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S 1186

An Act to ensure fair access to compensation for victims of human trafficking and forced labor

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 2 co-sponsors

Creates a dedicated lost-income compensation pathway for trafficking victims up to $25,000, with flexible evidence and no impact on most benefits.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1186

Summary — S.1186: "An Act to ensure fair access to compensation for victims of human trafficking and forced labor"

Note: The bill text provided corresponds to a Massachusetts Senate bill filed as Senate Docket No. 464 (Sen. Mark C. Montigny, Rep. Tram T. Nguyen). Below is a concise summary of that text (titled “Fair Access to Compensation for Victims of Human Trafficking”), including key provisions, affected parties, and timing.

Purpose

To expand and clarify access to state victim‑compensation for people subjected to human trafficking and forced labor by:
- creating a dedicated lost‑income compensation pathway for trafficking victims;
- lowering documentation barriers that currently prevent trafficking victims from obtaining compensation; and
- ensuring compensation does not jeopardize eligibility for public benefit programs (to the extent permitted by federal law).

Key provisions

  • Adds a definition of “victim of human trafficking” to chapter 149 (linking to state criminal statutes and federal trafficking definitions).
  • Creates Section 204 (Fair Access to Compensation for Victims of Human Trafficking) establishing lost‑income awards administered by the Division (chapter 258C) with a maximum award of $25,000 per victim.
    • Lost‑income payments limited to $12,500 per year for up to two years (total up to $25,000).
    • These payments do not count toward standard crime‑victim compensation under section 3(a) of chapter 258C, but do count toward the $50,000 catastrophic‑injury cap under that section.
  • Compensation paid under this section shall not be counted as income or an asset for purposes of determining eligibility for federal/state/local benefit programs, to the extent allowed by federal law.

Eligibility and documentation

  • Victims need not produce formal employer documentation. The Division must accept alternative, reliable evidence (e.g., sworn statements under penalty of perjury from the claimant, attorneys, mandated reporters, witnesses).
  • Criminal charges or alleged contributory conduct arising from the victimization (including certain drug or prostitution‑related charges) shall not disqualify a claimant. Applicants may submit a statement (under penalty of perjury) from the claimant or a corroborating person explaining the connection between the conduct and the victimization; the claimant is not required to admit criminal conduct.

Additional compensation rules

  • Within 190 days of enactment, the Division must adopt guidelines allowing non‑traditional evidence and calculating lost income at the Massachusetts minimum wage in effect at the time, for up to 40 hours per week.
  • The Division may authorize cash payments for job retraining or employment‑oriented services.
  • Lost‑income compensation generally capped at seven years after the crime unless the victim is disabled (per federal disability definition).
  • Minors may be compensated when they turn 18; parents/guardians may be compensated in certain hospitalization or fatality circumstances for minor victims.

Who is affected

  • Primary: victims of human trafficking/forced labor seeking lost‑income compensation.
  • Administrative: the Division that administers chapter 258C compensation, and state agencies that determine benefit eligibility.
  • Indirect: social service and legal providers assisting claimants.

Administrative timeline & status

  • Bill filed as MA Senate Docket No. 464 (filed 01/13/2025). Text requires the Division to adopt guidelines within 190 days of passage.
  • Hearing scheduled: 06/17/2025, 1:00 PM–5:00 PM (A‑2) per provided schedule.
  • Companion/related entries: HR 2554 (companion) and SD 464 referenced as replacement in docket material.

Potential impacts

  • Lowers barriers for trafficking victims to receive monetary relief for lost earnings and provides clarity about non‑counting for public benefits.
  • May increase claims and administrative workload for the Division; the bill sets a 190‑day deadline to adopt implementing guidelines.
  • Fiscal effects are not specified in the provided text.

If you want, I can produce a one‑page fact sheet, a side‑by‑side comparison with current chapter 258C rules, or draft talking points for stakeholders.

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

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