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An Act relative to determining capacity and invoking the health care proxy

H1539

HD3903

{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-20T15:17:53.557'}

[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-20T15:17:53.5566667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-31T13:36:47.7'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T13:27:47.9933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-02-01T13:27:47.9933333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T12:47:12.9666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-09T12:47:12.9666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T15:33:32.2233333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:33:32.2233333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-03-15T14:53:01.51'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-15T14:53:01.51'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-15T14:53:01.51'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-15T14:53:01.51'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-04-03T13:26:11.6333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-04-18T14:41:52.14'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-07-24T14:23:20.65'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1539/DocumentHistoryActions

Bill

By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1539) of Danielle W. Gregoire and others relative to health care proxies. The Judiciary.

SECTION 1. Section 1 of chapter 201D of the General Laws, as appearing in the 2020 Official Edition, shall be amended by inserting after the definition of “Attending physician” the following definition:- “Attending nurse practitioner”, the nurse practitioner who is authorized to practice as such under regulations promulgated pursuant to section 80B of chapter 112, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient, in whatever setting medical diagnosis or treatment is rendered. Where more than one nurse practitioner shares such responsibility, any such nurse practitioner may act as the attending nurse practitioner. SECTION 2. Section 5 of said chapter 201D shall be amended by inserting after the word “physician”, in line 23, the following words:- or nurse practitioner. SECTION 3. Section 6 of said chapter 201D shall be amended by inserting after the words “attending physician”, in lines 4 through 5, 7, 11, 12 through 13, and 36, each time they appear, the following words:- or attending nurse practitioner. SECTION 4. Said section 6 of said chapter 201D shall be further amended by inserting after the word “physician”, in line 17, the following words:- or nurse practitioner. SECTION 5. Section 7 of said chapter 201D shall be amended by inserting after the word “physician”, in lines 11 and 14, each time it appears, the following words:- or nurse practitioner. SECTION 6. Said section 7 of said chapter 201D shall be further amended by inserting after the words “attending physician”, in lines 17 through 18, the following words:- or attending nurse practitioner. SECTION 7. Section 13 of said chapter 201D shall be amended by inserting after the words “attending physician”, in line 2, the following words:- or attending nurse practitioner. SECTION 8. Section 14 of said chapter 201D shall be amended by inserting after the word “physician”, in lines 2 through 3, 6, 7, 9, 10, and 13 through 14, each time it appears, the following words:- or nurse practitioner.

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An Act to end child homelessness

H154

HD2934

{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T18:33:05.003'}

[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T18:33:05.0033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H154/DocumentHistoryActions

Bill

By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 154) of Michelle M. DuBois relative to child homelessness. Children, Families and Persons with Disabilities.

Notwithstanding any general or special law to the contrary, no family with children under the age of eighteen shall be evicted of removed from public housing, publicly subsidized housing, or a shelter funded in whole or in part with public funds, including a motel or hotel providing emergency shelter, unless and until the Housing Services Unit of the Department of Children and Families, in consultation with the Department of Housing and Community Development, has developed and is able to implement a plan to assure that all children under eighteen in the affected family will be housed in some location which is fit for human habitation. All reasonable efforts shall be made to provide that such children remain in the custody of their parents or other caregivers with whom they have been residing.

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An Act to continue providing for virtual notarization to address challenges related to COVID-19

H1540

HD1107

{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:01:27.59'}

[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-18T11:01:27.59'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1540/DocumentHistoryActions

Bill

By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 1540) of Richard M. Haggerty for legislation to further regulate virtual notarization. The Judiciary.

SECTION 1. Section 8 of chapter 71 of the acts of 2020 is hereby amended by inserting after the word “emergency” the following words:- or July 31, 2024, whichever is later.

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An Act relative to historic homes

H1541

HD3352

{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T12:08:05.377'}

[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T12:08:05.3766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1541/DocumentHistoryActions

Bill

By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 1541) of Richard M. Haggerty relative to the penalty for illegally removing certain parts of historical homes. The Judiciary.

SECTION 1. Chapter 266 of the General Laws, as appearing in 2016 Official Edition, is hereby amended by inserting after section 95 the following new section:- Section 95A. In this section, “historic home” shall mean any dwelling house listed listed in the State Register of Historic Places established and maintained by the Massachusetts Historical Commission pursuant to G. L. c. 9, section 26C or identified by a plaque identifying the homestead as an historic homestead pursuant to G. L. c. 9, section 27D. Whoever willfully, intentionally and without right removes items, including, but not limited to, copper gutters, copper wiring, aluminum or brick; displaces, destroys, defaces, mars or injures the walls, wainscoting or any other part of any historical home, or the appurtenances there of, by cutting, breaking, writing or otherwise, shall be punished by a fine of not less than $100 and not more than $1000 or by imprisonment for not more than 2 years. Any person convicted under the provisions of this section shall, in addition to the fine assessed, reimburse the historic home owner for the total amount of damage incurred.

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An Act to protect victims of coercive control

H1542

HD3411

{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T10:11:20.763'}

[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T10:11:20.7633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-04-21T11:23:36.2766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1542/DocumentHistoryActions

Bill

By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 1542) of Richard M. Haggerty relative to victims of coercive control. The Judiciary.

SECTION 1. (a) Section of 1 of Chapter 209A of the General Laws is hereby amended by inserting the following after subsection (c) in the definition of “Abuse”:- (d) coercive control (b) For the purposes of this section, the following words shall have the following meanings: "Coercive control" includes, but is not limited to, unreasonably engaging in-person or through the use of technology any of the following: (i) Isolating the family member, household member, or former partner from friends, relatives or other sources of support; (ii) Depriving the family member, household member, or former partner of basic necessities; (iii) Controlling, regulating or monitoring the family, household member, or former partner movements, communications, daily behavior, finances, economic resources or access to services; (iv) Compelling the family member, household member, or former partner by force, threat or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to (1) engage in conduct from which such family member, household member, or former partner has a right to abstain, or (2) abstain from conduct that such family member, household member, or former partner has a right to pursue; (v) Committing or threatening to commit cruelty to animals that intimidates the family member, household member, or former partner; or (vi) Forced sex acts, or threats of a sexual nature against the family member, household member, or former partner, including, but not limited to, threatened acts of sexual conduct, threats based on a person's sexuality or threats to release sexual images or videos. (vii) Intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of the family member, household member, or former partner (viii) Closely monitoring the family member, household member, or former partner activities, communications, and movements (ix) Threatening to publish information or make reports to the police or the authorities about the family member, household member, or former partner

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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]

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An Act protecting employee free speech

H1543

HD3500

{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-20T13:08:01.15'}

[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-20T13:08:01.15'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T06:36:15.3'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T09:21:05.4466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-09-06T08:03:43.0966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1543/DocumentHistoryActions

Bill

By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 1543) of James K. Hawkins and Patrick M. O'Connor relative to protecting free speech of employees. The Judiciary.

SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following definitions: "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization; and "Religious matters" means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. Section 2 Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section: Section 20F. Except as provided in subsections (c) and (d) of this section, any employer, including the state and any instrumentality or political subdivision thereof, who subjects or threatens to subject any employee to discipline or discharge on account of (1) the exercise by such employee of rights guaranteed by the first amendment to the United States Constitution, provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, or (2) such employee's refusal to (a) attend an employer-sponsored meeting with the employer or its agent, representative or designee, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, or (b) listen to speech or view communications, including electronic communications, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages, and for reasonable attorney's fees as part of the costs of any such action for damages, and the full amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. (c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of such legal requirement; (2) an employer or its agent, representative or designee from communicating to its employees any information that is necessary for such employees to perform their job duties; (3) an institution of higher education, or any agent, representative or designee of such institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia or an academic program at such institution; (4) casual conversations between employees or between an employee and an agent, representative or designee of an employer, provided participation in such conversations is not required; or (5) a requirement limited to the employer's managerial and supervisory employees. (d) The provisions of this section shall not apply to a religious corporation, entity, association, educational institution or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a, 46a- 81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution or society.

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An Act to clarify the charitable purposes of certain organizations

H1544

HD92

{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:10:25.393'}

[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:10:25.3933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:07:35.0166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:39:08.2133333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-06T14:27:40.93'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1544/DocumentHistoryActions

Bill

By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1544) of Christopher Hendricks and others for legislation to clarify the charitable purposes of certain organizations. The Judiciary.

Section 85K of Chapter 231 of the General Laws is hereby amended by striking out the first sentence of the first paragraph and inserting in place thereof the following sentence: It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust or association is or at the time the cause of action arose was a charity; provided, that if (a) the tort was committed in the course of any activity carried on to accomplish directly the charitable purposes of such corporation, trust or association, and such corporation, trust or association derives more than fifty percent of its income from charitable gifts or donations or (b) such charitable corporation, trust or association has been established primarily for religious purposes, then liability in any such cause of action shall not exceed the sum of twenty thousand dollars, exclusive of interest and costs.

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An Act to simplify the administrative aspect of evidentiary use of medical information

H1545

HD93

{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-04T17:01:49.597'}

[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-04T17:01:49.5966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:07:43.24'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:39:28.96'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1545/DocumentHistoryActions

Bill

By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1545) of Christopher Hendricks, Lindsay N. Sabadosa and Brian W. Murray relative to the use of medical information as evidence. The Judiciary.

Section 79G of Chapter 233 of the General Laws is hereby amended by striking the first paragraph and inserting in place thereof the following: In any proceeding commenced in any court, commission or agency, an itemized bill and reports, including hospital medical records, relating to a medical, dental, hospital services, prescriptions, or orthopedic appliances rendered to or prescribed for a person injured, or any report of any examination of said injured person, including, but not limited to hospital medical records subscribed and sworn to under the penalties of perjury by the physician, dentist, authorized agent of a hospital or health maintenance organization rendering such services, the authorized agent of a physician or dentist who provided treatment to the person, or by the pharmacist or retailer of orthopedic appliances or the authorized agent thereof, shall be admissible as evidence of the fair and reasonable charge for such services of the necessity of such services or treatments, the diagnosis of said physician or dentist, the prognosis of such physician or dentist, the opinion of such physician or dentist as to proximate cause of the condition so diagnosed, the opinion of such physician or dentist as to disability or incapacity, if any, proximately resulting from the condition so diagnosed; provided, however, that written notice of the intention to offer such bill or report as such evidence, together with a copy thereof, has been given to the opposing party or parties, or to his or their attorneys, by mailing the same by certified mail, return receipt requested, not less than ten days before the introduction of same into evidence, and that an affidavit of such notice and the return receipt is filed with the clerk of the court, agency or commission forthwith after said receipt has been returned. Nothing contained in this section shall be construed to limit the right of any party to the action to summon, at his own expense, such physician, dentist, pharmacist, retailer of orthopedic appliances or agent of such hospital or health maintenance organization or the records of such hospital or health maintenance organization for the purpose of cross examination with respect to such bill, record and report or to rebut the contents thereof, or for any other purpose, nor to limit the right of any party to the action or proceeding to summon any other person to testify in respect to such bill, record or report or for any other purpose.

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An Act establishing a bill of rights for survivors of sexual assault and related purposes

H1546

HD1307

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T12:42:36.877'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T12:42:36.8766667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T12:42:37.2033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T17:22:36.33'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T17:22:36.33'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-24T17:22:36.33'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:28:57.61'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:41:09.7233333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:30:34.8966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T12:09:02.5866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T10:32:19.3533333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-08T10:01:38.7166667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-29T12:13:04.7833333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-07T13:53:45.95'}]

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T12:42:36.877'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1546/DocumentHistoryActions

Bill

By Representatives Higgins of Leominster and Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1546) of Natalie M. Higgins, Tricia Farley-Bouvier and others for legislation to establish a bill of rights for survivors of sexual assault and related purposes. The Judiciary.

