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Bill

H 3394

Homicide by child abuse

2025-2026 Regular Session Introduced by William Bailey and 11 co-sponsors

Massachusetts bill establishes Election Worker Appreciation Day via annual gubernatorial proclamation after the first Monday in November in even-numbered years.

Member(s) request name added as sponsor: Erickson, Bradley, King
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Bill Summary · H 3394

Summary of Bill H 3394 (documents provided contain two distinct measures)

Note: The materials provided appear to include text for two different bills combined into one file: (A) a Massachusetts House bill (H.3394) establishing an “Election Worker Appreciation Day,” and (B) a South Carolina statutory amendment to the homicide-by-child-abuse statute (S.C. Code §16-3-85). Below are clear, separate summaries of each measure, followed by status/procedural notes and the likely practical effects.

A. Massachusetts — H.3394 — “An Act providing for the observance of Election Worker Appreciation Day”

Purpose and intent
- To establish an annual observance recognizing the contributions of election workers in the Commonwealth.

Key provisions
- Chapter 6 of the Massachusetts General Laws is amended by inserting a new section (proposed Section 15MMMMMM).
- The Governor is required to annually issue a proclamation setting apart “the Wednesday next after the first Monday in November in every even‑numbered year” as Election Worker Appreciation Day.
- The Governor shall recommend that the day be observed “in an appropriate manner by the people.”

Who is affected
- Primarily ceremonial/recognition effect: state executive (Governor), election workers across Massachusetts, and the public who may observe the day.
- No regulatory, funding, or criminal-law changes.

Procedural/timeline aspects
- Primary sponsor: Rep. David K. Muradian, Jr.
- Filed/added to House docket 1/16/2025.
- Referred to the Committee on State Administration and Regulatory Oversight (per the text).
- This is a proclamation/observance bill—effect takes place by annual gubernatorial proclamation; no appropriation required.

Practical impact
- Formalizes a recurring gubernatorial proclamation for recognizing election workers in even‑numbered years (the Wednesday after the first Monday in November, i.e., the day after Election Day).

B. South Carolina — Amendment to S.C. Code §16‑3‑85 — “Homicide by child abuse” (increase protected age)

Purpose and intent
- To expand the age of children protected under the homicide‑by‑child‑abuse statute from “under the age of eleven” to “under the age of eighteen,” thereby allowing homicide‑by‑child‑abuse charges to be brought when victims are under 18.

Key provisions
- Amends Section 16‑3‑85 to change references of “under the age of eleven” to “under the age of eighteen” in both subsection (A)(1) and (A)(2).
- Defines “child abuse or neglect” and “harm” consistent with existing statute language (physical injury including excessive corporal punishment, failure to supply adequate basics when it causes physical injury or death, abandonment resulting in death).
- Penalties:
- Subsection (A)(1): may be imprisoned for life, but not less than twenty years.
- Subsection (A)(2) (aiding and abetting): imprisonment not exceeding twenty years and not less than ten years.
- Sentencing: judges must consider aggravating circumstances including prior pattern of abuse or neglect of a child under the new age threshold (under 18). The statute expressly states a child’s crying is not provocation for mitigation.
- Effective date: upon approval by the Governor.

Who is affected
- Expands criminal exposure for persons (parents, caregivers, others) whose abusive or neglectful conduct causes death of persons aged 11–17 (previously excluded by the under‑11 threshold).
- Affects prosecutors (additional charging option), defense counsel, sentencing judges, and juvenile/family services insofar as related cases may shift into adult criminal courts.

Procedural/timeline aspects (from provided actions)
- Prefiled 12/05/2024 (document shows a 12/05/2024 filing date).
- Referred to Committee on Judiciary (dates in the record: 2024‑12‑05 and 2025‑01‑14).
- Additional listed actions include member sponsor additions (multiple names) and scheduled/rescheduled hearings on 11/05/2025 (per the legislative actions supplied).
- Becomes effective upon the Governor’s approval.

Practical impact and considerations
- Broadens applicability of the homicide‑by‑child‑abuse felony to older minors (11–17), likely increasing the number of cases eligible for the statute’s severe penalties.
- May change charging practices (prosecutors may prefer this statute over alternative homicide or manslaughter charges when death occurs in the context of abuse/neglect).
- The statutory definitions retain focus on physical injury, failure to provide basics causing death, and abandonment; sentencing guidance highlights prior patterns of abuse as an aggravator.

If you want, I can:
- Produce a redline showing precisely how the South Carolina statute would read after amendment, or
- Produce a chronological status table with the procedural steps for either measure, or
- Confirm which bill you want prioritized if this combined file was provided in error.

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

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