Baker files legislation to protect survivors of violent crimes, outlaw distribution of illicit images

(The Center Square) – Gov. Charlie Baker has filed new legislation designed to protect physically abused survivors while boosting penalties for the distribution of illicit images.

The governor announced in a news release that the legislation would create new protections for survivors of domestic violence, sexual assault, and assault and battery while also addressing the distribution of explicit images and other crimes. Baker filed An Act to Protect Victims of Crimes and the Public and an Act Relative to the Harmful Distribution of Sexually Explicit Visual Materials (SEVM) with the General Assembly late Wednesday.

“Today’s proposals would provide stronger protections for survivors and we are grateful for our partnership with providers and advocacy organizations who support survivors for sharing their stories in support of this legislation,” Baker said while making the announcement at a roundtable event at Plymouth Public Library. “Our dangerousness proposal would update the current system of pretrial detention, which exposes victims and survivors to potential harm. Making these and other commonsense changes will strengthen the ability of prosecutors and the courts to hold dangerous individuals and protect survivors and our communities.”

The event featured survivors telling their tales and expressing the need for public safety reforms, according to the release. Sandra Blatchford, executive director of the South Shore Resource and Advocacy Center, led the event.

“SSRAC fully supports both legislative filings to address dangerousness and SEVM,” Blanchard said in the release. “Holding offenders on dangerousness enables survivors to focus on their safety. Protection against the pervasive threat of a dangerous offender often means a victim may have to leave employment, uproot children, and move away from support systems. The provisions of the dangerousness legislation will enable survivors to evaluate options, work with advocates, and move towards healing and safety.”

According to the release, An Act to Protect Victims of Crimes and the Public was originally filed in 2018 and this version would expand a list of offenses with a dangerousness hearing and close loopholes at both the beginning and end steps in the criminal process to limit, or prevent, action to address safety concerns.

The bill would give judges the power to enforce pre-trial release by allowing law enforcement officials the ability to detain people whom they observe violating court orders, which is not permitted under current law, which requires the court to issue a warrant. Judges, the release reads, would have the power to revoke release for people charged with violating conditions ordered by the court.

The legislation, according to the release, follows the federal model when it comes to sexual abuse and crimes where victims are threatened or face potential violence to include the offender’s past criminal convictions to determine if a “dangerousness hearing” is necessitated.

Under the proposal, the release reads, the legislation would extend the current mandate that police collect fingerprints of people charged with felonies to all individuals committing a crime. It also would enhance data collection to link an offender with a fingerprint. Probation officers, bail commissioners, and bail magistrates would be required to take action on an individual on pre-trial release who commits another crime. Bail commissioners and bail magistrates would be allowed to weigh dangerousness in deciding whether to release an individual from a police station when court is not in session. In addition, the bill would mandate a felony charge for the removal of court-ordered GPS devices.

The Act Relative to the Harmful Distribution of Sexually Explicit Visual Materials was first filed in 2017, according to the release, and would update laws governing the dissemination of sexually explicit images while allowing district attorneys “more tools to protect children.”

The legislation, the release reads, would prioritize diversion programs ahead of legal ramifications for cases involving minors and explicit images. Minors facing criminal charges would be granted the opportunity to enroll in “an educational diversion program” instead of facing charges in the juvenile justice system.

Under current law, according to the release, minors who exchange illicit materials to one another are subject to distributing or possession of child pornography charges. Plus, district attorneys and the attorney general would be afforded flexibility to “ensure minors that do not belong in the juvenile justice system do not wind up there.”

The legislation, according to the release, would also try and close loopholes under current law “by creating penalties for adults who distribute a sexually explicit image for purposes of revenge or embarrassment.” Current law only focuses on non-consensual recording of a person, and “does not address instances where someone distributes an image without consent” even if the image was taken with consent. A new felony offense would be created under the legislation that gives judges the power to ensure explicit images are destroyed.

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