SECTION 1. Chapter 258F of the General Laws is hereby established by inserting after Chapter 258E the following chapter:- Chapter 258F. Bill of Rights for Survivors of Sexual Assault Section 1. Definitions As used in this chapter, the follow words shall have the following meanings, unless the context otherwise requires:- “Crime Laboratory”, the State Police Crime Laboratory or, for the crimes that occurred in the City of Boston, the Boston Crime Laboratory. “Law enforcement official”, any officer of a city, town, or regional police agency, or deputy sheriff of a country, or officer of the State Police. “Medical provider”, any qualified health care professional, hospital, other emergency medical facility, or other facility conducting a medical evidentiary or physical examination of the survivor. “Sexual assault forensic evidence”, “SAEC Kit”, or “kit”, any forensic medical, evidentiary, or physical examination of a victim of sexual assault, as provided for in section 97B of chapter 41, including both a sexual assault evidence collection kit and, when circumstances indicate the need, a toxicology kit. “Sexual assault counselor”, as defined in section 20J of chapter 233. “Sexual assault survivor”, “survivor”, any natural person who identifies as a victim of the crimes of rape, assault with intent to rape, or indecent assault and battery under sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, inclusive, of chapter 265, or the family member of such person if the victim is younger than 16 years of age, incompetent, or deceased, provided that in no instance does this include a family member identified by the victim as the perpetrator. Section 1. Attachment and duration of rights The rights provided to survivors in this chapter attach when a survivor seeks a medical evidentiary or physical examination, as provided in section 97B of chapter 41; and whenever a survivor is subject to an interview by a law enforcement official, prosecutor, or defense attorney. A survivor is under no obligation to report the crime to a law enforcement official or participate in a criminal prosecution of the assailant, and retains all the rights of this chapter regardless of whether a criminal report is made or made and at any point not pursued. A survivor of sexual assault is under no obligation to seek medical attention or have administered a rape kit, and retains all the rights of this chapter regardless of whether the survivor receives a medical examination or administration of a SAEC kit. Section 2. Right to a sexual assault counselor and a support person (a) A survivor has the right to consult with a sexual assault counselor during any medical evidentiary or physical examination, as well as the right to have a support person of the survivor’s choosing present; and during any interview by a law enforcement official, prosecutor, or defense attorney. A survivor retains this right even if the survivor has waived the right in a previous examination or interview. (b) As codified in section 20J of chapter 233, communications between a survivor and a sexual assault counselor are confidential and privileged, including information disclosed in the presence of any third persons during a medical evidentiary or physical examination or during any interview by a law enforcement official, prosecutor, or defense attorney. The presence of a sexual assault counselor does not operate to defeat any existing privilege otherwise guaranteed by law. (c) A survivor’s waiver of the right to a sexual assault counselor is privileged. (d) Notwithstanding any waiver of privilege, a survivor’s communications with a sexual assault counselor, or waiver of the right to a sexual assault counselor, shall not be admissible into evidence for any purpose except with the consent of the survivor. Section 3. Collection of sexual assault forensic evidence (a) No costs incurred by a medical provider for the medical evidentiary examination portion of the examination of a survivor shall be charged directly or indirectly to the survivor. (b) If the survivor of sexual assault is capable of becoming pregnant, whoever administers a SAEC kit must inform the survivor of their right to receive emergency contraception immediately at no cost to them. If a survivor elects to receive emergency contraception, the administering party must, within four hours of administering the kit, provide contraception at no cost or facilitate the provision of contraception at no cost. (c) Before a medical provider commences a medical evidentiary or physical examination of a survivor, the medical provider shall inform the survivor of the following: (i) the survivor’s rights pursuant to this act and other relevant law in a document to be developed by the Massachusetts Office of Victim Assistance, which shall be signed by the survivor of sexual assault to confirm receipt; (ii) the survivor’s right to consult with a sexual assault counselor, to be summoned by the medical provider before the commencement of the medical evidentiary or physical examination, and to have present at least one support person of the survivor’s choosing; (iii) if a sexual assault counselor and/or support person cannot be summoned in a timely manner, the ramifications of delaying the medical evidentiary or physical examination; and (iv) after the medical evidentiary or physical examination, the survivor’s right to shower at no cost, unless showering facilities are not available. Section 4. Interview with a law enforcement official, prosecutor, or defense attorney (a) Before commencing an interview of a survivor, a law enforcement official, prosecutor, or defense attorney shall inform the survivor of the following: (i) the survivor’s rights pursuant to this act and other relevant law by providing the survivor with a document to be developed by the Massachusetts Office of Victim Assistance, which document shall be signed by the survivor of sexual assault to confirm receipt; (ii) the survivor’s right to consult with a sexual assault counselor during any interview by a law enforcement official, prosecutor, or defense attorney, to be summoned by the interviewer before the commencement of the interview, unless no sexual assault counselor can be summoned in a reasonably timely manner; (iii) the survivor’s right to have a support person of the survivor’s choosing present during any interview by a law enforcement official, prosecutor, or defense attorney, unless the law enforcement official, prosecutor, or defense attorney determines in his or her good faith professional judgment that the presence of that individual would be detrimental to the purpose of the interview; and (iv) for interviews by a law enforcement official, the survivor’s right to be interviewed by a law enforcement official of the gender of the survivor’s choosing. If no law enforcement official of that gender is reasonably available, the survivor may be interviewed by an available law enforcement official only upon the survivor’s consent. (b) A law enforcement official, prosecutor, or defense attorney shall not, for any reason, discourage a survivor from receiving a medical evidentiary or physical examination. Section 5. Right to counsel A survivor retains the right to have counsel present during all stages of any medical examination, interview, investigation, or other interaction with representatives from the legal or criminal justice systems within the state as delineated in Section 4 and Section 5 of this bill. Treatment of the survivor should not be affected or altered in any way as a result of the survivor’s decision to exercise this right to have counsel present during any interaction with the legal or criminal justice systems within the state. Section 6. Analysis of sexual assault forensic evidence (a) A survivor has the right to prompt analysis of sexual assault forensic evidence. (i) A medical provider shall, upon conducting a medical evidentiary examination to collect sexual assault forensic evidence, inform the survivor that: (A) the sexual assault forensic evidence shall be transported to the crime laboratory and analyzed within 90 days, unless the survivor requests in writing at any time prior to analysis for the crime laboratory to defer analysis of the sexual assault forensic evidence; (B) the crime laboratory shall retain the sexual assault forensic evidence for a minimum of 15 years before it is destroyed, or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred; and (C) if the survivor has requested deferred analysis, as described in subsection (A), the survivor can request the crime laboratory to analyze the sexual assault forensic evidence at any later date before the expiration of the retention period defined in subsection (B). (ii) A medical provider who administers the SAEC Kit shall, within four hours of its administration, notify the law enforcement agency with jurisdiction under section 98 of chapter 41 over the location of the alleged assault. (iii) A law enforcement agency that receives notice under subsection (2) shall take possession of the sexual assault forensic evidence from the medical provider within 24 hours of receiving notification. Upon taking such possession, the law enforcement agency shall: (A) Submit it to the crime laboratory with all due speed upon receipt, but no later than 5 days; and assign a criminal complaint number to that evidence after receiving that notice; or, (B) If the law enforcement agency determines that it does not have jurisdiction over the alleged assault, it shall notify the law enforcement agency having proper jurisdiction of that fact within with all due speed, but no later than 5 days after taking possession of the sexual assault forensic evidence. After receiving such notice, the law enforcement agency having proper jurisdiction shall take possession of the sexual assault forensic evidence and submit it to the crime laboratory with all due speed, but no later than 5 days upon receipt. (iv) Any law enforcement agency that submits sexual assault forensic evidence to a crime laboratory shall, immediately following such submission, notify the survivor of the name, address, and telephone number of the crime laboratory. The law enforcement agency shall also notify the survivor of the information listed in subsection (1)(A) – (C) of this section. (v) A crime laboratory that receives sexual assault forensic evidence shall analyze that evidence and upload any available DNA profiles into CODIS, as provided under as provided under section 97B1/2 of chapter 41, within 90 days of receipt of that evidence, unless the survivor has requested in writing for the crime laboratory to defer analysis of that evidence. (vi) The failure of a law enforcement agency to take possession of any sexual assault forensic evidence as provided in this act or to submit that evidence for analysis within the time prescribed under this act does not alter the authority of a law enforcement agency to take possession of that evidence or to submit that evidence to the crime laboratory, and does not alter the authority of the crime laboratory to accept and analyze the evidence or to upload the DNA profile obtained from that evidence into CODIS. The failure to comply with the requirements of this act does not constitute grounds in any criminal or civil proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall not be excluded by a court on those grounds. (b) A crime laboratory shall retain all sexual assault forensic evidence for a minimum of 15 years; or until the alleged survivor reaches 40 years of age, if the survivor was a minor when the alleged assault occurred. (c) A survivor has the right to be informed, upon the survivor’s request, of the results of the analysis of the survivor’s sexual assault forensic evidence, whether the analysis yielded a DNA profile, and whether the analysis yielded a DNA match, either to the named perpetrator or to a suspect already in CODIS. The survivor has the right to receive this information through a secure and confidential message in writing from the Crime Laboratory. This message must include the telephone number of the Crime Laboratory so that the survivor can call regarding the results. (d) A defendant or person accused or convicted of a crime against a survivor shall have no standing to object to any failure to comply with this section, and the failure to provide a right or notice to a survivor under this section may not be used by a defendant to seek to have the conviction or sentence set aside. (e) A survivor of sexual assault has the right not to have the results of the rape kit used to prosecute the victim. No sexual assault forensic evidence shall be used: (1) to prosecute a survivor for any misdemeanor crimes or any crime defined under the Controlled Substances Act, chapter 94C; or (2) as a basis to search for further evidence of any unrelated misdemeanor crimes or any crime under Controlled Substances Act, chapter 94C, that may have been committed by the survivor. Section 7. Notice to survivors (a) Upon initial interaction with a survivor, a law enforcement officer or medical provider shall provide the survivor with a document to be developed by the Massachusetts Office of Victim Assistance that explains the rights of survivors, pursuant to this act and other relevant law, in clear language that is comprehensible to a person proficient in English at the fifth grade level, accessible to persons with visual disabilities, and available in all major languages of the state. This document shall include, but is not limited to: (i) a clear statement that a survivor is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain the rights provided by this chapter and other relevant law; (ii) telephone and internet means of contacting nearby rape crisis centers and sexual assault counselors; (iii) forms of law enforcement protection available to the survivor, including temporary protection orders, and the process to obtain such protection; (iv) instructions for requesting the results of the analysis of the survivor’s sexual assault forensic evidence; and (v) state and federal compensation funds for medical and other costs associated with the sexual assault; and information on any municipal, state, or federal right to restitution for survivors in the event of a criminal trial. (b) A law enforcement official shall, upon written request by a survivor, furnish [within [x] business days of receiving such request] a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency. (c) A prosecutor shall, upon written request by a survivor, provide (i) timely notice of any pretrial disposition of the case; (ii) timely notice of the final disposition of the case, including the conviction, sentence, and place and time of incarceration; (iii) timely notice of a convicted defendant’s location, including whenever the defendant receives a temporary, provisional, or final release from custody; escapes from custody; is moved from a secure facility to a less-secure facility; or re-enters custody; and (iv) a convicted defendant’s information on a sex offender registry, if any. Section 8. Creation of the Rights of Victims of Sexual Assault Task Force (a) There is hereby established a Rights of Victims of Sexual Assault Task Force, whose members shall serve without compensation. Notwithstanding any provision of section 6 of chapter 268A to the contrary, the task force shall be selected, unless otherwise indicated, and staffed by the Massachusetts Office of Victim Assistance (“MOVA”) and shall consist of: (i) the Executive Director of MOVA or their designee; (ii) a survivor who is a citizen or lawful resident of Massachusetts; (iii) two representatives of rape crisis centers, as defined by section 20J of chapter 233; (iv) the Superintendent of the Massachusetts State Police or his designee; (v) a law enforcement official working for a city or town police department; (vi) two representatives of Massachusetts-based colleges or universities whose occupational duties include the provision of direct services to survivors of sexual assault and whose employers are not under investigation by the Department of Education for alleged violations of the federal Clery Act or Title IX of the United States Education Amendment Act of 1972; (vii) two representatives of organizations that provide services, education, or outreach to communities of color or immigrant; (viii) a representative of an organization that provides services, education, or outreach to lesbian, gay, bisexual, and transgender individuals; (ix) a certified sexual assault nurse examiner; (x) a representative of the Crime Laboratory; (xi) other individuals or representatives selected by MOVA, with the total task force not to exceed 15 members. (b) The Task Force shall study nationally recognized best practices and make recommendations regarding: (i) the development and implementation of an effective mechanism for submitting, tracking, and investigating complaints regarding the handling of, or response to, a sexual assault report or investigation by any agency or organization involved in the response; (ii) whether a need exists for additional sexual assault counselors for survivors of sexual assault, and if such a need does exist, the Task Force shall: (A) develop criteria to certify sexual assault counselors; (B) create a plan for how the Commonwealth can provide, in conjunction with rape crisis centers, victims’ advocates organizations, and MOVA’s existing SAFEPLAN program, additional sexual assault counselors to meet the needs identified; and (C) determine the cost of funding such a plan; (iii) whether a need exists to expand the right to a sexual assault counselor beyond the medical examination and law enforcement interview settings, and if such a need does exist, the Task Force shall: (A) identify the scope and nature of the need; and (B) make recommendations on how best to fill that need, whether legislatively or otherwise; and (iv) whether a need exists to provide for ongoing evaluation of the implementation of these rights, and if such a need does exist, the Task Force shall: (A) identify the scope and nature of the need; and (B) make recommendations on how best to fill that need, whether legislatively or otherwise; and (v) whether there is an ongoing need to maintain the Task Force after it issues its final report, pursuant to subsection (e) of this section. (c) In fulfilling its requirements under subsection (b) of this chapter, the Task Force shall collect data regarding sexual assault reporting, arrest, prosecution rates, access to sexual assault victims services, and any other data important for its deliberations and recommendations. If such data does not exist, then the Task Force shall encourage its creation and maintenance by MOVA. (d) In fulfilling its requirements under subsection (b) of this chapter, the Task Force shall collect feedback from stakeholders, practitioners, and leadership throughout the state and local law enforcement, victim services, forensic science practitioners, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of survivors. (e) No later than 18 months after passage of this Act, the Task Force shall produce a report that includes the result of the assessments, developments, and recommendations completed pursuant to subsections (b), (c), and (d) of this section. This Task Force shall transmit the report to the legislature, the Governor, the Attorney General, the Superintendent of the Massachusetts State Police, and victims’ advocates organizations and rape crisis centers. (f) This Task Force shall be reconvened on an ongoing basis every 5 years in perpetuity, or until it is determined that all rights contained within this bill have been effectively implemented to ensure the rights of all survivors in Massachusetts. A determination of effective implementation of the rights contained in this act such that the Task Force is no longer needed shall only be made by a majority vote of the current members of the Task Force at the completion of their duties as delineated in subsections (b), (c), and (d) of this section. (g) In undertaking its duties, the Task Force shall be empowered to retain independent experts who may: (1) request files and records from any law enforcement official, but all such information shall be kept strictly confidential and reported on only as aggregated or anonymized; (2) conduct confidential interviews with law enforcement officials, medical providers, sexual assault counselors, and others with direct knowledge of the sexual assault response process; and (3) within the bounds of confidentiality, provide advice and recommendations to the Task Force. SECTION 2. Section 20J of chapter 233 is hereby amended by: (a) adding the following two new sentences between the current second sentence defining “Sexual assault cousnelor” and the current thrid sentence defining “Victim”:- “Victim’s rights organization”, an organization or association that works to support survivors of sexual assault and is certified as such by the Massachusetts Office of Victim Assistance, which shall develop criteria for certifying victim’s rights organizations and maintain a public listing of victim’s rights organizations. “Victim’s Advocate”, a person who is a psychologist, social worker, employee, or volunteer with a victim’s rights organizations and who has been certified as a victim’s advocate by the Massachusetts Office of Victim Assistance, which shall develop criteria for training, certifying, and maintaining certification of victim’s advocates and maintain a public listing of victim’s advocates. (b) Deleting the fourth sentence defining “Confidential communication” and replacing it as follows:- “Confidential communication”, information transmitted in confidence by and between a survivor of sexual assault and a sexual assault counselor or by and between a survivor of sexual assault and a victim’s advocate by a means that does not disclose the information to a person other than a person present for the benefit of the survivor, or to those to whom disclosure of such information is reasonably necessary to the counselor and assisting of such survivor. The term includes all information received by the sexual assault counselor or victim’s advocate that arises out of and in the course of such counseling or advocating, including, but not limited to reports, records, working papers, or memoranda. (c) Deleting the current fifth sentence, which begins “A sexual assault counselor shall not disclose…,” and replacing it as follows:- Sexual assault counselors and victim’s advocates shall not disclose such confidential communication without the prior written consent of the survivor; provided, however, that nothing in this chapter shall be construed to limit the defendant’s right of cross-examination of such counselor in a civil or criminal proceeding if such counselor testifies with such written consent. No existing forms of privilege under Massachusetts law are waived by the presence of a victim’s advocate or sexual assault counselor or by communications with the victim’s advocate, sexual assault counselor, or victim’s rights organization. This extends to all records kept thereby. SECTION 3. Sections 1 and 2 shall take effect upon their passage.

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An Act to improve protections relative to domestic violence

H1547

HD1844

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Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-08T14:58:02.8933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-05-25T19:26:05.43'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-05-25T19:26:05.43'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-06-07T13:53:14.6666667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-06-08T08:20:39.21'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-06-21T09:38:30.72'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-06-27T08:25:14.1666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-30T15:27:32.7866667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-07-10T16:00:09.63'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-07-14T13:52:12.6166667'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-07-27T14:19:59.6233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-27T14:19:59.6233333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-07-27T14:19:59.6233333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-07-27T14:19:59.6233333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-08-30T14:27:59.32'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-07T10:16:45.59'}]

{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T19:18:34.21'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1547/DocumentHistoryActions

Bill

By Representatives Higgins of Leominster and Nguyen of Andover, a petition (accompanied by bill, House, No. 1547) of Natalie M. Higgins, Tram T. Nguyen and others relative to domestic violence protections. The Judiciary.

SECTION 1. (a) For the purposes of this section, the following words shall have the following meanings: “Coercive control”, for purposes of this chapter, coercive control is a pattern of conduct that has the purpose or effect of substantially restricting an individual’s safety or autonomy through intimidation, isolation, implicit or explicit threats, or by compelling compliance. Conduct undertaken by an individual to protect themselves or their children from the risk of present or future harm does not constitute coercive control. Examples of coercive control include: (i) Isolating the other parent from friends, relatives, faith, cultural, or linguistic communities, employment, education, or other support networks; (ii) Repeatedly humiliating or using degrading language or behaviors towards the petitioner; (iii) Controlling, regulating, or monitoring the individual’s activities, communications, movements, finances, economic resources, or access to resources; (iv) Threatening to harm, abduct or kill the individual or a child or relative of the individual; (v) Threatening to publish information or make false reports to the police or the authorities; (vi) Damaging property or household goods; (vii) Forcing the individual to take part in criminal activity; (viii) Committing or threatening to commit cruelty or abuse to animals connected to the family; (ix) Using repeated court actions not warranted by existing law or good faith argument to harass, coerce, or control the other party, diminish or exhaust the other party’s financial resources, or compromise the other party’s employment or housing; (x) Cleaning, accessing, displaying, using, or wearing a firearm in an intimidating or threatening manner; and (xi) Threatening deportation or to contact local or federal agencies based on actual or perceived immigration status, refusing to file immigration applications, refusing to sponsor, withholding essential documents needed for immigration applications, or threatening to withdraw immigration applications filed on the other parent’s or child’s behalf or coercing or forcing the other parent to violate the terms of their immigration visa. “Technological abuse”, an act or pattern of behavior intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, or extort, such as cyberstalking or other forms of electronic monitoring or surveillance, nonconsensual sharing of explicit images, or impersonation. Technological abuse can utilize any form of technology, including but not limited to Internet, social networking sites, computers, mobile devices, cellular telephones, apps, location tracking devices, instant messages, text messages, and other forms of technology. (b) Section 1 of Chapter 209A of the General Laws is hereby amended by inserting the following after subsection (c) in the definition of “abuse”:- (d) coercive control (e) technological abuse. SECTION 2. The fourth sentence of Section 63 of ch. 277 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “sections” the following words:- 13A, 13M

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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]

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An Act relative to preventing suicide

H1548

HD742

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:01:12.843'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:01:12.8433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:56:09.4566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1548/DocumentHistoryActions

Bill

By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1548) of Natalie M. Higgins and James K. Hawkins relative to preventing suicide. The Judiciary.

Chapter 265 of the General Laws is hereby amended by inserting after section 16 the following section:- Section 16A. (a) For the purposes of this section, the following words shall have the following meanings: “Suicide”, death caused by self-directed injurious behavior with intent to die as a result of the behavior. “Suicide attempt”, a non-fatal, self-directed, potentially injurious behavior with intent to die as a result of the behavior, regardless of whether the behavior actually results in physical injury. “Suicidal ideation”, thinking about, considering, or planning suicide. “Knowledge of suicidal ideation”, actual knowledge of prior attempts to die from suicide; of a person’s planned methods to die from suicide; that a person intends to die from or attempt to die from suicide; or that a person has expressed such suicidal inclinations. (b) A person shall be punished by imprisonment in the state prison for not more than 5 years if they know of another person’s propensity for suicidal ideation and either: (1) (i) Exercise substantial control over the other person through control of the other person’s physical location or circumstances; deceptive or fraudulent manipulation of the other person’s fears, affections, or sympathies; or undue influence whereby the will of 1 person is substituted for the wishes of another; (ii) intentionally coerces or encourages that person to commit or attempt to commit suicide; and (iii) as a result of the coercion or encouragement, in whole or in part, that other person commits or attempts to commit suicide; or (2) (i) Intentionally provides the physical means, or knowledge of such means, to the other person for the purpose of enabling that other person to commit or attempt to commit suicide and, as a result, the other person commits or attempts to commit suicide; or (ii) participates in a physical act which causes, aids, encourages or assists the other person in committing or attempting to commit suicide. (c) This section shall not apply to a medical treatment lawfully administered by, or in a manner prescribed by, a licensed physician.

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An Act relative to mortgage discharge by out-of-state mortgagees

H1549

HD758

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:17:48.8'}

[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T12:17:48.8'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1549/DocumentHistoryActions

Bill

By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1549) of Natalie M. Higgins relative to mortgage discharge by out-of-state mortgagees. The Judiciary.

Section 55 of chapter 183 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- (l) The provisions of this section shall apply to any mortgagee, mortgage servicer or note holder whether they are a resident of the commonwealth or not.

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An Act to assure quality foster care

H155

HD287

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:32:21.947'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:32:21.9466667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-04T11:39:49.9433333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-03-13T16:56:01.61'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T07:49:24.1633333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T15:07:11.9933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:02:46.02'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:33:10.0666667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:26:34.03'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-20T10:07:40.5233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-03T14:03:28.49'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-03T19:05:04.7166667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T10:24:37.71'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T00:58:21.4633333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:08:25.2433333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T16:32:31.2266667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:05:29.7533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H155/DocumentHistoryActions

Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 155) of Tricia Farley-Bouvier and others relative to making foster parents public employees and providing them with certain collective bargaining rights. Children, Families and Persons with Disabilities.

