby amended by inserting, in line 6, after the word “insurance,” the following words:- including, but not limited to, homeowner’s insurance, renter’s insurance, automobile insurance.