WBA Press Release- Signing of Domestic Violence Bill
Monday, August 11, 2014
Women’s Bar Association of Massachusetts
27 School Street, Suite 500, Boston, MA 02108
Ph: 617.973.6666 Fax: 617.973.6663 www.womensbar.org
FOR IMMEDIATE RELEASE
Contact:
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Kara DelTufo
President
Women’s Bar Association of Massachusetts
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Patricia Comfort,
Executive Director
Women’s Bar Association of Massachusetts
(617) 973-6666
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WOMEN’S BAR ASSOCIATION COMMENDS THE GOVERNOR AND LEGISLATURE FOR STRENGTHENING DOMESTIC VIOLENCE LAWS IN MASSACHUSETTS
BOSTON, MA – August 8, 2014 - The Women’s Bar Association of Massachusetts (WBA) commends the Governor and legislature for strengthening the state’s domestic violence laws. The legislation, S 2334 - An Act relative to domestic violence, signed into law today as Chapter 260 of the Acts of 2014 establishes new criminal offenses related to domestic violence, creates new legal protections for victims and imposes training requirements for judges and court personnel.
“Women can never achieve full and equal participation in society if they are victims of violence. The WBA is thrilled that the Governor and legislature acted on this comprehensive legislation that will provide the Commonwealth with the tools to effectively prosecute these cases and ensure important rights and protections for victims of domestic violence,” stated WBA President Kara DelTufo.
The bill creates a new charge for a first offense of domestic assault and battery, punishable by up to 2.5 years in the county House of Corrections or up to a $5,000 fine, or both. The bill also requires employers with 50 or more employees to allow up to 15 days of leave a year for domestic violence victims to obtain medical attention, attend court or take care of other items. The bill creates new charges for strangulation and suffocation, which would be punishable by up to five years in state prison or 2.5 years in the county House of Corrections, or up to a $5,000 fine, or by both fine and imprisonment. Penalties for strangulation would increase if special circumstances are involved, such as if the victim is pregnant or has received a restraining order against the perpetrator. The bill would also delay bail for domestic violence offenders by six hours, allowing victims an opportunity to find a safe place and get the necessary help.
The WBA’s Legislative Policy Committee (LPC) has advocated over the years for many of the bill’s provisions, including one that would prohibit accord and satisfaction agreements in domestic violence cases, a process by which charges are dropped if a victim confirms to have received “satisfaction” or some form of compensation for an injury. Massachusetts was the only state where accord and satisfaction was still being used to dismiss a domestic violence case over the prosecution’s objection. The WBA advocated for a change in this accord and satisfaction law because victims often feel pressure from their abuser to reconcile and are not emotionally able to resist their demands, making this provision inappropriate for domestic violence related offenses.
Also instrumental to the WBA’s advocacy efforts was former WBA Board member and Assistant District Attorney at the Cape and Islands District Attorney’s Office, Lisa Edmonds, as well as Rachel Biscardi, who in her role as Director of Pro Bono Projects for the Women’s Bar Foundation (WBF) oversees the Family Law Project for Battered Women which provides critical legal assistance to low-income domestic violence survivors.
About the Women’s Bar Association of Massachusetts
Founded in 1978 by a group of activist women lawyers, the Women’s Bar Association boasts a vast membership of accomplished women lawyers, judges, and law students across Massachusetts. The WBA is committed to the full and equal participation of women in the legal profession and in a just society. The WBA works to achieve this mission through committees and taskforces and by developing and promoting a legislative agenda to address society’s most critical social and legal issues. Other WBA activities include drafting amicus briefs, studying employment issues affecting women, encouraging women to enter the judiciary, recognizing the achievement of women in the law, and providing pro bono services to women in need through supporting its charitable sister organization, the Women’s Bar Foundation. For more information, visitwww.womensbar.org.
Per http://openstates.org/ma/bills/188th/S2334/
| Aug 8, 2014 | Executive | Signed by the Governor, Chapter 260 of the Acts of 2014 |
| Aug 1, 2014 | Senate | Enacted and laid before the Governor |
| Aug 1, 2014 | House | Enacted |
| Aug 1, 2014 | Senate | Emergency preamble adopted |
| Aug 1, 2014 | House | Emergency preamble adopted |
| Jul 31, 2014 | House | Committee of conference report accepted - 152 YEAS to 0 NAYS (See YEA and NAY in Supplement, No. 482) |
| Jul 31, 2014 | House | Rules suspended |
| Jul 31, 2014 | House | Committee reported that the matter be placed in the Orders of the Day for the next sitting, the question being on acceptance |
| Jul 31, 2014 | House | Read; and referred to the committee on House Steering, Policy and Scheduling |
| Jul 31, 2014 | Senate | Committee of conference report accepted |
| Jul 31, 2014 | Senate | Addendum letter read |
| Jul 31, 2014 | Senate | Reported by committee of conference, see S1897 |
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