Section 1. Section 23 of chapter 119 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new sub-section (j): (1) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Employee organization,” an employee organization as defined in section 1 of chapter 150E. “Foster Parent,” a person authorized or licensed by the Department of Children and Families to provide foster care or pre-adoptive care to children in the care or custody of the Department of Children and Families or a former foster parent who receives a post-adoptive subsidy from said department. (2) The department shall, subject to appropriation and notwithstanding any general or special law to the contrary, assure quality foster care provided to children placed with foster parents and families by working cooperatively with foster parents to build upon the existing system and continuously improve the provision of high quality foster care through foster parents who have the requisite qualifications, supports, and training. (3) Foster parents shall be considered public employees, as defined by and solely for the purposes of Chapter 150E, sections 17A and 17J of chapter 180, section 10B of chapter 66 and clause 26(o) of section 7 of chapter 4. Said chapter 150E, including subsection (c) of section 7, shall apply to foster parents except to the extent that chapter 150E is inconsistent with this section, in which case this section shall control. Foster parents shall not be considered public employees or state employees for any purpose other than those set forth in this section. The department, acting through the commissioner, shall be the employer, solely for the purposes of said chapter 150E, said sections 17A and 17J of said chapter 180, and said section 10B of chapter 66. Foster parents shall not be eligible for benefits through the group insurance commission, the state board of retirement or the state employee workers’ compensation program. (4) Consistent with section 9A of said chapter 150E, no foster parent shall engage in a strike and no foster parent shall induce, encourage or condone any strike, work stoppage, slowdown or withholding of services by any foster parent. (5) The only appropriate bargaining unit for foster parents shall consist of all foster parents in the commonwealth who are on the most current list of authorized or licensed foster parents which shall be provided by the commissioner. (6) An employee organization seeking to represent foster parents shall file with the department of labor relations under section 4 of said chapter 150E. (7) The mandatory subjects, as to which the department and an employee organization certified by the department of labor relations as the bargaining representative of foster parents shall bargain, shall include, but not be limited to, the responsibilities of the foster parents, the responsibilities of the department to the foster parents, developing and encouraging greater education and training opportunities for foster parents, improving recruitment and retention of qualified foster parents, payment rates, rate structures and payment and reimbursement procedures for foster care, supplemental reimbursements for medical or other specialized care, service as educational surrogate parents, attendance at court hearings and foster care review meetings, costs of insurance and reimbursement for property losses caused by children in the care and custody of the department, reimbursement for expenses associated with extra-curricular and social activities, access to training, professional consultation and support, including but not limited to special education, mental and behavioral health, expansion of and access to respite care, foster parent participation in the development of service plans for children in the care and custody of the department, procedures for notice and information regarding placement and service plan changes, and dispute resolution procedures. (8) Nothing in this section shall modify any right of the department to decide to place or remove a child from the home of a foster parent or the rights of foster parents to appeal and review pursuant to the Department’s Grievance and Fair Hearing Procedures, 110 CMR 10. (9) Nothing in this section shall alter or abridge the department’s statutory rights and responsibilities to license foster parents, visit, inspect and monitor foster homes, or to suspend, revoke, sanction or take any other action against a foster parent’s license in furtherance of this chapter or in furtherance of the department’s regulations promulgated in this regard. The collective bargaining process and the grievance procedures described in said chapter 150E, shall not apply to the department’s statutory and regulatory licensing, monitoring and enforcement functions. (10) To the extent provisions in written agreements between the department and foster parents are inconsistent with the terms of agreements collectively bargained pursuant to this section, the terms of the collectively bargained agreement shall control. (11) Collective bargaining and related activity by foster parents, as authorized under this section, shall qualify for the state action exemption to the federal anti-trust laws. Section 2. The first paragraph of subsection (c) of section 7 of chapter 150E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word providers, as appearing in line 5, the following words:-,” the department of children and families with regard to bargaining with foster parents.” Section 3. Subsection (j) of section 23 of Chapter 119 of the General Laws, as appearing in section 1, shall take effect upon passage of this act.

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An Act criminalizing sexual assault by fraud of a medical professional

H1550

HD3328

{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:11:00.88'}

[{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:11:00.88'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1550/DocumentHistoryActions

Bill

By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1550) of Kate Hogan relative to the penalty imposed for the crime of sexual assault by fraud of medical professionals. The Judiciary.

SECTION 1. Chapter 265 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting after Section 13H the following section:- Section 13H½. Sexual Misconduct on a Patient or Client by a Medical Professional (a) A person who is, or holds themselves out to be, a medical or health care professional, and who commits an indecent assault and battery on a patient or client during the course of diagnosis, counseling, or treatment, where consent to the act was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction. (b) Definition. As used in this section, the following words shall have the following meaning: “Medical or health care professional” refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists. SECTION 2. Said Chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after Section 22C the following section:- Section 22D: Rape on a Patient or Client by a Medical Professional (a) A person who is, or holds themselves out to be, a medical or health care professional, and who knowingly induces a patient or client to engage in natural or unnatural sexual intercourse during the course of diagnosis, counseling, or treatment, where consent to the intercourse was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than 20 years. (b) Definition. As used in this section, the following words shall have the following meaning: Medical or health care professional refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists. SECTION 3. Section 63 of Chapter 277 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 27, the word “13H” and inserting in place thereof the following words:- 13H, 13H ½. SECTION 4. Said Chapter 277 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “22A” and inserting in place thereof the following words:- 22A, 22D.

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An Act to protect victims of stalking in violation of harassment prevention orders

H1551

HD3332

{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:02:32.96'}

[{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-18T15:02:32.96'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-21T14:57:42.82'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1551/DocumentHistoryActions

Bill

By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 1551) of Kate Hogan for legislation to protect victims of stalking in violation of harassment prevention orders. The Judiciary.

Section 1. Section 43 of Chapter 265 as appearing in the official 2016 edition of the General Laws is amended by inserting, in subsection (b), line __, after the words “. . . of chapter two hundred and nine C,” the words “or sections three, five, or six of chapter two hundred and fifty-eight E,” the inserted words to be preceded by a semicolon.

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An Act designating the Charlestown division of Boston Municipal Court as the George Lewis Ruffin Courthouse

H1552

HD3221

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:04:12.28'}

[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:04:12.28'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1552/DocumentHistoryActions

Bill

By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1552) of Russell E. Holmes for legislation to designate the Charlestown division of Boston Municipal Court as the George Lewis Ruffin courthouse. The Judiciary.

The Charlestown District courthouse in the city of Charlestown shall be designated and known as the George Lewis Ruffin Courthouse in honor of the honorable George Lewis Ruffin, the first African American to graduate from Harvard Law School, first African American to serve on the Boston City Council, elected to the Massachusetts Legislature in 1870, and the first African American Judge in the United States that was appointed in 1883 and served in the Charlestown District Court, for his many contributions to the judiciary, the bar and the people of the city of Boston. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with the standards of the division

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An Act restoring the furlough program for incarcerated persons

H1553

HD3237

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:11:20.38'}

[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:11:20.38'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T13:16:28.4366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1553/DocumentHistoryActions

Bill

By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1553) of Russell E. Holmes and Michelle M. DuBois relative to furlough programs for incarcerated persons. The Judiciary.

SECTION 1. Chapter 127 of the General Laws is hereby amended by striking out section 90A and inserting in place thereof the following section:- Section 90A. (a) The commissioner may extend the limits of the place of confinement of a committed offender at any state correctional facility by authorizing such committed offender under prescribed conditions to be away from such correctional facility but within the commonwealth for a specified period of time, not to exceed 14 days during any 12 month period nor more than 7 days at any one time. (b) Such authorization may be granted for any of the following purposes: (i) to attend the funeral of a relative; (ii) to visit a critically ill relative; (iii) to obtain medical, psychiatric, psychological or other social services when adequate services are not available at the facility and cannot be obtained by temporary placement in a hospital under sections one hundred and seventeen, one hundred and seventeen A, and one hundred and eighteen; (iv) to contact prospective employers; (v) to secure a suitable residence for use upon release on parole or discharge; (vi) for any other reason consistent with the reintegration of a committed offender into the community. For the purposes of this section the word “relative” shall mean the committed offender’s father, mother, child, brother, sister, husband or wife and, if the committed offender’s grandparent, uncle, aunt or foster parent acted as the committed offender’s parent in rearing such committed offender, it shall also mean such grandparent, uncle, aunt or foster parent. (c) A committed offender who is serving a life sentence or a sentence in a state correctional facility for violation of section thirteen, thirteen B, 13B ½, 13B ¾, fourteen, fifteen, fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B, twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen, thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an attempt to commit any crime referred to in said sections may be eligible for such authorization pursuant to subsections (a) and (b) upon the recommendation of the superintendent on behalf of a particular committed offender and upon the approval of the commissioner. The administrator of a county correctional facility may grant like authorization to a committed offender in such facility. (d) A person away from a correctional facility pursuant to this section may be accompanied by an employee of the department, in the discretion of the commissioner, or an officer of a county correctional facility, in the discretion of the administrator. (e) Any expenses incurred under the provisions of this section may be paid by the correctional facility in which the committed offender is committed. A committed offender shall, during the committed offender’s absence from a correctional facility under this section, be considered as in the custody of the correctional facility and the time of such absence shall be considered as part of the term of sentence. SECTION 2. Said chapter 127 is hereby further amended by striking out sections 83A and 83B and inserting in place thereof the following 2 sections:- Section 83A. The commissioner is hereby authorized to establish, on land under the control of the department of environmental management or of the metropolitan district commission and upon sites approved by the commissioner of conservation and recreation, camps to which male prisoners, including male prisoners sentenced to life who have served 8 years may be removed for employment, as designated and approved by the commissioner of conservation and recreation, in reforestation, maintenance and development of state forests, who have shown by their conduct and disposition that they would be amenable to less rigorous discipline and would benefit from work in the open air; provided, however, that only one such camp may be established on land within the urban parks district. Before any site for any such camp shall be approved, a public hearing shall be held by the commissioner of conservation and recreation, in a city or town situated within a radius of ten miles of the proposed site. Section 83B. The commissioner may remove to any camp so established any prisoner held in a correctional institution of the commonwealth except the Massachusetts Correctional Institution, Framingham, and sentenced prisoners in jails and houses of correction, including male prisoners sentenced to life who have served 8 years, except a prisoner serving a sentence imposed for violation of sections twenty-two, 22A, 22B, 22C, twenty-three, 23A, 23B and twenty-four of chapter two hundred and sixty-five and for attempt to commit a crime referred to in said sections, who, in his judgment, may properly be so removed and may at any time return such prisoners to the prison from whence removed. Prisoners so removed shall be entitled to a permit to be at liberty as provided under the provisions of sections 128 and 133 of chapter 127. If a prisoner escapes or attempts to escape from a prison camp all deductions from the sentence he is then serving shall be thereby forfeited. A prisoner who is entitled to have the term of his imprisonment reduced shall receive from the parole board a certificate of discharge and shall be released from the prison camp on the date which has been determined by such additional deduction from the maximum term of his sentence or sentences. SECTION 3. Said chapter 127 is hereby further amended by striking out section 97 and inserting in place thereof the following section:- Section 97. The commissioner may transfer any sentenced prisoner from one correctional institution of the commonwealth to another, and with the approval of the sheriff of the county from any such institution except a prisoner who has not served at least 8 years of a life sentence to any jail or house of correction, or a sentenced prisoner from any jail or house of correction to any such institution except the Massachusetts Correctional Institution, Cedar Junction, or from any jail or house of correction to any other jail or house of correction. Prisoners so removed shall be subject to the terms of their original sentences and to the provisions of law governing parole from the correctional institutions of the commonwealth.

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An Act reforming juvenile offender law

H1554

HD3241

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:03.763'}

[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:03.7633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1554/DocumentHistoryActions

Bill

By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1554) of Russell E. Holmes relative to the juvenile offender law. The Judiciary.

SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 5 and 15, the figure “18” and inserting in place thereof, in each instance, the following figure:- 19. SECTION 2. Said chapter 119, as so appearing, is hereby further amended by striking out section 72B and inserting in place thereof the following section:– Section 72B. If a person is found guilty of murder in the first degree committed on or after his sixteenth birthday and before his nineteenth birthday under the provisions of section 1 of chapter 265, the superior court shall commit the person to such punishment as is provided by law for the offense. Said person shall be afforded a meaningful opportunity to obtain release on parole based on demonstrated maturity and rehabilitation and in accordance with the provisions of law governing the granting of parole permits by the parole board. If a person is found guilty of murder in the second degree committed on or after his sixteenth birthday and before his nineteenth birthday under the provisions of section 1 of chapter 265, the superior court shall commit the person to such punishment as is provided by law. Said person shall be eligible for parole under section 133A of chapter 127 when such person has served 15 years of said confinement. Said person shall be afforded a meaningful opportunity to obtain release on parole based on demonstrated maturity and rehabilitation and in accordance with the provisions of law governing the granting of parole permits by the parole board. If a person is alleged to have committed murder in the first or second degree under the provisions of section 1 of chapter 265 after having attained the age of 14 but before attaining the age of 16, the superior court shall forthwith transfer the proceeding to the juvenile court where the minor shall be subject to the provisions of section 58 of chapter 119. The superior court shall not suspend the commitment of a person found guilty of murder in the first or second degree, nor shall the provisions of section 129C or 129D of chapter 127 apply to such commitment. In all cases where a person is alleged to have violated section 1 of chapter 265, the person shall have the right to an indictment proceeding under section 4 of chapter 263. A person who is found guilty of murder and is sentenced to a state prison but who has not yet reached his eighteenth birthday shall be held in a youthful offender unit separate from the general population of adult prisoners; provided, however, that such person shall be classified at a facility other than the reception and diagnostic center at the Massachusetts Correctional Institution, Concord, and shall not be held at the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday. The department of correction shall not limit access to programming and treatment including, but not limited to, education, substance abuse, anger management and vocational training for youthful offenders, as defined in section 52, solely because of their crimes or the duration of their incarcerations. If the youthful offender qualifies for placement in a minimum security correctional facility based on objective measures determined by the department, the placement shall not be categorically barred based on a life sentence. The placement shall be barred for a qualifying youthful offender only if the prisoner meets 1 or more of the following objective criteria: (i) more than 5 years to his or her earliest release date; (ii) outstanding legal issues; (iii) possible civil commitment; (iv) pending immigration detainer or deportation; (v) pending disciplinary report; (vi) investigative hold; or (vii) documented on-going STG involvement. If a defendant is not found guilty of murder in the first or second degree, but is found guilty of a lesser included offense or a criminal offense properly joined under Massachusetts Rules of Criminal Procedure 9(a)(1), then the superior court shall make its disposition in accordance with section 58. Any person who has attained the age of 14 but has not yet attained the age of 16 who is alleged to have committed murder, as described in section 2 of chapter 265, shall be prosecuted as a youthful offender pursuant to section 58 and subject to the penalties outlined therein. SECTION 3. Subsection (f) of section 15 of chapter 123 of the General Laws is hereby repealed. SECTION 4. Said chapter 123, as appearing in the 2018 Official Edition, is hereby further amended by inserting after section 15 the following section:- Section 15A. (a) The provisions of this section shall apply to any juvenile delinquency, youthful offender, or murder proceeding where the juvenile’s adjudicative competence is raised as an issue by any party or sua sponte by the court at any time in the proceeding against the juvenile. Once an issue of the juvenile’s adjudicative competence is raised, the proceeding shall be stayed until the court makes a determination regarding the competence of the juvenile pursuant to the following provisions. (b) As used in this section, the following words and phrases shall have the following meanings: “Juvenile”, any person who is under the age of 19 at the time of arraignment on the charge before the court. “Competence”, a legally competent youth means the person has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and has a rational as well as factual understanding of the proceedings against him. “Rebuttable presumption”, a presumption that all children under the age of 13 are not legally competent. The commonwealth may overcome the presumption by proving by a preponderance of the evidence that the child is competent. “Causes of incompetence”, may include: cognitive disability such as mental retardation, learning disability or other neurological disease or defect; psychiatric disease or disability; physical disease or disability; developmental disability such as autism, pervasive developmental disorder or other similar condition; developmental immaturity or young age; any other relevant condition or circumstance contributing to any current impairment in the juvenile’s competence to proceed. “Burden of proof”, whenever the issue of competence is raised, the commonwealth shall bear the burden to prove by a preponderance of the evidence that the juvenile is competent. “Qualified examiner”, a psychiatrist or psychologist who is qualified by training and experience in the clinical and forensic evaluation of juveniles. (c) Whenever a court of competent jurisdiction finds that a reasonable basis exists for doubt about a youth’s competence, the court shall order an evaluation of the youth by 1 or more qualified examiners. The court shall direct that the examiner be provided any information or materials likely to be relevant to the evaluation and determination of the issue of competence including, but not limited to, charging documents, arrest of incident reports, juvenile criminal history information, prior mental health evaluations, special education evaluations and individual education plans. The evaluation shall be performed in the least restrictive environment and any juvenile otherwise entitled to release or bail shall not be held in a place of detention solely for the purposes of conducting the evaluation. Upon an order for an evaluation, all proceedings shall be stayed and the period of delay until the youth is determined legally competent shall constitute an exclusion from any speedy trial provision. Upon completion of the evaluation, the examiner shall promptly and in no event exceeding 14 days after receipt of all required information, submit a report in writing to the court and the attorneys of record concerning the youth’s competence. If the court appointed evaluator reports that the youth lacks the capacities associated with competence, the report shall address, with specificity, the following: (i) the youth’s capacity to understand the proceedings against him or her; (ii) his or her ability to assist the attorney in the preparation of a defense; (iii) the causes of incompetence; (iv) the likelihood that he or she shall attain competency in the foreseeable future; and (v) a description of suggested services, supports or other interventions to assist the youth in the attainment or restoration of competency. No statement or disclosure of the youth concerning the alleged offense made during a evaluation shall be included in the report or used against the youth at trial, adjudication or disposition hearings as evidence or as a basis for such evidence. Upon receipt of the report, the court shall promptly schedule a hearing on the issue of competence. If the attorneys of record stipulate to the findings of the qualified examiner and jointly waive the hearing, and if the court concurs, a finding as to the youth’s competence to stand trial shall be entered into the record. If either party or the court wishes to proceed to a hearing, the court shall promptly conduct an evidentiary hearing on the matter no later than fourteen days after the filing of the report. The commonwealth shall bear the burden of proving by a preponderance of the evidence that the youth is competent. Upon completion of the hearing, the court shall make a determination on the issue of competence. If the court finds the youth incompetent, the court shall make findings as to whether there is substantial probability that the youth will attain competence in the foreseeable future and the findings shall be entered into the record. If the court is satisfied that the youth is competent to stand trial, the case shall continue according to the usual course of proceedings. If the court finds the youth incompetent, the case shall be stayed until such time as the juvenile becomes competent to stand trial, unless the case is dismissed. (d) If the court determines that the youth is incompetent, but there is a substantial probability that he or she will attain or be restored to competence in the foreseeable future, the court shall stay the proceedings and order the youth to receive services designed to achieve competence based on the recommendations made by the qualified examiner in the competency evaluation. The court shall order the services be provided in the least restrictive setting and the court shall review the youth’s progress toward competence every 180 days. No statement or disclosure of the youth concerning the alleged offense made during the receipt of services shall be included in any report or used against the youth at trial, adjudication or disposition hearings as evidence or as a basis for such evidence. (e) If the youth was charged with a misdemeanor, and still has not achieved competence at the end of 180 days, the court shall dismiss the case with prejudice and, if appropriate, be deemed to have accepted an application pursuant to section 39E of chapter 119 or initiate civil commitment proceedings pursuant to chapter 123. (f) If the youth was charged with a felony, and still has not achieved competence at the end of 2 years following the finding of incompetence, and there is no substantial evidence that the youth will attain competence within a year, the court shall dismiss the case with prejudice and shall initiate civil commitment proceedings if appropriate. (g) If the youth is charged with murder, the court may retain jurisdiction for up to 5 years or until the juvenile reaches the age of 21. The court may order update examinations of the youth by a qualified examiner every 6 months during the period of oversight. If at the end of this time period, the youth has not attained competence, the court shall dismiss the case with prejudice and shall initiate civil commitment proceedings if appropriate. (h) If the court determines that the youth is incompetent and will not attain or be restored to competence in the foreseeable future, the court shall: (i) in a case where the most serious charge is a misdemeanor dismiss the case with prejudice and, if appropriate, be deemed to have accepted an application pursuant to section 39E of chapter 119 or initiate civil commitment proceedings pursuant to chapter 123; (ii) where the most serious charge is a felony, dismiss the case with prejudice unless the court makes specific findings of good cause to retain jurisdiction. However, in no case shall the court’s jurisdiction extend beyond the juvenile’s twenty-first birthday. If appropriate, the court shall initiate civil commitment proceedings pursuant to chapter 123. SECTION 5. Chapter 127 of the General Laws is hereby amended by striking out section 130 and inserting in place thereof the following section:- Section 130. A parole permit shall be granted at a prisoner’s first parole eligibility and at any subsequent review hearing, unless the board determines by clear and convincing evidence that, if the prisoner is released with appropriate conditions and community supervision, the prisoner will not live and remain at liberty without violating the law. If the prisoner was convicted of murder in the first or second degree for a crime committed while under the age of 19, the board shall give substantial weight to the prisoner’s diminished culpability at the time of the crime and his subsequent demonstrated maturity and rehabilitation. The parole board shall make this determination based on the findings of validated risk assessment tools, the prisoner’s participation in available work opportunities, educational opportunities and treatment programs, and the prisoner’s demonstrated good behavior. The board shall consider whether risk reduction programs, made available through collaboration with criminal justice agencies, and other aspects of the prisoner’s parole plan would minimize the probability of the prisoner’s offending once released. The board shall issue its written decision no later than 90 days from the date of the hearing. Any record of decision denying parole shall specify in detail, and not in conclusory terms, the reasons why denial was appropriate in light of the findings of the validated risk assessment tool, and shall identify the particular tasks the applicant must complete prior to the next parole hearing in order to gain parole. Any minority or dissenting opinions shall be included in the record of decision. If such permit is not granted, a subsequent review shall occur no later than 5 years from the date of the hearing if the prisoner was over age 19 at the time of the crime, and no later than 3 years from the date of the hearing if the prisoner was under age 18 at the time of the crime.

