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H 3390

Homicide by child abuse

2025-2026 Regular Session Introduced by Don Chapman and 3 co-sponsors

Adds an Indigenous member to the Massachusetts Historical Commission, expanding from 11 to 12 seats and requiring one nominee from two tribal candidates chosen by the tribes.

Referred to Committee on Judiciary
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Bill Summary · H 3390

Note: The materials you provided appear to contain text from two different bills combined into one document. House Bill No. 3390 (MA) is an amendment to the Massachusetts Historical Commission; a separate South Carolina bill amends the state’s homicide-by-child-abuse statute. Below are concise, separate summaries of each measure and a short note about the procedural status from the materials you supplied.

Summary — Massachusetts: House No. 3390

Title: An Act adding an indigenous member to the Massachusetts Historical Commission

  • Purpose / intent
    Add formal Indigenous/tribal representation to the Massachusetts Historical Commission to ensure tribal perspectives are included in state historic preservation decisions.

  • Key provisions

    • Amends Section 26 of Chapter 9, General Laws, to increase commission membership from “11 persons” to “12 persons.”
    • Adds a new member “one from a list of two nominees,” where each nominee is submitted by one of the two federally recognized tribes in the Commonwealth (i.e., each tribe submits one nominee; the Commission/appointing authority selects one from that two-person list).

  • Who is affected

    • The Massachusetts Historical Commission (structure/appointments).
    • The two federally recognized tribes in Massachusetts (they each submit a nominee).
    • State agencies, local governments, preservation stakeholders, and projects subject to Commission review could be affected substantively by having tribal input on cultural resource decisions.

  • Procedural / timeline notes (from provided file)

    • Filed / Prefiled: 12/05/2024 (file shows multiple filing notes); introduced/read first time 01/14/2025.
    • Sponsor: Rep. Thomas W. Moakley (primary); Cosponsors Michelle L. Badger and Christopher J. Worrell.
    • Referred to Committee on Judiciary and to State Administration and Regulatory Oversight (records show referrals to both).
    • Hearings scheduled / rescheduled repeatedly for 10/29/2025 (various times and virtual updates listed).

Summary — South Carolina: Amendment to S.C. Code §16-3-85 (Homicide by Child Abuse)

Title (as provided): Increase age for homicide by child abuse from under 11 to under 18

  • Purpose / intent
    Expand the age range of children protected under the state homicide-by-child-abuse statute so that deaths of persons under age 18 caused by child abuse/neglect can be prosecuted under this statute.

  • Key provisions

    • Amends §16-3-85 to replace “under the age of eleven” with “under the age of eighteen” wherever it appears.
    • Retains existing definitions of “child abuse or neglect” and “harm” (physical injury, failure to provide necessities resulting in death, abandonment resulting in death).
    • Penalties preserved:
    • Causing death while committing child abuse/neglect (subsection A(1)): punishable by life imprisonment but not less than 20 years.
    • Knowingly aiding/abetting another and death results (A(2)): imprisonment 10–20 years.
    • Sentencing: judge must consider aggravating and mitigating circumstances; prior pattern of child abuse or neglect is a listed aggravator. The text contains editorial remnants showing both “eleven” and “eighteen” in places, reflecting the amendment.

  • Who is affected

    • Defendants (parents, caregivers, others) whose conduct results in death of persons under 18.
    • Prosecutors, defense attorneys, juvenile/child-welfare systems, and coroners (expanded scope).
    • Potentially increases criminal exposure for caretakers of adolescents and older minors who would previously have fallen outside this statute.

  • Procedural / timeline notes

    • The provided text includes an effective date clause: “This act takes effect upon approval by the Governor.”
    • The document includes a filing date of 12/05/2024 and a notation dated 12/05/2024 and 12/05/2024 style markings — confirm the bill’s current status with the South Carolina legislature for up-to-date action history.

Important caveat / recommendation

Because the packet you supplied mixes two distinct measures (a Massachusetts House bill to add an Indigenous member to the Historical Commission and a South Carolina statutory amendment raising the age in the homicide-by-child-abuse statute), please confirm which bill you want a focused, detailed brief on. I can expand either summary (legal implications, fiscal/administrative impacts, likely stakeholders, model-state comparisons, or suggested amendment language).

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

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