H2040 — An Act relative to domestic violence Kianna's Law

Summary

An Act relative to domestic violence Kianna's Law

Bill Text

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The bill modifies existing laws related to abuse prevention orders and related victim notifications.

• Section 3 of chapter 209A

  time, not to exceed one year → 1 year

  The maximum duration for certain orders is clarified to exactly 1 year.

• Section 3 of chapter 209A

  When a court orders the defendant to refrain from abusing or contacting the plaintiff pursuant to clause (a) or (b), the order shall be for a period of 1 year.

  It explicitly states the duration of court orders to refrain from abuse or contact is 1 year.

• Section 4 of chapter 209A

  for 1 year.

  The duration of the effect of orders is specified to be 1 year.

• Section 4 of chapter 209A

  The appropriate law enforcement agency responsible for notice to the defendant shall notify the victim and, where appropriate, the victim’s family members when notice of a temporary restraining order or other abuse prevention order: (i) has been successfully served; (ii) has not been successfully served, and the effect of non-service on the restraining order’s validity; or (iii) has expired or otherwise become ineffective.

  It requires law enforcement to notify victims and family members about the status of restraining orders.

• Section 7 of chapter 209A

  A court shall authorize both options of: service in hand to the defendant or service at the defendant’s last and usual address.

  It provides courts with the authority to choose how defendants are served notifications.

• Section 7 of chapter 209A

  When service to a defendant is required pursuant to this section, the appropriate law enforcement agency shall provide the defendant’s information and the notice materials to the department of criminal justice information services, which shall forthwith enter the information and notice in the public safety information system established in section 167A of chapter 6. Any law enforcement officer, upon learning through the public safety information system of an unserved order issued pursuant to this chapter, shall forthwith effect service upon a defendant.

  It mandates law enforcement to enter unserved orders into a public safety information system for prompt service.

• Section 3 of chapter 258B

  for victims, family members and witnesses, the right to be notified by the local law enforcement agency when notice of a temporary restraining order or other abuse prevention order: (1) has been successfully served; (2) has not been successfully served, and the effect of non-service on the restraining order’s validity; or (3) has expired or otherwise become ineffective.

  It establishes a notification right for victims, family members, and witnesses regarding restraining orders.

• Section 4 of chapter 258B

  The victim and witness assistance board, established in section 4 of chapter 258B of the General Laws, shall conduct a survey of the victim and witness assistance services in local law enforcement agencies, courthouses and district attorney’s offices. The board shall review the program plans submitted by the district attorneys pursuant to section 6 of said chapter 258B, assess the effectiveness of the services provided to victims and witnesses and identify areas in need of improvement. Not later than 1 year following the passage of this act, the board shall submit a report on its survey to the clerks of the house of representatives and the senate, the joint committee on the judiciary and the joint committee on public safety and homeland security.

  It mandates a review of victim and witness assistance services and reporting on their effectiveness within a year.

Sponsors

• David T. Vieira · Primary

Subjects