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An Act establishing an internet bill of rights

H1555

HD3245

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:39.127'}

[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:39.1266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1555/DocumentHistoryActions

Bill

By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1555) of Russell E. Holmes relative to providing for protections in the processing of personal data and the free movement of personal data. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 93L the following chapter:- Chapter 93M Internet Bill of Rights Section 1. As used in this chapter the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Binding corporate rules”, personal data protection policies adhered to by a controller or processor established in the commonwealth for transfers or a set of transfers of personal data to a controller or processor in 1 or more locations outside the commonwealth within a group of undertakings, or group of enterprises engaged in a joint economic activity. “Biometric data”, personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person that allows or confirms the unique identification of the natural person, such as facial images or dactyloscopic data. “Consent”, any freely given, specific, informed and unambiguous indication of a data subject's wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to the data subject. “Controller”, the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; provided, that where the purposes and means of processing are determined by general or special law, the controller or the specific criteria for its nomination may be provided for by general or special law. “Cross-border processing”, either: (i) processing of personal data that takes place in the context of the activities of establishments in the commonwealth and 1 or more locations outside the commonwealth of a controller or processor in the commonwealth where the controller or processor is established in the commonwealth and 1 or more locations outside the commonwealth; or (ii) processing of personal data that takes place in the context of the activities of a single establishment of a controller or processor in the commonwealth but which substantially affects or is likely to substantially affect data subjects in the commonwealth and 1 or more locations outside the commonwealth. “Data concerning health”, personal data related to the physical or mental health of a natural person, including the provision of health care services, that reveals information about the person’s health status. “Data subject”, an identified or identifiable natural person. “Enterprise”, a natural or legal person engaged in an economic activity, irrespective of the person’s legal form, including partnerships or associations regularly engaged in an economic activity. “Filing system”, any structured set of personal data that is accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis. “Foreign destination”, another state, a foreign country, a territory of the United States or a foreign country or an organization located outside the commonwealth. “Genetic data”, personal data relating to the inherited or acquired genetic characteristics of a natural person that gives unique information about the physiology or the health of the natural person and which result, in particular, from an analysis of a biological sample from the natural person. “Group of undertakings”, a controlling undertaking and its controlled undertakings. “Identifiable natural person”, a natural person who may be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to 1 or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Information society service”, any service normally provided for remuneration, without the parties being simultaneously present, by electronic means and at the individual request of a recipient of services. A service shall be deemed provided by electronic means if the service is sent initially and received at the service’s destination by means of electronic equipment for the processing, including digital compression, and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means. “International organization”, an organization and the organization’s subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between 2 or more countries. “Joint controllers”, 2 or more controllers that jointly determine the purposes and means of processing. “Main establishment”, the place of a controller or processor’s central administration in the commonwealth; provided, however, that if the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the commonwealth and the latter establishment has the power to have such decisions implemented, the establishment having taken the decisions shall be considered to be the main establishment; and, provided further, that if a processor has no central administration in the commonwealth, the main establishment shall be the establishment of the processor in the commonwealth where the main processing activities in the context of the activities of an establishment of the processor take place, to the extent that the processor is subject to specific obligations under this chapter. “Personal data”, any information relating to a data subject. “Personal data breach”, a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed. “Processing”, any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Processor”, a natural or legal person, public authority, agency or other body that processes personal data on behalf of a controller. “Profiling”, any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. “Pseudonymization”, the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information; provided, that the additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to a data subject. “Recipient”, a natural or legal person, public authority, agency or another body, to which personal data is disclosed, whether a third party or not; provided, however, that public authorities that receive personal data in the framework of a particular inquiry in accordance with general or special law shall not be regarded as recipients and the processing of data by said public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. “Relevant and reasoned objection”, an objection to a draft decision as to whether there is an infringement of this chapter, or whether envisaged action in relation to the controller or processor complies with this chapter, which clearly demonstrates the significance of the risks posed by the draft decision regarding the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the commonwealth. “Representative”, a natural or legal person established in the commonwealth who, designated by the controller or processor in writing pursuant to section 21, represents the controller or processor with regard to the respective obligations of the controller or processor described in this chapter. “Restriction of processing”, the marking of stored personal data with the aim of limiting processing of the data in the future. “Third party”, a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, is authorized to process personal data. Section 2. (a) Natural persons shall be entitled to protections relative to the processing of personal data and the free movement of personal data. Natural persons possess a right to the protection of personal data. The free movement of personal data within the commonwealth shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. (b) This chapter shall apply to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. This chapter shall not apply to the processing of personal data: (i) in the course of an activity that falls outside the scope of the commonwealth’s authority; (ii) by a natural person in the course of a purely personal or household activity; or (iii) by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. (c) This chapter shall apply to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the commonwealth, regardless of whether the processing takes place in the commonwealth. (d) This chapter shall apply to the processing of personal data of data subjects who are in the commonwealth by a controller or processor not established in the commonwealth where the processing activities are related to: (i) the offering of goods or services, irrespective of whether a payment of the data subject is required, to data subjects in the commonwealth; or (ii) the monitoring of data subjects’ behavior as far as the behavior takes place within the commonwealth. Section 3. (a) Personal data shall be: (i) processed lawfully, fairly and in a transparent manner in relation to the data subject; (ii) collected only for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (iii) adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed; (iv) accurate and, where necessary, kept up to date; (v) kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; and (vi) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. (b) The controller shall be responsible for, and be able to demonstrate compliance with, subsection (a). (c) Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with subsection (a) of section 62, not be considered to be incompatible with the initial purposes of collection described in clause (ii) of subsection (a). Personal data may be stored for longer than described in clause (v) of said subsection (a) if the personal data shall be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with subsection (a) of section 62; provided, that the storage shall be subject to implementation of the appropriate technical and organizational measures required by this chapter in order to safeguard the rights and freedoms of the data subject. (d) Every reasonable step shall be taken to ensure that inaccurate personal data, having regard to the purposes for which it is processed, is erased or rectified without delay. Section 4. (a) Processing shall be legal only if and to the extent that at least 1 of the following applies: (i) the data subject has given consent to the processing of the data subject’s personal data for 1 or more specific purposes; (ii) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (iii) processing is necessary for compliance with a legal obligation to which the controller is subject; (iv) processing is necessary in order to protect the vital interests of the data subject or of another natural person; (v) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or (vi) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject that require protection of personal data, in particular where the data subject is a child; provided, however, that this clause shall not apply to processing carried out by public authorities in the performance of official tasks. (b) State agencies may maintain or introduce more specific provisions to adapt the application of the rules of this chapter with regard to processing for compliance with clauses (iii) and (v) of subsection (a) by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing, including for other specific processing situations as provided for in sections 85 to 91, inclusive. (c) The basis for the processing described in clauses (iii) and (v) of subsection (a) shall be determined by the attorney general. The purpose of the processing shall be determined by the attorney general. The attorney general shall promulgate rules and regulations necessary to implement this chapter, including but not limited to regulations regarding: (i) the general conditions governing the lawfulness of processing by the controller; (ii) the types of data subject to the processing; (iii) the data subjects concerned; (iv) the entities to, and the purposes for which, the personal data may be disclosed; (v) the purpose limitation described in clause (ii) of subsection (a) of section 3; (vi) storage periods; and (vii) processing operations and processing procedures, including measures to ensure lawful and fair processing such as those for other specific processing situations as provided for in sections 85 to 91, inclusive. The regulations shall meet an objective of public interest and be proportionate to the legitimate aim pursued. Where the processing for a purpose other than that for which the personal data has been collected is not based on the data subject's consent, the controller shall, in order to ascertain whether processing for another purpose is compatible with the purpose for which the personal data was initially collected, consider: (1) any link between the purposes for which the personal data was collected and the purposes of the intended further processing; (2) the context in which the personal data was collected, in particular regarding the relationship between data subjects and the controller; (3) the nature of the personal data, in particular whether special categories of personal data is processed, pursuant to subsections (a) to (c), inclusive, of section 6, or whether personal data related to criminal convictions and offenses is processed, pursuant to subsection (d) of said section 6; (4) the possible consequences of the intended further processing for data subjects; and (5) the existence of appropriate safeguards, which may include encryption or pseudonymization. Section 5. (a) Where processing is based on consent, the controller shall be able to demonstrate that the data subject consented to processing of the data’s subject’s personal data. (b) If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of the declaration that constitutes a violation of this chapter shall not be binding. (c) A data subject shall have the right to withdraw the data subject’s consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before the withdrawal. Prior to giving consent, the data subject shall be informed that the data subject is giving consent. Withdrawing consent shall be as easy as giving consent. (d) When assessing whether consent is freely given, consideration shall be given as to whether the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract. (e) Where clause (i) of subsection (a) of section 4 applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child. The controller shall make reasonable efforts to verify that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology. Section 6. (a) Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited. (b) Subsection (a) shall not apply if: (i) the data subject has given explicit consent to the processing of personal data for 1 or more specified purposes, except where general, special or federal law provides that the prohibition referred to in subsection (a) may not be lifted by the data subject; (ii) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorized by general, special or federal law or a collective agreement pursuant to a general or special law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; (iii) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; (iv) processing is carried out in the course of legitimate processing activities with appropriate safeguards by a foundation, association or other not-for-profit body with a political, philosophical, religious or trade union aim; provided, that the processing relates solely to the members or to former members of the body or to persons who have regular contact with the body in connection with the body’s purposes and that the personal data is not disclosed outside that body without the consent of the data subjects; (v) processing relates to personal data which is manifestly made public by the data subject; (vi) processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity; (vii) processing is necessary for reasons of substantial public interest, on the basis of a general or special law that shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; (viii) processing is necessary for the purposes of: (1) preventive or occupational medicine; (2) the assessment of the working capacity of the employee; (3) medical diagnosis; (4) the provision of health or social care; or (5) treatment or the management of health or social care systems and services on the basis of general or special law; (ix) processing is necessary pursuant to contract with a health professional and subject to the conditions and safeguards described in subsection (c); (x) processing is necessary for reasons of public interest in the area of public health, including but not limited to protecting against serious threats to health or ensuring high standards of quality and safety of health care, on the basis of a general, special or federal law that provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; or (xi) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with subsection (a) of section 62 based on general or special law that shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject. (c) Personal data referred to in subsection (a) may be processed for the purposes referred to in clauses (viii) and (ix) of subsection (b) when the data is processed by or under the responsibility of a professional subject to the obligation of professional secrecy pursuant to state or federal law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under state or federal law or rules established by national competent bodies. State agencies may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. (d) Processing of personal data relating to criminal convictions and offences or related security measures based on subsection (a) of section 4 shall be carried out only under the control of official authority or when the processing is authorized by general or special law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority. (e) If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the data subject for the sole purpose of complying with this chapter; provided, that if the controller is able to demonstrate that the controller is not in a position to identify the data subject, the controller shall inform the data subject accordingly, if possible; and, provided further, that sections 10 to 15, inclusive, shall not apply except where the data subject, for the purpose of exercising the data subject’s rights under said sections, provides additional information enabling the data subject’s identification. Section 7. (a) The controller shall take appropriate measures to provide any information referred to in sections 8 and 9 and any communication pursuant to sections 10 to 17, inclusive, and section 28 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally; provided, that the identity of the data subject is proven by other means. (b) The controller shall facilitate the exercise of data subject rights pursuant to sections 10 to 17. In the cases referred to in subsection (e) of section 6, the controller shall not refuse to act on the request of the data subject for exercising the data subject’s rights pursuant to said sections 10 to 17, unless the controller demonstrates that the controller is not in a position to identify the data subject. (c) The controller shall provide information on action taken on a request pursuant to sections 10 to 17 to the data subject without undue delay and in any event within 1 month of receipt of the request; provided, however, that the period to provide information may be extended by 2 further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any extension within 1 month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject. (d) If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within 1 month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with the attorney general and seeking a judicial remedy. (e) Information provided pursuant to sections 8 and 9 and any communication and any actions taken pursuant to sections 10 to 17, inclusive, and section 28 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may: (i) charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested; or (ii) refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request. (f) Notwithstanding subsection (e) of section 6, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in sections 10 to 16, the controller may request the provision of additional information necessary to confirm the identity of the data subject. (g) The information to be provided to data subjects pursuant to sections 8 and 9 may be provided in combination with standardized icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically, the icons shall be machine-readable. Section 8. (a) Where personal data relating to a data subject is collected from the data subject, the controller shall, at the time when personal data is obtained, provide the data subject with all of the following information: (i) the identity and the contact details of the controller and, where applicable, of the controller's representative; (ii) the contact details of the data protection officer, where applicable; (iii) the purposes of the processing for which the personal data is intended as well as the legal basis for the processing; (iv) where the processing is based on clause (vi) of subsection (a) of section 4, the legitimate interests pursued by the controller or by a third party; and (v) the recipients or categories of recipients of the personal data, if any. (vi) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (vii) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing, as well as the right to data portability; (viii) where the processing is based on clause (i) of subsection (a) of section 4 or clause (i) of subsection (b) of section 6, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; (ix) the right to lodge a complaint with the attorney general; (x) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; and (xi) the existence of automated decision-making, including profiling, referred to in section 17 and, at least in those cases, meaningful information about the logic involved, as well as the significance and the predicted consequences of the processing for the data subject. (b) Where the controller intends to further process the personal data for a purpose other than that for which the personal data was collected, the controller shall provide the data subject prior to further processing with information on the other purpose and any relevant further information described in subsection (a). (c) Subsections (a) and (b) shall not apply where and insofar as the data subject already has the information. Section 9. (a) Where personal data has not been obtained from the data subject, the controller shall provide the data subject with the following information: (i) the identity and the contact details of the controller and, where applicable, of the controller's representative; (ii) the contact details of the data protection officer, where applicable; (iii) the purposes of the processing for which the personal data is intended as well as the legal basis for the processing; (iv) the categories of personal data concerned; (v) the recipients or categories of recipients of the personal data, if any (vi) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (vii) where the processing is based on clause (vi) of subsection (a) of section 4, the legitimate interests pursued by the controller or by a third party; (viii) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability; (ix) where processing is based on clause (i) of subsection (a) of section 4 or clause (i) of subsection (b) of section 6, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; (x) the right to lodge a complaint with the attorney general; (xi) from which source the personal data originates and, if applicable, whether it came from publicly accessible sources; and (xii) the existence of automated decision-making, including profiling, referred to section 17 and, at least in those cases, meaningful information about the logic involved, as well as the significance and the predicted consequences of the processing for the data subject. (b) The controller shall provide the information referred to in subsection (a) within a reasonable period after obtaining the personal data, but at the latest within 1 month, having regard to the specific circumstances in which the personal data is processed; provided, that if the personal data is to be used for communication with the data subject, the controller shall provide the information at the latest at the time of the first communication to that data subject; and provided further, that if a disclosure to another recipient is envisaged, the controller shall provide the information at the latest when the personal data is first disclosed. (c) Where the controller intends to further process the personal data for a purpose other than that for which the personal data was obtained, the controller shall provide the data subject prior to further processing with information on the other purpose and any relevant further information described in subsection (a). (d) Subsections (a) to (c), inclusive, shall not apply if: (i) the data subject already has the information; (ii) the provision of the information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in subsection (a) of section 62 or in so far as the obligation referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the objectives of the processing; provided, that the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available; (iii) obtaining or disclosure is expressly required by state or federal law to which the controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or (iv) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by state or federal law, including a statutory obligation of secrecy. Section 10. (a) The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning the data subject is being processed. If personal data concerning the data subject is being processed, the data subject shall have the right to access: (i) the personal data; (ii) the purposes of the processing; (iii) the categories of personal data concerned; (iv) the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in foreign destinations; (v) where possible, the predicted period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (vi) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (vii) the right to lodge a complaint with the attorney general; (viii) where the personal data is not collected from the data subject, any available information as to the source of the personal data; and (ix) the existence of automated decision-making, including profiling, referred to in section 17 and, at least in those cases, meaningful information about the logic involved, as well as the significance and the predicted consequences of the processing for the data subject. (b) Where personal data is transferred to a foreign destination, the data subject shall have the right to be informed of the appropriate safeguards pursuant to section 40 relating to the transfer. (c) The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy of personal data shall not adversely affect the rights and freedoms of others. Section 11. