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SD 349

An Act relative to disclosures and the prevention of domestic violence

194th Legislature (2025-2026) Introduced by Patrick O'Connor

Establishes a DA disclosures framework for prior abuse to protect victims, with AG-guided guidelines due by July 1, 2026, balancing safety with rights.

House concurred
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Bill Summary · SD 349

Summary: An Act relative to disclosures and the prevention of domestic violence (Senate Docket No. 349)

Overview

  • Purpose: Establish a framework for district attorneys to disclose information about prior abuse or violence involving intimate partners, ex-partners, or household members, in order to protect victims and prevent crime. The act creates a process overseen by the Attorney General (in coordination with the Secretary of Public Safety and Security) to develop guidelines for these disclosures.
  • Status: House concurred
  • Introduced: February 27, 2025
  • Context: Builds on prior related proposals (similar matter previously filed as Senate No. 1574 in 2023–2024). Applies to violations and conduct defined under Massachusetts law relating to domestic violence (Chapter 209A).

What the bill would do

  • Add a new Section 97D1/2 to Chapter 41 to authorize and guide disclosures by district attorneys.
  • Require the AG, in coordination with the Secretary of the Office of Public Safety and Security, to promulgate guidelines by July 1, 2026.
  • Target audience for the guidelines: district attorneys, regarding the rights of individuals to ask about and receive information on prior reports and instances of abuse by an intimate partner, ex-partner, or household member (as defined in Chapter 209A).
  • Purpose of disclosures: allow sharing of information about violent or abusive behavior that may threaten the safety of a current or former partner, drawn from criminal investigations, agency involvement, or other police intelligence.

Key provisions and standards

  • Streamlined, simplified procedures: The guidelines must establish efficient processes for a person to seek a disclosure.
  • Standards of review for requests: Each disclosure request must be evaluated for: 1) Necessity to protect the requester from becoming a crime victim, 2) Pressing need for the disclosure, 3) Proportionality and necessity of interfering with the perpetrator’s rights to prevent further crime.
  • Authorized scope of disclosure: District attorneys may lawfully disclose information about violent or abusive behavior of a person that could threaten the safety of the current or former partner.
  • Sources of disclosed information: Disclosures may come from a criminal investigation, agency involvement, or other police intelligence.

Affected parties

  • Potential victims and individuals seeking disclosures under Chapter 209A-related protections.
  • District attorneys responsible for issuing disclosures under the guidelines.
  • The Attorney General and the Secretary of the Office of Public Safety and Security, who must develop the guidelines.
  • Individuals who are subjects of disclosures (balancing considerations of safety with rights to information).

Timing and procedural context

  • Guidelines due: July 1, 2026.
  • Legislative actions:
    • Filed 1/12/2025.
    • Referred to the Public Safety and Homeland Security committee on February 27, 2025.
    • House concurred on February 27, 2025.

Notes

  • The bill emphasizes protecting victims and facilitating access to critical safety information while establishing review standards to safeguard rights. It does not itself mandate automatic disclosures; rather, it creates a framework and timelines for developing guidelines that govern when and how disclosures may occur.

Compiled from official sources — confirm details with the bill’s official record.

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