Bill
H 4536
Extends the window for prosecuting certain sexual offenses by allowing charges to be filed if DNA evidence links a suspect after the original statute of limitations, using retained
Status and procedural history
- Introduced: 2025-05-08; read first time and referred to the House Committee on Judiciary.
- Committee action: Reported favorably by the Judiciary Committee (report filed 2025-09-25) and referred to the House Committee on Ways and Means.
- Current status (as of report): Recommended by Judiciary that the bill ought to pass.
Purpose and intent
- The bill is intended to (1) require longer retention of sexual assault evidence kits and (2) create a limited “DNA exception” to the criminal statute of limitations for specified sexual-offense charges so that prosecutions may proceed when the offender’s identity is established later through DNA evidence collected at the time of the offense.
Key provisions (substantive changes)
1. Evidence kit retention (amendment to section 97B½ of chapter 41)
- Requires that all sexual assault evidence kits “shall be retained for no less than 15 years.”
- Adds language that retention and use of these kits may be carried out “notwithstanding the statute of limitations of the underlying offense.”
Who or what would be affected
- Survivors of sexual assault: longer preservation of evidence and potential for prosecution years after an assault if DNA identifies a suspect.
- Law enforcement and prosecutors: extended opportunity to file charges when DNA matches arise later; will need procedures to use older kits.
- Evidence custodians and forensic laboratories: obligation to retain kits for at least 15 years; likely increased storage and management costs.
- Defendants: prosecutions may occur outside the ordinary limitation period when DNA later identifies a suspect — potential defense and due-process issues could arise.
- State agencies (chapter 41 custodians, crime labs governed by chapter 22E) responsible for retention and DNA record use.
Procedural/timing notes and limitations
- The exception is limited narrowly to identity established through DNA from evidence collected at the time of the offense; it does not generally eliminate limitation periods for all offenses.
- The bill does not specify funding for additional storage or lab costs; local and state budgets may be affected.
- The bill received a favorable Judiciary report and awaits consideration by House Ways and Means.
Note about the submitted text
- The file submitted with H.4536 also includes extensive, unrelated draft language from a South Carolina bill creating civil liability for “abortion-inducing drugs.” That South Carolina language is not part of the Massachusetts bill H.4536 as introduced/reported by the Massachusetts Judiciary Committee; it appears to be an insertion from a different jurisdiction and topic. The summary above addresses the Massachusetts H.4536 material (DNA exception and kit-retention provisions).
Compiled from official sources — confirm details with the bill’s official record.
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