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning the data subject. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. Section 12. (a) The data subject shall have the right to obtain from the controller the erasure of personal data concerning the data subject without undue delay and the controller shall have the obligation to erase personal data without undue delay if: (i) the personal data is no longer necessary in relation to the purposes for which the personal data was collected or otherwise processed; (ii) the data subject withdraws consent on which the processing is based pursuant to clause (i) of subsection (a) of section 4 or clause (i) of subsection (b) of section 6, and there is no other legal ground for the processing; (iii) the data subject objects to the processing pursuant to subsection (a) of section 16 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to subsection (b) of said section 16; (iv) the personal data was unlawfully processed; (v) the personal data must be erased for compliance with a legal obligation pursuant to state or federal law to which the controller is subject; or (vi) the personal data was collected in relation to the offer of information society services referred to in subsection (e) of section 5. (b) Where the controller has made personal data public and is obliged required by subsection (a) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers that are processing the personal data that the data subject has requested the erasure by the controllers of any links to, or copy or replication of, the personal data. (c) Subsections (a) and (b) shall not apply to the extent that processing is necessary for: (i) exercising the right of freedom of expression and information; (ii) compliance with a legal obligation that requires processing by state or federal law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (iii) reasons of public interest in the area of public health in accordance with clauses (viii) to (x), inclusive, of subsection (b) of section 6 and subsection (c) of said section 6; (iv) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with subsection (a) of section 62 in so far as the right referred to in subsection (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or (v) the establishment, exercise or defense of legal claims. Section 13. (a) The data subject shall have the right to obtain from the controller restriction of processing if: (i) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (ii) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead; (iii) the controller no longer needs the personal data for the purposes of the processing, but the personal data is required by the data subject for the establishment, exercise or defense of legal claims; or (iv) the data subject objected to processing pursuant to subsection (a) of section 16 pending the verification of whether the legitimate grounds of the controller override those of the data subject. (b) Where processing has been restricted pursuant to subsection (a), the personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the commonwealth. (c) A data subject who obtained restriction of processing pursuant to subsection (a) shall be informed by the controller before the restriction of processing is lifted. Section 14. The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with section 11, subsection (a) of section 12 and section 13 to each recipient to whom the personal data has been disclosed, unless communication proves impossible or involves disproportionate effort. The controller shall inform the data subject about recipients to which communication was impossible or involved disproportionate effort if the data subject requests the information. Section 15. (a) The data subject shall have the right to receive the personal data concerning the data subject, which the data subject provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit the data to another controller without hindrance from the controller to which the personal data was provided, if the processing is: (i) based on consent pursuant to clause (i) of subsection (a) of section 4 or clause (i) of subsection (b) of section 6 or on a contract pursuant to clause (ii) of subsection (a) of section 4; and (ii) carried out by automated means. In exercising the right to transmit data, the data subject shall have the right to have the personal data transmitted directly from 1 controller to another, where technically feasible. (b) The exercise of the right described in subsection (a) shall not prejudice section 12. The right described in subsection (a) shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The right described in subsection (a) shall not adversely affect the rights and freedoms of others. Section 16. (a) The data subject shall have the right to object, on grounds relating to the data subject’s particular situation, at any time to processing of personal data concerning the data subject that is based on clauses (v) or (vi) of subsection (a) of section 4, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims. (b) Where personal data is processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning the data subject for the marketing, including profiling to the extent that the profiling is related to the marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for the direct marketing purposes. (c) Not later than at the time of the first communication with the data subject, the right to object described in subsections (a) and (b) shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. (d) In the context of the use of information society services, the data subject may exercise the data subject’s right to object by automated means using technical specifications. (e) Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to subsection (a) of section 62, the data subject, on grounds relating to the data subject’s particular situation, shall have the right to object to processing of personal data concerning the data subject, unless the processing is necessary for the performance of a task carried out for reasons of public interest. Section 17. (a) The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly significantly affects the data subject. (b) Subsection (a) shall not apply if the decision is necessary for entering into, or performance of, a contract between the data subject and a data controller or based on the data subject's explicit consent; provided, that the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express the data subject’s point of view and to contest the decision. (c) Subsection (a) shall not apply if the decision is authorized by state or federal law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; provided, that the decision shall not be based on special categories of personal data referred to in subsection (a) of section 6 unless clause (i) or (vi) of subsection (b) of said section 6 applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place. Section 18. (a) Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with this chapter. The measures shall be reviewed and updated where necessary. Where proportionate in relation to processing activities, the measures shall include the implementation of appropriate data protection policies by the controller. (b) Adherence to approved codes of conduct as referred to in section 34 or approved certification mechanisms as referred to in section 36 may be used as an element by which to demonstrate compliance with the obligations of the controller. Section 19. (a) Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this chapter and protect the rights of data subjects. The controller shall implement appropriate technical and organizational measures for ensuring that, by default, only personal data which is necessary for each specific purpose of the processing is processed, including but not limited, to the amount of personal data collected, the extent of processing, the period of storage and accessibility to the data. In particular, the measures shall ensure that by default personal data is not made accessible without the individual's intervention to an indefinite number of natural persons. (b) An approved certification mechanism pursuant to section 36 may be used as an element to demonstrate compliance with subsection (a). Section 20. Joint controllers shall, in a transparent manner, determine the joint controllers’ respective responsibilities for compliance with the obligations pursuant to this chapter, in particular as regards the exercising of the rights of the data subject and the joint controllers’ respective duties to provide the information referred to in sections 8 and 9, by means of an arrangement between the joint controllers unless, and in so far as, the respective responsibilities of the controllers are determined by state or federal law to which the controllers are subject. The arrangement may designate a contact point for data subjects; provided, that the arrangement shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject; and, provided further that the data subject may exercise the data subject’s rights pursuant to this chapter in respect of and against each of the controllers. Section 21. (a) Where subsection (d) of section 2 applies, the controller or the processor shall designate in writing a representative in the commonwealth. (b) Subsection (a) shall not apply to: (i) processing that is occasional, does not include, on a large scale, processing of special categories of data as referred to in subsection (a) of section 6 or processing of personal data relating to criminal convictions and offenses referred to in subsection (d) of said section 6, and is unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope and purposes of the processing; or (ii) a public authority or body. (c) The representative shall be mandated by the controller or processor to be addressed in addition to or instead of the controller or the processor by, in particular, the attorney general and data subjects, on all issues related to processing, for the purposes of ensuring compliance with this chapter. (d) The designation of a representative by the controller or processor shall be without prejudice to legal actions which could be initiated against the controller or the processor themselves. Section 22. (a) Where processing is to be carried out on behalf of a controller, the controller shall use only processors providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of this chapter and ensure the protection of the rights of the data subject. (b) The processor shall not engage another processor without prior specific or general written authorization of the controller. In the case of general written authorization, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. (c) Processing by a processor shall be governed by a contract or other legal act pursuant to state or federal law that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. The contract or other legal act shall stipulate, in particular, that the processor: (i) processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to foreign destinations, unless required to do so by state or federal law to which the processor is subject; provided, that, the processor shall inform the controller of the legal requirement before processing, unless the law prohibits the information on important grounds of public interest; (ii) ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; (iii) takes all measures required pursuant to section 26; (iv) respects the conditions referred to in subsections (b) and (d) for engaging another processor; (v) taking into account the nature of the processing, assists the controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights described in sections 7 to 17, inclusive; (vi) assists the controller in ensuring compliance with the obligations pursuant to sections 26 to 30, inclusive, taking into account the nature of processing and the information available to the processor; (vii) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless state or federal law requires storage of the personal data; and (viii) makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this section and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller; provided, that the processor shall immediately inform the controller if, in its opinion, an instruction infringes this Chapter or other state or federal data protection provisions. (d) Where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor as referred to in subsection (c) shall be imposed on the other processor by way of a contract or other legal act pursuant to state or federal law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of this chapter. Where the other processor fails to fulfill said data protection obligations, the initial processor shall remain fully liable to the controller for the performance of the other processor's obligations. (e) Adherence of a processor to an approved code of conduct as referred to in section 34 or an approved certification mechanism as referred to in section 36 may be used as an element by which to demonstrate sufficient guarantees as referred to in subsections (a) and (d). (f) Without prejudice to an individual contract between the controller and the processor, the contract or the other legal act referred to in subsections (b) and (c) may be based, in whole or in part, on standard contractual clauses referred to in subsection (g), including when they are part of a certification granted to the controller or processor pursuant to sections 36 and 37. (g) The attorney general may lay down standard contractual clauses for the matters referred to in subsections (c) and (d)). (h) The contract or the other legal act referred to in subsections (c) and (d) shall be in writing, including in electronic form. (i) Without prejudice to sections 55 to 57, inclusive, if a processor infringes this chapter by determining the purposes and means of processing, the processor shall be considered to be a controller in respect of that processing. Section 23.The processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process the data except on instructions from the controller, unless required to do so by state or federal law. Section 24. (a) Each controller and, where applicable, the controller's representative, shall maintain a record of processing activities under the responsibility of the controller or representative. The record shall contain: (i) the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer; (ii) the purposes of the processing; (iii) a description of the categories of data subjects and of the categories of personal data; (iv) the categories of recipients to whom the personal data has been or will be disclosed including recipients in foreign destinations; (v) where applicable, transfers of personal data to foreign destinations, including the identification of that destination and, in the case of transfers referred to in the clause (ii) of subsection (a) of section 43, the documentation of suitable safeguards; (vi) where possible, the envisaged time limits for erasure of the different categories of data; and (vii) where possible, a general description of the technical and organizational security measures referred to in subsection (a) of section 26. (b) Each processor and, where applicable, the processor's representative shall maintain a record of all categories of processing activities carried out on behalf of a controller, containing: (i) the name and contact details of the processor or processors and of each controller on behalf of which the processor is acting, and, where applicable, of the controller's or the processor's representative, and the data protection officer; (ii) the categories of processing carried out on behalf of each controller; (iii) where applicable, transfers of personal data to foreign destinations, including the identification of that destination and, in the case of transfers referred to in the clause (ii) of subsection (a) of section 43, the documentation of suitable safeguards; and (iv) where possible, a general description of the technical and organizational security measures referred to in subsection (a) of section 26. (c) The records referred to in subsections (a) and (b) shall be in writing, including in electronic form. The controller or the processor and, where applicable, the controller's or the processor's representative, shall make the record available to the attorney general on request. (d) The obligations referred to in subsections (a) and (b) shall not apply to an enterprise or an organization employing fewer than 250 persons unless the processing by the enterprise or an organization is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data as referred to in subsection (a) of section 6 or personal data relating to criminal convictions and offences referred to in subsection (d) of said section 6. Section 25. The controller and the processor and, where applicable, representatives of the controller or processor, shall cooperate, on request, with the attorney general in the performance of the attorney general’s tasks pursuant to this chapter. Section 26. (a) Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, as appropriate: (i) the pseudonymization and encryption of personal data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing. (b) In assessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed. (c) Adherence to an approved code of conduct as referred to in section 34 or an approved certification mechanism as referred to in section 36 may be used as an element by which to demonstrate compliance with the subsection (a). (d) The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process the personal data except on instructions from the controller, unless the person is required to do so by state or federal law. Section 27. (a) In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the attorney general, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the attorney general is not made within 72 hours, the notification shall be accompanied by reasons for the delay. (b) The processor shall notify the controller without undue delay after becoming aware of a personal data breach. (c) The notification referred to in subsection (a) shall, at a minimum: (i) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned; (ii) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained; (iii) describe the likely consequences of the personal data breach; and (iv) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. (d) Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay. (e) The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the attorney general to verify compliance with this section. Section 28. (a) When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay. The communication shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in clauses (ii) to (iv), inclusive, of subsection (c) of section 27. (b) The communication described in subsection (a) shall not be required if: (i) the controller has implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those measures that render the personal data unintelligible to any person who is not authorized to access it, such as encryption; (ii) the controller has taken subsequent measures that ensure that the high risk to the rights and freedoms of data subjects referred to in subsection (a) is no longer likely to materialize; or (iii) the communication would involve disproportionate effort; provided, that there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner. (c) If the controller has not already communicated the personal data breach to the data subject, the attorney general, having considered the likelihood of the personal data breach resulting in a high risk, may require the controller to communicate the breach or may decide that any of the conditions referred to in subsection (b) are met. Section 29. (a) Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks. (b) The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment described in subsection (a). (c) A data protection impact assessment described in subsection (a)shall in particular be required in the case of: (i) a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person; (ii) processing on a large scale of special categories of data referred to in subsection (a) of section 6 or of personal data relating to criminal convictions and offences referred to in subsection (d) of said section 6; or (iii) a systematic monitoring of a publicly accessible area on a large scale. (d) The attorney general shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to subsection (a). (e) The attorney general may establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. (f) The assessment shall contain, at a minimum: (i) a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller; (ii) an assessment of the necessity and proportionality of the processing operations in relation to the purposes; (iii) an assessment of the risks to the rights and freedoms of data subjects referred to in subsection (a); and (iv) the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this chapter taking into account the rights and legitimate interests of data subjects and other persons concerned. (g) Compliance with approved codes of conduct referred to in section 34 by the relevant controllers or processors shall be taken into due account in assessing the impact of the processing operations performed by the controllers or processors, in particular for the purposes of a data protection impact assessment. (h) Where appropriate, the controller shall seek the views of data subjects or representatives of data subjects on the intended processing, without prejudice to the protection of commercial or public interests or the security of processing operations. (i) Where processing pursuant to clauses (iii) or (v) of subsection (a) of section 4: (1) has a legal basis in state or federal law to which the controller is subject; (2) that law regulates the specific processing operation or set of operations in question; and (3) a data protection impact assessment has already been carried out as part of a general impact assessment in the context of the adoption of that legal basis, subsections (a) to (g), inclusive shall not apply unless the attorney generals deems it to be necessary to carry out such an assessment prior to processing activities. (j) Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations. Section 30. (a) The controller shall consult the attorney general prior to processing where a data protection impact assessment pursuant to section 29 indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. (b) Where the attorney general is of the opinion that the intended processing referred to in subsection (a) would infringe this chapter, in particular where the controller has insufficiently identified or mitigated the risk, the attorney general shall, within period of up to 8 weeks of receipt of the request for consultation, provide written advice to the controller and, where applicable to the processor, and may use any of the powers referred to in section 46; provided, that the period may be extended by 6 weeks, taking into account the complexity of the intended processing. The attorney general shall inform the controller and, where applicable, the processor, of any extension within 1 month of receipt of the request for consultation together with the reasons for the delay. The periods may be suspended until the attorney general obtains information requested for the purposes of the consultation. (c) When consulting the attorney general pursuant to subsection (a), the controller shall provide the attorney general with: (i) where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings; (ii) the purposes and means of the intended processing; (iii) the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this chapter; (iv) where applicable, the contact details of the data protection officer; (v) the data protection impact assessment provided for in section 29; and (vi) any other information requested by the attorney general. Notwithstanding subsection (a), general or special law may require controllers to consult with, and obtain prior authorization from, the attorney general in relation to processing by a controller for the performance of a task carried out by the controller in the public interest, including processing in relation to social protection and public health. Section 31. (a) The controller and the processor shall designate a data protection officer in any case where: (i) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (ii) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of data subjects on a large scale; or (iii) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to subsections (a) to (c), inclusive, of section 6 or personal data relating to criminal convictions and offences referred to in subsection (d) of said section 6. (b) A group of undertakings may appoint a single data protection officer; provided, that a data protection officer is easily accessible from each establishment. (c) Where the controller or the processor is a public authority or body, a single data protection officer may be designated for several authorities or bodies, taking account of organizational structure and size. (d) In cases other than those referred to in subsection (a), the controller or processor or associations and other bodies representing categories of controllers or processors may or, where required by state or federal law shall, designate a data protection officer. The data protection officer may act for the associations and other bodies representing controllers or processors. (e) The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in section 33. The data protection officer may be a staff member of the controller or processor, or fulfill the tasks on the basis of a service contract. The controller or the processor shall publish the contact details of the data protection officer and communicate the details to the attorney general. Section 32. (a) The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data. The controller and processor shall support the data protection officer in performing the tasks referred to in section 33 by providing resources necessary to carry out the tasks and access to personal data and processing operations, and to maintain the data protection officer’s expert knowledge. (b) The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of the tasks referred to in section 33. The data protection officer shall not be dismissed or penalized by the controller or the processor for performing the tasks. The data protection officer shall directly report to the highest management level of the controller or the processor. (c) Data subjects may contact the data protection officer with regard to all issues related to processing of personal data and to the exercise of data subjects’ rights under this Regulation. (d) The data protection