Section 1: Definitions

418 words·~2 min read·/ma/part-iii/title-iv/chapter-258b/1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1. As used in this chapter, the following words shall have the following meanings, unless the context otherwise requires:—

''Board'', the victim and witness assistance board as established in section four.

''Court'', a forum established under the General Laws for the adjudication of criminal and delinquency complaints, indictments and civil motor vehicle infractions.

''Crime'', an act committed in the commonwealth which would constitute a crime if committed by a competent adult including any act which may result in an adjudication of delinquency.

''Disposition'', the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or found delinquent or against whom a finding of sufficient facts for conviction or finding of delinquency is made.

''Family member'', a spouse, child, stepchild, sibling, parent, stepparent, dependent, as defined in section one of chapter two hundred and fifty-eight C, or legal guardian of a victim, unless such family member has been charged in relation to the crime against the victim.

''Prosecutor'', the attorney general, assistant attorneys general, district attorney, assistant district attorneys, police prosecutors, other attorneys specially appointed to aid in the prosecution of a case, law students approved for practice pursuant to and acting as authorized by the rules of the supreme judicial court, or any other person acting on behalf of the commonwealth, including victim-witness advocates.

''Restitution'', money or services which a court orders a defendant to pay or render to a victim as part of the disposition.

''Victim'', any natural person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime or delinquency offense, as demonstrated by the issuance of a complaint or indictment, the family members of such person if the person is a minor, incompetent or deceased, and, for relevant provisions of this chapter, a person who is the subject of a case reported to a prosecutor pursuant to section eighteen of chapter nineteen A, sections five and nine of chapter nineteen C, and section fifty-one B of chapter one hundred and nineteen, and the family members of such person if the person is a minor, incompetent or deceased.

''Victim-witness advocate'', an individual employed by a prosecutor, the board, or other criminal justice agency to provide necessary and essential services in carrying out policies and procedures under this chapter.

''Witness'', any person who has been or is expected to be summoned to testify for the prosecution whether or not any action or proceeding has yet been commenced.