Submitted by State Senator Michael Barrett
The State Senate last month unanimously passed legislation enhancing protections for victims of domestic violence, strengthening penalties for strangulation and establishing new employment rights for victims.
“The bill takes steps forward for making sure domestic violence victims and their family members keep their jobs,” says Sen. Mike Barrett, Senate Chair of the Committee on Children, Families and Persons with Disabilities. “People in these awful situations should have time to get medical treatment, counseling, housing and legal assistance.”
The bill requires businesses with 50 or more workers to allow up to 15 days of leave, with or without pay, to any employee who is a victim of domestic violence or lives with a family member who is a victim. All information must be kept confidential.
Because the provision applies to workers at large companies, Barrett says, it’s important to make sure small business employees are also able to take some time off. Barrett is a co-sponsor on another bill establishing a limited number of paid sick time for all small business workers, a proposal currently before the Committee on Labor and Workforce Development.
The number of recorded cases of domestic violence statewide is staggering. Barrett notes a 2012 census which tallied the number of people served on one day by the 54 domestic violence programs in Massachusetts. On that particular day, according to Jane Doe, the organizations combined to serve 1,752 people.
The legislation also upgrades strangulation to a felony and creates penalties of up to 5 years in state prison or up to 2 1/2 years in a house of correction, a fine of up to $5,000 or both a fine and imprisonment. It toughens penalties when strangulation causes serious bodily harm, is against a pregnant woman, there are subsequent strangulation convictions or is against a person with a restraining order against the perpetrator.
The bill eliminates a provision allowing courts to dismiss charges if both parties agree in a written statement. Victims often feel pressure from their abuser to reconcile and aren’t emotionally able to resist their demands.
The bill now goes to the House of Representatives.
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