officer shall be bound by secrecy or confidentiality concerning the performance of their tasks, in accordance with state or federal law. (e) The data protection officer may fulfill other tasks and duties; provided, that the controller or processor shall ensure that the tasks and duties do not result in a conflict of interests. Section 33. The data protection officer shall: (i) inform and advise the controller or the processor and the employees who carry out processing of controller or processor obligations pursuant to this chapter and other general or special laws regarding data protection; (ii) monitor compliance with this chapter, with other general or special laws regarding data protection and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits; (iii) provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to section 29; (iv) cooperate with the attorney general; and (v) act as the contact point for the attorney genera; on issues relating to processing, including the prior consultation referred to in section 30, and consult, where appropriate, with regard to any other matter. The data protection officer shall in the performance of these tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing. Section 34. (a) The attorney general shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this chapter, taking account of the specific features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises. (b) Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this chapter, such as with regard to: (i) fair and transparent processing; (ii) the legitimate interests pursued by controllers in specific contexts; (iii) the collection of personal data; (iv) the pseudonymization of personal data; (v) the information provided to the public and to data subjects; (vi) the exercise of the rights of data subjects; (vii) the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be obtained; (viii) the measures and procedures referred to in sections 18 and 19 and the measures to ensure security of processing referred to in section 26; (ix) the notification of personal data breaches to supervisory authorities and the communication of the personal data breaches to data subjects; (x) the transfer of personal data to foreign destinations; or (xi) out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing, without prejudice to the rights of data subjects pursuant to sections 51 and 53. (c) In addition to adherence by controllers or processors subject to this chapter, codes of conduct approved pursuant to subsection (e) and having general validity pursuant to subsection (i) may also be adhered to by controllers or processors that are not subject to this chapter pursuant to subsections (c) and (d) of section 2 in order to provide appropriate safeguards within the framework of personal data transfers to foreign destinations pursuant to clause (iv) of subsection (b) of section 40. Said controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects. (d) A code of conduct referred to in subsection (b) shall contain mechanisms which enable the body referred to in subsection (a) of section 35 to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which undertake to apply it, without prejudice to the tasks and powers of the attorney general. (e) Associations and other bodies referred to in subsection (b) which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the attorney general. The attorney general shall provide an opinion on whether the draft code, amendment or extension complies with this chapter and shall approve the draft code, amendment or extension if the draft, amendment or extension provides sufficient appropriate safeguards. (f) The attorney general shall collate all approved codes of conduct, amendments and extensions in a register and shall make them publicly available by way of appropriate means. Section 35. (a) Without prejudice to the tasks and powers of the attorney general pursuant to subsection (b) of section 45 and subsections (a) to (c), inclusive, of section 46, the monitoring of compliance with a code of conduct pursuant to section 34 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the attorney general. (b) A body may be accredited to monitor compliance with a code of conduct where that body has: (i) demonstrated independence and expertise in relation to the subject-matter of the code to the satisfaction of the attorney general; (ii) established procedures which allow the body to assess the eligibility of controllers and processors concerned to apply the code, to monitor compliance with code provisions and to periodically review code operation; (iii) established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a controller or processor, and to make those procedures and structures transparent to data subjects and the public; and (iv) demonstrated to the satisfaction of the attorney general that the body’s tasks and duties do not result in a conflict of interests. (c) Without prejudice to the tasks and powers of the attorney general or the provisions of sections 77 to 84, inclusive, a body shall, subject to appropriate safeguards, take appropriate action in cases of infringement of the code by a controller or processor, including suspension or exclusion of the controller or processor concerned from the code. The body shall inform the attorney general of the actions and the reasons for taking the actions. (d) The attorney general shall revoke the accreditation of a body if the requirements for accreditation are not, or are no longer, met or where actions taken by the body infringe this chapter. (e) This section shall not apply to processing carried out by public authorities and bodies. Section 36. (a) The attorney general shall encourage the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this chapter of processing operations by controllers and processors. The specific needs of micro, small and medium-sized enterprises shall be taken into account. (b) In addition to adherence by controllers or processors subject to this chapter, data protection certification mechanisms, seals or marks approved pursuant to subsection (e) may be established for the purpose of demonstrating the existence of appropriate safeguards provided by controllers or processors that are not subject to this chapter pursuant to subsections (c) and (d) of section 2 within the framework of personal data transfers to foreign destinations pursuant to clause (v) of subsection (b) of section 40. Said controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards, including with regard to the rights of data subjects. (c) The certification shall be voluntary and available via a process that is transparent. (d) A certification pursuant to this section does not reduce the responsibility of the controller or the processor for compliance with this chapter and is without prejudice to the tasks and powers of the attorney general pursuant to sections 45 and 46. (e) A certification shall be issued by the certification bodies referred to in section 37 or by the attorney general, on the basis of criteria approved by the attorney general pursuant to section 46. Where the criteria are approved by the attorney general, this may result in a common certification, the Commonwealth Data Protection Seal. (f) The controller or processor which submits its processing to the certification mechanism shall provide the certification body referred to in section 37, or where applicable, the attorney general, with all information and access to the controller or processor’s processing activities that is necessary to conduct the certification procedure. (g) Certification shall be issued to a controller or processor for a maximum period of 3 years and may be renewed under the same conditions; provided, that the relevant criteria continue to be met. Certification shall be withdrawn, as applicable, by the certification bodies referred to in section 37 or by the attorney general where the criteria for the certification are not or are no longer met. (h) The attorney general shall collate all certification mechanisms and data protection seals and marks in a register and shall make them publicly available by any appropriate means. Section 37. (a) Without prejudice to the tasks and powers of the attorney general pursuant to subsection (b) of section 45 and subsections (a) to (c), inclusive, of section 46, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the attorney general in order to allow the attorney general to exercise their powers pursuant to clause (xiv) of subsection (a) of section 46 where necessary, issue and renew certification. The attorney general shall accredit the certification bodies. (b) A certification body shall be accredited by the attorney general only if the body has: (i) demonstrated independence and expertise in relation to the subject-matter of the certification to the satisfaction of the attorney general; (ii) undertaken to respect the criteria described in subsection (e) of section 36; (iii) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks; (iv) established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and (v) demonstrated, to the satisfaction of the attorney general, that the body’s tasks and duties do not result in a conflict of interests. (c) The accreditation of certification bodies pursuant to subsections (a) and (b) shall take place on the basis of requirements approved by the attorney general . (d) The certification bodies shall be responsible for the proper assessment leading to the certification or the withdrawal of the certification without prejudice to the responsibility of the controller or processor for compliance with this chapter. The accreditation shall be issued for a maximum period of 5 years and may be renewed on the same conditions; provided, that the certification body meets the requirements set out in this section. The certification bodies shall provide the attorney general with the reasons for granting or withdrawing the requested certification. (e) The requirements referred to in subsection (c) and the criteria referred to in subsection (e) of section 36 shall be made public by the attorney general in an easily accessible form. (f) Without prejudice to sections 77 to 84, inclusive, the attorney general shall revoke an accreditation of a certification body pursuant to subsection (a) where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this chapter. (g) The attorney general may promulgate rules and regulations: (i) specifying the requirements to be taken into account for the data protection certification mechanisms described in subsection (a) of section 35; and (ii) laying down technical standards for certification mechanisms and data protection seals and marks, and mechanisms to promote and recognize those certification mechanisms, seals and marks. Section 38. Any transfer of personal data that is undergoing processing or is intended for processing after transfer to a foreign destination shall take place only if, subject to the other provisions of this chapter, the conditions laid down in this section and sections 39 to 44, inclusive, are complied with by the controller and processor, including for onward transfers of personal data from a foreign destination to another foreign destination. All provisions in this section and sections 39 to 44, inclusive, shall be applied in order to ensure that the level of protection of natural persons guaranteed by this chapter is not undermined. Section 39. (a) A transfer of personal data to a foreign destination may take place where the attorney general has decided that the foreign destination in question ensures an adequate level of protection. The transfer shall not require any specific authorization. (b) When assessing the adequacy of the level of protection, the attorney general shall, in particular, take account of the following elements: (i) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and special, including concerning public security, defense, national security and criminal law and the access of public authorities to personal data, as well as the implementation of the legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another foreign destination that are complied with in that foreign destination, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred; (ii) the existence and effective functioning of 1 or more independent supervisory authorities in the state or country or to which an international organization is subject, with responsibility for ensuring and enforcing compliance with the data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising data subjects’ rights and for cooperation with the supervisory authorities and the attorney general; and (iii) the international commitments the country or international organization concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from the country or organization’s participation in multilateral or regional systems, in particular in relation to the protection of personal data. (c) The attorney general, after assessing the adequacy of the level of protection, may decide, by regulation, that a foreign destination ensures an adequate level of protection within the meaning of subsection (b). The regulation shall provide for a mechanism for a periodic review, at least every 4 years, which shall take into account all relevant developments in the foreign destination. The regulation shall specify the scope and application and, where applicable, identify the supervisory authority or authorities referred to in clause (ii) of subsection (b). (d) The attorney general shall, on an ongoing basis, monitor developments in foreign destinations that could affect the functioning of decisions adopted pursuant to subsection (c). (e) The attorney general shall, where available information reveals, in particular following the review referred to in subsection (c), that a foreign destination no longer ensures an adequate level of protection within the meaning of subsection (b), to the extent necessary, repeal, amend or suspend the decision referred to in subsection (c) by means of regulation without retroactive effect. On duly justified imperative grounds of urgency, the attorney general shall adopt immediately applicable regulations. (f) The attorney general shall enter into consultations with a foreign destination with a view to remedying the situation giving rise to the decision described in subsection (e). (g) A decision described in subsection (e) is without prejudice to transfers of personal data to the foreign destination in question pursuant to sections 40 to 43, inclusive. (h) The attorney general shall publish a list of the states, countries, territories and organizations for which the attorney general has decided that an adequate level of protection is or is no longer ensured. Section 40. (a) In the absence of a decision pursuant subsection (c) of section 39, a controller or processor shall only transfer personal data to a foreign destination if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available. (b) The appropriate safeguards may be provided for, without requiring any specific authorization from the attorney general, by: (i) a legally binding and enforceable instrument between public authorities or bodies; (ii) binding corporate rules in accordance with section 41; (iii) standard data protection clauses adopted by the attorney general; (iv) an approved code of conduct pursuant to section 34 together with binding and enforceable commitments of the controller or processor in the foreign destination to apply the appropriate safeguards, including as regards data subjects' rights; or (v) an approved certification mechanism pursuant to section 36 together with binding and enforceable commitments of the controller or processor in the foreign destination to apply the appropriate safeguards, including as regards data subjects' rights. (c) Subject to the authorization from the attorney general, the appropriate safeguards may also be provided for, in particular, by: (i) contractual clauses between the controller or processor and the controller, processor or the recipient of the personal data in the foreign destination; or (ii) provisions to be inserted into administrative arrangements between public authorities or bodies that include enforceable and effective data subject rights. Section 41. (a) The attorney general shall approve binding corporate rules, provided that the rules: (i) are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including employees; (ii) expressly confer enforceable rights on data subjects with regard to the processing of the data subjects’ personal data; and (iii) fulfill the requirements of subsection (b). (b) The binding corporate rules described in subsection (a) shall specify: (i) the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of the group’s members; (ii) the data transfers or set of transfers, including the categories of personal data, the type of processing and purposes of the processing, the type of data subjects affected and the identification of the foreign destination in question; (iii) the legally binding nature of the rules, both internally and externally; (iv) the application of the general data protection principles, in particular purpose limitation, data minimization, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules; (v) the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with section 17, the right to lodge a complaint with the attorney general in accordance with section 53, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules; (vi) how the information on the binding corporate rules, in particular on clauses (iv) and (v), is provided to the data subjects in addition to the information required in sections 8 and 9; (vii) the tasks of any data protection officer designated in accordance with section 31 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling; (viii) the complaint procedures; (ix) the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules; provided, that the mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject; and, provided further, that results of the verification shall be communicated to the person or entity referred to in clause (vii) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the attorney general; (x) the mechanisms for reporting and recording changes to the rules and reporting those changes to the attorney general; (xi) the cooperation mechanism with the attorney general to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the attorney general the results of verifications of the measures referred to in clause (ix); (xii) the mechanisms for reporting to the attorney general any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a foreign destination that are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and (xiii) the appropriate data protection training to personnel having permanent or regular access to personal data. (c) The attorney general may specify by regulation the format and procedures for the exchange of information between controllers, processors and the attorney general for binding corporate rules within the meaning of this section. Section 42. Any judgment of a court or tribunal and any decision of an administrative authority of a foreign destination requiring a controller or processor to transfer or disclose personal data may only be recognized or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting foreign destination and the United States or the commonwealth, without prejudice to other grounds for transfer pursuant to this chapter. Section 43. (a) In the absence of an adequacy decision pursuant to subsection (c) of section 39, or of appropriate safeguards pursuant to section 40, including binding corporate rules, a transfer or a set of transfers of personal data to a foreign destination shall take place only if: (i) the data subject explicitly consented to the proposed transfer, after having been informed of the possible risks of the transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards; (ii) the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request; (iii) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person; (iv) the transfer is necessary for important reasons of public interest; (v) the transfer is necessary for the establishment, exercise or defense of legal claims; (vi) the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent; or (vii) the transfer is made from a register which, according to state or federal law, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by state or federal law for consultation are fulfilled in the particular case. (b) Where a transfer could not be based on a provision of section 39 or 40, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in subsection (a) apply, a transfer to a foreign destination may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the attorney general of the transfer. The controller shall, in addition to providing the information referred to in sections 8 and 9, inform the data subject of the transfer and of the compelling legitimate interests pursued. (c) A transfer pursuant to subsection (b) shall not involve the entirety of the personal data or entire categories of the personal data contained in the register. Where the register is intended for consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or if those persons are to be the recipients. (d) Clauses (i) to (iii), inclusive, of subsection (a) and subsection (b) shall not apply to activities carried out by public authorities in the exercise of their public powers. (e) The public interest referred to in clause (iv) of subsection (a) shall be recognized in federal law or in the law of the state to which the controller is subject. (f) In the absence of an adequacy decision, general or special law may, for important reasons of public interest, expressly set limits to the transfer of specific categories of personal data to a foreign destination. (g) The controller or processor shall document the assessment as well as the suitable safeguards referred to in subsection (b) in the records referred to in section 24. Section 44. In relation to foreign destinations, the attorney general shall take appropriate steps to: (i) develop cooperation mechanisms to facilitate the effective enforcement of legislation for the protection of personal data; (ii) provide mutual assistance in the enforcement of legislation for the protection of personal data, including through notification, complaint referral, investigative assistance and information exchange, subject to appropriate safeguards for the protection of personal data and other fundamental rights and freedoms; (iii) engage relevant stakeholders in discussion and activities aimed at furthering cooperation in the enforcement of legislation for the protection of personal data; and (iv) promote the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with other foreign destinations. Section 45. (a) The attorney shall be responsible for monitoring the application of this chapter, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the commonwealth. (b) The attorney general shall: (i) monitor and enforce the application of this chapter; (ii) promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing, including, but not limited to, activities addressed specifically to children that shall receive specific attention; (iii) advise, in accordance with general and special law, the general court, municipalities, state agencies and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing; (iv) promote the awareness of controllers and processors of their obligations pursuant to this chapter; (v) upon request, provide information to any data subject concerning the exercise of their rights pursuant to this chapter and, if appropriate, cooperate with the supervisory authorities in foreign destinations to that end; (vi) handle complaints lodged by a data subject, or by a body, organization or association in accordance with section 54, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with a supervisory authority in a foreign destination is necessary; (vii) cooperate with, including sharing information and providing mutual assistance to, supervisory authorities in foreign destinations; (viii) conduct investigations on the application of this chapter, including on the basis of information received from a supervisory authority in a foreign destination or other public authority; (ix) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices; (x) adopt standard contractual clauses referred to in subsection (g) of section 22 and clause (iii) of subsection (b) of section 40; (xi) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to subsection (d) of section 29; (xii) give advice on the processing operations referred to in subsection (b) of section 30; (xiii) encourage the drawing up of codes of conduct pursuant to subsection (a) of section 34 and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to subsection (e) of said section 34; (xiv) encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to subsection (a) of section 36, and approve the criteria of certification pursuant to subsection (e) of said section 36; (xv) where applicable, carry out a periodic review of certifications issued in accordance with subsection (g) of section 36; (xvi) draft and publish the requirements for accreditation of a body for monitoring codes of conduct pursuant to section 35 and of a certification body pursuant to section 37; (xvii) conduct the accreditation of a body for monitoring codes of conduct pursuant to section 35 and of a certification body pursuant to section 37; (xviii) authorize contractual clauses and provisions referred to in subsection (c) of section 40; (xix) approve binding corporate rules pursuant to section 41; (xx) keep internal records of infringements of this chapter and of measures taken in accordance with clause (ii) of subsection (a) of section 46; and (xxi) fulfill any other tasks related to the protection of personal data. (c) The attorney general shall facilitate the submission of complaints referred to in clause (vi) of subsection (b) by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication. (d) The performance of the tasks described in subsection (b) shall be free of charge for the data subject and, where applicable, for the data protection officer; provided, however, that where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the attorney general may charge a reasonable fee based on administrative costs, or refuse to act on the request; and, provided further, that the attorney general shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request. Section 46. (a) The attorney general shall have the power to: (i) order the controller and the processor, and, where applicable, the controller's or the processor's representative to provide any information the attorney general requires for the performance of the attorney general’s duties pursuant to this chapter; (ii) carry out investigations in the form of data protection audits; (iii) carry out a review on certifications issued pursuant to subsection (g) of section 36; (iv) notify the controller or the processor of an alleged infringement of this chapter; (v) obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of the attorney general’s duties pursuant to this chapter; (vi) obtain access to any premises of the controller and the processor, including to any data processing equipment and means, in accordance with state or federal procedural law; (vii) issue warnings to a controller or processor that intended processing operations are likely to infringe on this chapter; (viii) issue reprimands to a controller or a processor where processing operations have infringed on this chapter; (ix) order the controller or the processor to comply with the data subject's requests to exercise the data subject’s rights pursuant to this chapter; (x) order the controller or processor to bring processing operations into compliance with this chapter, where appropriate, in a specified manner and within a specified period; (xi) order the controller to communicate a personal data breach to the data subject; (xii) impose a temporary or definitive limitation, including a ban on processing; (xiii) order the rectification or erasure of personal data or restriction of processing pursuant to sections 11 to 13, inclusive, and the notification to recipients to whom the personal data has been disclosed pursuant to subsection (b) of section 12 and section 14; (xiv) withdraw a certification or order the certification body to withdraw a certification issued pursuant to sections 36 or 37, or order the certification body not to issue certification if the requirements for the certification are not or are no longer met; (xv) impose an administrative fine pursuant to section 56, in addition to, or instead of measures referred to in this subsection, depending on the circumstances of each individual case; (xvi) order the suspension of data flows to a recipient in a foreign destination; (xvii) advise the controller in accordance with the prior consultation procedure referred to section 30; (xviii) issue, on the attorney general’s initiative or on request, opinions to the general court, the governor or, in accordance with general and special law, to other institutions and bodies as well as to the public on any issue related to the protection of personal data; (xix) authorize processing referred to in subsection (c) of section 30; (xx) issue an opinion and approve draft codes of conduct pursuant to subsection (e) of section 34; (xxi) accredit certification bodies pursuant to section 37; (xxii) issue certifications and approve criteria of certification in accordance with subsection (e) of section 36; (xxiii) adopt standard data protection clauses referred to in subsection (g) of section 22 and clause (iii) of subsection (b) of section 40; (xxiv) authorize contractual clauses referred to in clause (i) of subsection (c) of section 40; (xxv) authorize administrative arrangements referred to in clause (ii) of subsection (c) of section 40; and (xxvi) approve binding corporate rules pursuant to section 41. (b) The exercise of the powers conferred on the attorney general pursuant to this section shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in general and special law. (c) The attorney general shall have the power to commence or engage otherwise in legal proceedings in order to enforce the provisions of this chapter. (d) Annually, the attorney general shall compile a report on activities taken pursuant to this chapter, which may include a list of types of infringement notified and types of measures taken in accordance with subsection (a). The reports shall be transmitted to the clerks of the house of representatives and the senate and the joint committee on advanced information technology, the internet and cybersecurity. The attorney general shall make the reports available to the public on the attorney general’s website. Section 47. (a) Upon adopting a decision regarding a complaint pursuant to this chapter, the attorney general shall transmit the decision to the main establishment or single establishment of the controller or processor, including a summary of the relevant facts and grounds. (b) Where a complaint is dismissed or rejected, the attorney general shall notify the complainant and the controller. (c) Where the attorney general dismisses or rejects parts of a complaint and acts on other parts of that complaint, a separate decision shall be adopted for each part of the complaint. (d) After being notified of the decision, the controller or processor shall take the necessary measures to ensure compliance with the decision as regards processing activities in the context of all its establishments in the commonwealth. The controller or processor shall notify the measures taken for complying with the decision to the attorney general. (e) Where, in exceptional circumstances, the attorney general has reasons to consider that there is an urgent need to act in order to protect the interests of data subjects, the urgency procedure referred to in section 48 shall apply. Section 48. (a) In exceptional circumstances, where the attorney general considers that there is an urgent need to act in order to protect the rights and freedoms of data subjects, the attorney general may immediately adopt provisional measures intended to produce legal effects in the commonwealth with a specified period of validity which shall not exceed 3 months. (b) Where the attorney general has taken a measure pursuant to subsection (a) and considers that final measures need urgently be adopted, the attorney general may request an urgent opinion or an urgent binding decision from the superior court, giving reasons for requesting such opinion or decision. (c) The attorney general may request an urgent opinion or an urgent binding decision, as the case may be, from the superior court where there is an urgent need to act, in order to protect the rights and freedoms of data subjects, giving reasons for requesting such opinion or decision, including for the urgent need to act.(d) The superior court shall provide n urgent opinion or an urgent binding decision referred to in subsections (b) and (c) within 2 weeks of the request by the attorney general. Section 49. (a) The attorney general shall, on the attorney general’s own initiative or, where relevant, at the request of the general court: (i) advise the general court on any issue related to the protection of personal data in the commonwealth, including on any proposed amendment of this chapter; (ii) advise the general court on the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules; (iii) issue guidelines, recommendations and best practices on procedures for erasing links, copies or replications of personal data from publicly available communication services as referred to in subsection (b) of section 22; (iv) examine, on the attorney general’s own initiative, on request of the general court, any question covering the application of this chapter and issue guidelines, recommendations and best practices in order to encourage consistent application of this chapter; (v) draw up guidelines concerning the application of measures referred to in section 46 and the setting of administrative fines pursuant to section 55; (vi) encourage the drawing-up of codes of conduct and the establishment of data protection certification mechanisms and data protection seals and marks pursuant to sections 34 and 36; (vii) approve the criteria of certification pursuant to subsection (e) of section 36 and maintain a public register of certification mechanisms and data protection seals and marks pursuant to subsection (h) of said section 36 and of the certified controllers or processors established in foreign destinations pursuant to subsection (g) of said section 36.; (viii) approve the requirements referred to in subsection (c) of section 37 with a view to the accreditation of certification bodies referred to in said section 37; (ix) promote the exchange of knowledge and documentation on data protection legislation and practice with data protection supervisory authorities worldwide; and (x) maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled in the consistency mechanism. (b) The guidelines, recommendations and best practices described in clause (iv) of subsection (a) shall include, but not be limited to, guidelines, recommendations and best practices: (i) for further specifying the criteria and conditions for decisions based on profiling pursuant to subsection (b) of section 17; (ii) for establishing the personal data breaches and determining the undue delay referred to in subsections (a) and (b) of section 27 and for the particular circumstances in which a controller or a processor is required to notify the personal data breach; (iii) as to the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of the natural persons referred to in subsection (a) of section 28; (iv) for the purpose of further specifying the criteria and requirements for personal data transfers based on binding corporate rules adhered to by controllers and binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned referred to in section 41; and (v) for the purpose of further specifying the criteria and requirements for the personal data transfers on the basis of subsection (a) of section 43. (c) The attorney general shall, on the attorney general’s own initiative or, where relevant, at the request of the general court, review the practical application of the guidelines, recommendations and best practices. (d) Where the general court requests advice from the attorney general, the general court may indicate a time limit, taking into account the urgency of the matter. (e) The attorney general shall forward the attorney general’s opinions, guidelines, recommendations, and best practices to the general court and make the opinions, guidelines, recommendations and best practices public on the attorney general’s website. (f) The attorney general shall, where appropriate, consult interested parties and give interested parties the opportunity to comment within a reasonable period. The attorney general shall publish the results of the consultation procedure publicly on the attorney general’s website. Section 50. In addition to the report on activities described in subsection (d) of section 46, the attorney general shall annually compile a report regarding the protection of natural persons with regard to processing in the commonwealth and, where relevant, foreign destinations. The reports shall include a review of the practical application of the guidelines, recommendations and best practices referred to in subsection (b) of section 49. The reports shall be transmitted to the clerks of the house of representatives and the senate and the joint committee on advanced information technology, the internet and cybersecurity. The attorney general shall make the reports available to the public on the attorney general’s website. Section 51. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with the attorney general, in particular if the data subject lives or works in the commonwealth or the alleged infringement took place in the commonwealth, if the data subject considers that the processing of personal data relating to the data subject infringes this chapter. The attorney general shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to section 52. Section 52. Without prejudice to any other administrative or non-judicial remedy: (i) each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of the attorney general concerning the natural or legal person; and (ii) each data subject shall have the right to a an effective judicial remedy where the attorney general does not handle a complaint or does not inform the data subject within 3 months on the progress or outcome of the complaint lodged pursuant to section 51. Proceedings against the attorney general shall be brought before the superior court. Where proceedings are brought against an opinion or decision of the attorney general, the attorney general shall forward that opinion or decision to the court. Section 53. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with the attorney general pursuant to section 51, each data subject shall have the right to an effective judicial remedy where the data subject considers that the data subject’s rights under this chapter have been infringed as a result of the processing of the data subject’s personal data in non-compliance with this chapter. Proceedings against a controller or a processor shall be brought before the superior court. Section 54. (a) A data subject shall have the right to mandate a not-for-profit body, organization or association to lodge a complaint on behalf of the data subject, to exercise the rights referred to in sections 51 to 53, inclusive, on behalf of the data subject and to exercise the right to receive compensation referred to in section 55 on behalf of the data subject; provided, that the body, organization or association: (i) has been properly constituted in accordance with state or federal law; (ii) has statutory objectives in the public interest; and (iii) is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data. (b) Any body, organization or association referred to in subsection (a), independently of a data subject's mandate, has the right to lodge a complaint with the attorney general pursuant to section 51 and to exercise the rights referred to in sections 52 and 53 if the body, organization or association considers that the rights of a data subject pursuant this chapter have been infringed as a result of the processing. Section 55. (a) Any person who has suffered material or non-material damage as a result of an infringement of this chapter shall have the right to receive compensation from the controller or processor for the damage suffered. (b) Any controller involved in processing shall be liable for the damage caused by processing which infringes this chapter. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this chapter specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. (c) A controller or processor shall be exempt from liability as specified in subsection (b) if the controller or processor proves that the controller or processor is not in any way responsible for the event giving rise to the damage. (d) Where more than 1 controller or processor, or both a controller and a processor, are involved in the same processing and where the controller and processor are responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. Where a controller or processor has paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in subsection (b). (e) Court proceedings for exercising the right to receive compensation shall be brought before the superior court. Section 56. (a) The attorney general shall ensure that the imposition of administrative fines pursuant to this section in respect of infringements of this chapter referred to in subsections (d) to (f), inclusive, shall in each individual case be effective, proportionate and dissuasive. (b) Administrative fines shall, depending on the circumstances of each individual case, be imposed in addition to, or instead of, measures referred to in subsections (vii) to (xiv), inclusive and (xvi) of section 46. When deciding whether to impose an administrative fine and deciding on the amount of the administrative fine in each individual case due regard shall be given to: (i) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of data subjects affected and the level of damage suffered by the data subjects; (ii) the intentional or negligent character of the infringement; (iii) any action taken by the controller or processor to mitigate the damage suffered by data subjects; (iv) the degree of responsibility of the controller or processor taking into account technical and organizational measures implemented by them pursuant to sections 19 and 26; (v) any relevant previous infringements by the controller or processor; (vi) the degree of cooperation with the attorney general, in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (vii) the categories of personal data affected by the infringement; (viii) the manner in which the infringement became known to the attorney general, in particular whether, and if so to what extent, the controller or processor notified the infringement; (ix) where measures referred to in clauses (vii) to (xvi) of subsection (a) of section 46 have previously been ordered against the controller or processor concerned with regard to the same subject-matter, compliance with those measures; (x) adherence to approved codes of conduct pursuant to section 34 or approved certification mechanisms pursuant to section 36; and (xi) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. (c) If a controller or processor intentionally or negligently, for the same or linked processing operations, infringes several provisions of this chapter, the total amount of the administrative fine shall not exceed the amount specified for the gravest infringement. (d) Infringements of the following provisions shall, in accordance with subsection (b), be subject to administrative fines up to $10,000,000, or in the case of an undertaking, up to 2 per cent of the total worldwide annual turnover of the preceding financial year, whichever is higher: (i) the obligations of the controller and the processor pursuant to subsection (e) of section 5, subsection (e) of section 6, sections 19 to 33, inclusive, and sections 36 and 37; (ii) the obligations of the certification body pursuant to sections 36 and 37; or (iii) the obligations of the monitoring body pursuant to subsection(c) of section 35. (e) Infringements of the following provisions shall, in accordance with subsection (b), be subject to administrative fines up to $20,000,000, or in the case of an undertaking, up to 4 per cent of the total worldwide annual turnover of the preceding financial year, whichever is higher: (i) the basic principles for processing, including conditions for consent, pursuant to sections 3 and 4, subsections (a) to (d), inclusive, of section 5, and subsections (a) to (c), inclusive, of section 6; (ii) the data subjects' rights pursuant to sections 7 to 17, inclusive; (iii) the transfers of personal data to a recipient in a foreign destination pursuant to sections 38 to 43, inclusive; (iv) any obligations pursuant to general or special law adopted pursuant to sections 58 to 64, inclusive; (v) non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the attorney general pursuant to clauses (vii) to (xvi), inclusive, of subsection (a) of section 46 or failure to provide access in violation of clauses (i) to (vi), inclusive, of said subsection (a) of said section 46. (f) Non-compliance with an order by the attorney general as referred to in clauses (vii) to (xvi), inclusive, of subsection (a) of section 46 shall, in accordance with subsection (b), be subject to administrative fines up to $20,000,000 , or in the case of an undertaking, up to 4 per cent of the total worldwide annual turnover of the preceding financial year, whichever is higher. (g) Without prejudice to the corrective powers of the attorney general as referred to in clauses (vii) to (xvi), inclusive, of subsection (a) of section 46, the general court may enact general and special laws providing rules on whether and to what extent administrative fines may be imposed on public authorities and bodies. (h) The exercise by the attorney general of powers pursuant to this section shall be subject to appropriate procedural safeguards in accordance with state and federal law, including effective judicial remedy and due process. Section 57. The general court may enact general and special laws providing rules on other penalties applicable to infringements of this chapter, in particular for infringements that are not subject to administrative fines pursuant to section 56, and shall take all measures necessary to ensure that they are implemented. The penalties shall be effective, proportionate and dissuasive. Section 58. (a) The general court shall enact general or special laws to reconcile the right to the protection of personal data pursuant to this chapter with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression. (b) For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, the general court shall enact general or special laws that provide for exemptions or derogations from sections 4 to 50, inclusive, and sections 59 to 64 if exemptions or derogations are necessary to reconcile the right to the protection of personal data with the freedom of expression and information. Section 59. Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with general, special or federal law in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this chapter. Section 60. The attorney general may further determine the specific conditions for the processing of a social security number, driver’s license number or any other identifier of general application. In that case, the social security number, driver’s license number or other identifier of general application shall be used only under appropriate safeguards for the rights and freedoms of the data subject pursuant to this chapter. Section 61. The general court may, by law or by collective agreements, provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data in the employment context, in particular for the purposes of: (i)recruitment; (ii) the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organization of work; (iii) equality and diversity in the workplace; (iv) health and safety at work; (v) protection of employer's or customer's property; (vi) the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment; and (vii) the termination of the employment relationship. The rules shall include suitable and specific measures to safeguard the data subject's human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place. Section 62. (a) Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with this chapter, for the rights and freedoms of the data subject. The safeguards shall ensure that technical and organizational measures are in place in particular in order to ensure respect for the principle of data minimization. The measures may include pseudonymization; provided, that the public interest, scientific or historical research purposes or statistical purposes can be fulfilled in with pseudonymization. Where said purposes can be fulfilled by further processing that does not permit or no longer permits the identification of data subjects, the purposes shall be fulfilled in that manner. (b) Where personal data is processed for scientific or historical research purposes or statistical purposes, general or special law may provide for derogations from the rights referred to in sections 10, 11, 13 and 16 subject to the conditions and safeguards referred to in subsection (a), in so far as the rights are likely to render impossible or seriously impair the achievement of the specific purposes and the derogations are necessary for the fulfilment of those purposes. (c) Where personal data is processed for archiving purposes in the public interest, general or special law may provide for derogations from the rights referred to in sections 10, 11, 13, 14, 15 and 16, subject to the conditions and safeguards referred to in subsection (a), in so far as the rights are likely to render impossible or seriously impair the achievement of the specific purposes and the derogations are necessary for the fulfilment of those purposes. (d) Where processing referred to in subsections (b) and (c) serves at the same time another purpose, the derogations shall apply only to processing for the purposes referred to in said subsections (b) and (c). Section 63. The general court may enact general or special laws establishing specific rules to set out the powers of the attorney general described in clauses (v) and (vi) of subsection (a) of section 46 in relation to controllers or processors that are subject, pursuant to state or federal law or rules established by national competent bodies, to an obligation of professional secrecy or other equivalent obligations of secrecy; provided, that the rules are necessary and proportionate to reconcile the right of the protection of personal data with the obligation of secrecy. The rules shall apply only with regard to personal data which the controller or processor has received as a result of or has obtained in an activity covered by that obligation of secrecy. Section 64. Churches and religious associations or communities that apply comprehensive rules relating to the protection of natural persons with regard to processing may continue to apply said rules; provided, that the rules are brought into line with this chapter; and, provided further, that the churches and religious associations or communities shall be subject to the supervision of the attorney general. Section 65. (a) Every 4 years, the attorney general shall submit a report on the evaluation and review of this chapter to the clerks of the house of representatives and the senate and the joint committee on advanced information technology, the internet and cybersecurity. The attorney general shall make the reports available to the public on the attorney general’s website. In evaluating and reviewing this chapter, the attorney general shall examine, in particular, the application and functioning of sections 38 to 44 regarding the transfer of personal data to foreign destinations, with particular regard to decisions adopted pursuant to subsection (c) of section 39. The attorney general shall take into account the positions and findings of state agencies and other relevant bodies or sources. The attorney general shall, if necessary, submit drafts of legislation to amend this chapter, in particular taking into account of developments in information technology and in the light of the state of progress in the information society. (b) The attorney general shall, if appropriate, submit legislative proposals with a view to amending other general or special laws on the protection of personal data, in order to ensure uniform and consistent protection of natural persons with regard to processing; including, but not limited to, the rules relating to the protection of natural persons with regard to processing by state institutions, bodies, offices and agencies and the free movement of data. SECTION 2. Notwithstanding chapter 93M of the General Laws, agreements involving the transfer of personal data to foreign destinations which were in place prior to the effective date of this act, and which comply with state and federal law as applicable prior to the effective date of this act, shall remain in force until amended, replaced or revoked.

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An Act relative to safety and privacy for elected officials

H1556

HD465

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:21:29.623'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:21:29.6233333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T11:03:23.8233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1556/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1556) of Steven S. Howitt and Alan Silvia relative to protests or demonstrations within 100 yards of the residences of elected officials. The Judiciary.

Chapter 264 of the General Laws, as appearing in the 2018 Official edition, is hereby amended by inserting, after Section 23, the following new Section:- SECTION 24. No elected official in the commonwealth shall be subjected to protests or demonstrations within 100 yards of their residence or place of active domicile. If any person who conducts such a protest or demonstration within 100 yards of the residence or active domicile of an elected official in the commonwealth is asked by law enforcement to disperse and refuses to do so, such person shall be subject to imprisonment in a House of Correction for not more than one year or by a fine of not less than one hundred dollars or more than five hundred dollars, or both.

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An Act relative to establishing an animal abuse registry

H1557

HD907

{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:14:19.797'}

[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:14:19.81'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T22:37:11.6733333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:54:46.2033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T18:01:05.11'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-24T16:30:57.5366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:05:12.8933333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-17T16:33:33.1033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:47:34.8066667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:55:25.26'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:14:43.8333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1557/DocumentHistoryActions

Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1557) of Steven S. Howitt and others for legislation to establish an animal abuse registry. The Judiciary.

SECTION 1. Chapter 272 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following new section:- Section 107. Animal Abuse Registry (a) DEFINITIONS. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: “animal abuse crime”, the commission of any crime against an animal under Chapter 272, Sections 77 through 81, inclusive, of the General Laws, and the comparable animal cruelty statutes of any other state. “animal breeder”, any entity engaged in the practice of facilitating the reproduction of animals for the purpose of distributing the resulting offspring to one or more other individuals or entities. “animal shelter”, a public animal control facility, or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse. “convicted of”, an adjudication of guilt by any court of competent jurisdiction, whether upon a verdict or plea of guilty or nolo contendre. “pet store”, every place or premise where birds, mammals or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange or gift. (b) CREATION OF AN ANIMAL ABUSE REGISTRY. The Department of Criminal Justice Information Services shall establish and maintain a central computerized registry of all persons convicted of an animal abuse crime who are required to register pursuant to subsection (c) of this act, to be known as the Massachusetts animal abuse registry. The registry shall be updated based on information made available to the Department of Criminal Justice Information Services, including information acquired pursuant to the registration provisions of subsection (c). The registry shall include the following information: the offender’s name, the offender’s residential address, the date and a description of the crime for which registration is required, and a photograph of the offender’s head and shoulders from the front. (c) REGISTRATION REQUIREMENT AND REQUIRED INFORMATION. All persons eighteen (18) years of age or older, or minors who have been tried as adults, who reside in Massachusetts and are convicted of an animal abuse crime on or after the effective date of this law, shall register within ten (10) days following either the date of judgment or date of release from incarceration, whichever is later. Residents of other states who are convicted of an animal abuse crime on or after the effective date of this law, who subsequently reside in Massachusetts, shall register within their first ten (10) days of residing in Massachusetts. Each person required to register under this section shall submit to the Department of Criminal Justice Information Services for inclusion on the registry: a. Their name; b. Their residential address; c. A description of the offense for which registration is required, the city or town where the offense occurred, the date of conviction or adjudication, and the sentence imposed; and d. A photograph of their head and shoulders from the front. A person required to register under this section shall update registration information to reflect any change in address which may occur, or if no change in address occurs, annually from the date of their first registration. Registration pursuant to this section shall remain in effect for a period of five (5) years following either the date of judgment or date of release from incarceration, whichever is later, provided that such period shall be extended for additional five year periods for each conviction which may occur subsequent to an initial registration. (d) FEES. Every person required to register under subsection (c ) shall pay an annual fee of $50 to the Department of Criminal Justice Information Services. These funds shall be used to pay the administrative costs of maintaining the registry. (e) FAILURE TO REGISTER. Any person required to register under subsection (c) who knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) knowingly provides false information shall be punished in accordance with this section. a. A first conviction under this subsection shall be punished by imprisonment for not less than six months and not more than two and one-half years in a house of correction nor more than five years in a state prison or by a fine of not more than $1,000 or by both such fine and imprisonment. b. A second and subsequent conviction under this subsection shall be punished by imprisonment in the state prison for not less than five years. c. A first conviction under this subsection shall be punished by a fine of not more than $1,000 or imprisonment in a house of correction for not more than 10 days, or both. d. A second conviction under this subsection shall be punished by a fine of not more than $5, 000 or imprisonment in a house of correction for not more than 2 years, or both. (f) APPEALING REGISTRATION. 1. Anyone convicted of an animal abuse crime who would otherwise be required to register under subsection (c), may appeal to District Court for a determination of the level of danger posed by the offender. The department may, upon making specific written findings that the circumstances of the offense, in conjunction with the offender’s criminal history, do not indicate a risk of reoffense or a danger to the public and the reasons therefore, relieve such offender of any further obligation to register, and shall remove such offender’s registration information from the registry. (g) AVAILABILITY OF REGISTRY. The Department of Criminal Justice Information Services shall keep confidential and shall not publish the information contained in the registry, except that the information contained in the registry shall be made available for inspection by any animal shelter, pet store, or animal breeder in Massachusetts. (h) REQUIREMENT TO CHECK REGISTRY. All animal shelters, pet stores, and animal breeders in Massachusetts shall determine whether the name and address of any person seeking to purchase or adopt an animal appears on the registry. No animal shelter, pet store, or animal breeder shall knowingly offer, sell, deliver, give or provide an animal to any person registered on the registry. (i) PUNISHMENT FOR NOT CHECKING REGISTRY. Any animal shelter, pet store, or animal breeder who violates the provisions of this act shall be punished by a fine of not less than $1,000 or imprisonment for a period of not more than one year for a first offense, provided that each subsequent offense shall be punishable by a fine of not less than $5,000 and imprisonment in a jail or house of correction for not more than five years.

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An Act relative to the International Holocaust Remembrance Alliance definition of antisemitism

H1558

HD1580

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D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T22:41:53.1966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-27T21:00:04.2966667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-10-17T10:59:08.14'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-08T16:55:00.8866667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T14:48:12.6833333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-28T15:42:15.86'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-03-01T14:05:52.6066667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-10-16T18:12:57.68'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-03-01T12:05:39.8033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-10-16T18:19:17.85'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-07T10:44:59.6633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-27T19:47:36.8633333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-17T15:22:30.7033333'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-03-06T18:37:10.1733333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-30T12:36:48.2'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-10-17T11:24:01.7766667'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-30T09:14:15.83'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:04:00.1733333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-01T15:04:10.9333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:38:55.85'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T17:14:21.3366667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-27T16:13:57.7766667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T09:15:50.1166667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-10-17T11:48:49.7866667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-08T15:39:52.8733333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:51:16.0833333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T15:01:00.3233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T14:50:59.3533333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-27T15:42:10.3933333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-28T14:48:17.3233333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-10-17T14:16:16.0133333'}]

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Bill

By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1558) of Steven S. Howitt and others relative to the International Holocaust Remembrance Alliance definition of antisemitism. The Judiciary.

SECTION 1. Section 1 of Chapter 151B, as appearing in the 2020 Official Edition, is hereby amended by adding the following new definition: “24. The term ‘Antisemitism’ shall have the same meaning that is endorsed by the International Holocaust Remembrance Alliance, which shall mean a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

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An Act require the reporting of satisfaction of judgments awarding money damages

H1559

HD1870

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:11:11.047'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:11:11.0466667'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1559) of Daniel J. Hunt relative to the reporting of satisfaction of judgments awarding money damages. The Judiciary.

SECTION 1. [Small claims.] Chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 25 the following section:- Section 25A. Any party who obtains a judgment for money damages under the procedure shall, within 60 days after full satisfaction of such judgment, file a notice of satisfaction of judgment with the court that issued the judgment. Any party who fails to do so may be liable to the judgment debtor for any costs and attorneys’ fees awarded on motion in the court's discretion that were reasonably incurred in proving that the judgment was satisfied in full. This section shall not apply to a judgment that has been satisfied by levy of execution. SECTION 2. [Civil cases.] Chapter 235 of the General Laws, as so appearing, is hereby amended by inserting after section 13 the following section:- Section 13A. Any party who obtains a judgment for money damages shall, within 60 days after full satisfaction of such judgment, file a notice of satisfaction of judgment with the court that issued the judgment. Any party who fails to do so may be liable to the judgment debtor for any costs and attorneys’ fees awarded on motion in the court's discretion that were reasonably incurred in proving that the judgment was satisfied in full. This section shall not apply to a judgment that has been satisfied by levy of execution. SECTION 3. [Summary process.] Chapter 239 of the General Laws, as so appearing, is hereby amended by inserting after section 3 the following section:- Section 3A. Any party who obtains a judgment under this chapter that includes money damages for rent shall, within 60 days after full satisfaction of such judgment, file a notice of satisfaction of judgment with the court that issued the judgment. Any party who fails to do so may be liable to the judgment debtor for any costs and attorneys’ fees awarded on motion in the court's discretion that were reasonably incurred in proving that the judgment was satisfied in full. This section shall not apply to a money judgment that has been satisfied by levy of execution.

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An Act empowering the office of the child advocate to enforce its statutory duties

H156

HD295

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:36:44.18'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:36:44.18'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T07:53:51.5566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:36:40.4966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:47:34.9766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:06:02.8633333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:28:29.89'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:22:45.5066667'}]

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Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 156) of Tricia Farley-Bouvier and others relative to the powers of the Child Advocate to appear, intervene in or bring actions on behalf the Commonwealth. Children, Families and Persons with Disabilities.

Chapter 18C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 2 the following section:- Section 2A. In addition to the powers set forth in section 2, and notwithstanding section 3 of chapter 12 or any other law to the contrary, the child advocate, or the child advocate’s designee, may represent, appear, intervene in or bring an action on behalf the commonwealth or of any child in any proceeding before any state or federal court, tribunal, agency, board or commission in which matters related to this chapter are in issue.

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An Act relative to the protection of the families of violent crime from intimidation

H1560

HD1876

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:45:57.56'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:45:57.56'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1560) of Daniel J. Hunt relative to the protection of the families of violent crime from intimidation. The Judiciary.

SECTION XXX. Notwithstanding any general or special law to the contrary, the Secretary of the Executive office of Public Safety, in consultation with the Judiciary and the Trial Court, shall make recommendations for the protection of the families of victims of violent crime, both in and outside of court, from intimidation and taunting. The report may make recommendations for civil or criminal penalties. The Secretary shall file these recommendations with the House and Senate Chairs of the Joint Committee on Judiciary and the Clerks of the House and Senate on or before January 15, 2024.

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An Act related to indigency

H1561

HD1877

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:39:50.877'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:39:50.8766667'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1561) of Daniel J. Hunt for legislation relative to indigency. The Judiciary.

SECTION 1. Section 27A of chapter 261 is hereby amended by striking out the definition of “indigent” and inserting in place thereof the following: ''Indigent'', (a) a person who receives one of the following types of public assistance: transitional aid to families with dependent children, emergency aid to elderly, disabled and children, supplemental nutrition assistance program benefits, refugee cash assistance, need-based veterans' benefits or SSI state supplemental program benefits; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty guidelines established annually by the Department of Health and Human Services pursuant to Section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which he is involved or is unable to do so without depriving himself or his dependents of the necessities of life, including food, shelter and clothing, but a prisoner shall not be adjudged indigent pursuant to section 27C unless the prisoner has complied with the procedures set forth in section 29 and the court finds that the prisoner is incapable of making payments under the plans set forth in said section 29. Section 27A of chapter 261 is hereby further amended by striking out the word “Inmate” and inserting in place thereof the word “Prisoner”: '' Prisoner”, a person committed to, held by or in the custody of the department of correction or a state, county or federal correctional facility or the treatment center under chapter 123A. Section 29 of chapter 261 is hereby amended by striking the word “inmate” wherever it appears and replacing it with the word “prisoner.” Section 2A of Chapter 211D is hereby amended by striking out the second paragraph of section 2A (c) and inserting in place thereof the following: At any time the court receives information causing its determination of a person’s indigency status to be in doubt, the court shall order the chief probation officer or the officer's designee to reassess the financial circumstances of the person to ensure that the person meets the definition of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a written report certifying that the person meets, or does not meet, the definition of indigency. Said chapter 211D is further amended by amending section 2A (d) as follows: (d) If a criminal defendant is charged with a second or further offense while continuing to be represented by court-appointed counsel for a previously charged offense, the court in its discretion shall determine whether any further determination of indigency need be undertaken. Upon completion of a reassessment, the chief probation officer shall prepare a written report of the officer's findings. The chief probation officer or the officer's designee shall sign the report, certifying that the defendant either continues to meet or no longer meets the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the defendant's next court appearance. If, upon receipt of the report, a judge finds that the defendant no longer meets the definition of indigency, the judge shall revoke the appointment of counsel and allow the defendant a reasonable continuance to obtain new counsel. Said chapter 211D is further amended by striking out section 2A (f), (g), (h) and (i).

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An Act reducing the storage of obsolete papers

H1562

HD1878

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:57:32.05'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:57:32.05'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1562) of Daniel J. Hunt relative to reducing the storage of obsolete court papers. The Judiciary.

SECTION 1. Section 27A of chapter 221 of the General Laws, as amended by section 124 of chapter 46 of the acts of 2015, is hereby further amended in paragraph (1) by adding at the end there of the following:- “The Supreme Judicial Court may by rule or order make exceptions to this ten year retention requirement for papers filed in or relating to matters involving alleged violations of laws, rules or regulations regarding motor vehicle civil infractions, motor vehicle parking, littering, bicycles, pedestrians, municipal dog control, or non-criminal dispositions of municipal ordinance or by-law violations, or other non-criminal regulatory offenses.”

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An Act relative to aggressive panhandling on or adjacent to public ways

H1563

HD1884

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:44:00.103'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:44:00.1033333'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1563) of Daniel J. Hunt relative to prohibiting certain disorderly begging or panhandling and providing a penalty for violations. The Judiciary.

Chapter 272 of the General Laws is hereby amended by inserting after section 67 the following section:- Section 67A. A person begging, or panhandling, to receive funds or alms: (i) within 20 feet of a public way; and (ii) in a manner that is disorderly or disturbing, or which involves profane, obscene or indecent language or behavior, may be punished by no more than 3 months in the house of correction.

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An Act relative to the sex offender registry

H1564

HD1885

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:39:09.167'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T19:39:09.1666667'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1564) of Daniel J. Hunt for legislation to require sex offenders to submit a current color photograph to the sex offender registry. The Judiciary.

Amends sections 178D, 178J and 178k of chapter 6 in the MGLs by striking out the following, "a photograph of the sex offender, if available"; further, inserting in place thereof, "a current color photograph"

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An Act relative to the safety of courthouses and remote court proceedings

H1565

HD1895

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:35:08.307'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:35:08.3066667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-04-11T15:25:40.2333333'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1565) of Daniel J. Hunt relative to the safety of courthouses and remote court proceedings. The Judiciary.

SECTION 1. Section 70A of chapter 221 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the words “to which they have been assigned” in lines 3-4 the following words:- “or on the grounds adjacent to the court, including court parking areas,” SECTION 2. Section 70A of chapter 221 is hereby further amended by adding the following sentence in line 6: - “Said court officers and those authorized to act as court officers shall also have police powers when attending a court proceeding convened in a location other than a court house, when escorting jurors on court business, when escorting a judicial officer, or when participating in the care, custody or transport of detainees.”

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An Act relative to judicial security act

H1566

HD1896

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:31:47.693'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:31:47.6933333'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1566) of Daniel J. Hunt relative to the public posting or displaying of the personal information of certain protected judicial officials and their family members. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 156 the following chapter:- CHAPTER 221D. MASSACHUSETTS JUDICIAL SECURITY ACT Section 1. Definitions (1) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: “data broker” a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information. "immediate family" the spouse, child, or parent or any other blood relative who lives in the same residence as a justice or retired justice of the supreme judicial court, appeals court or trial court. "personal information" the Social Security number, home address, home phone number, mobile phone number, or personal email of, and identifiable to, that individual “Protected Individual” a justice or retired justice of the supreme judicial court or appeals court, a judge, recall judge or retired judge of the trial court. Section 2. (a) No state agency, county agency or municipal agency shall publicly post or display the personal information of any protected individual on the internet without first obtaining the written permission of that individual. (b) Each protected individual may file a written notice of their status as a protected individual, for themselves and immediate family to any state agency, county agency or municipal agency; and ask each state agency, county agency or municipal agency to mark as confidential that protected individual’s personal information. (c) Upon receipt of a written request in accordance with this section, the state agency, county agency or municipal agency shall remove the protected individual’s personal information from publicly available content within 72 hours. Section 3. (a) It shall be unlawful for a data broker to sell, license, trade, purchase, or otherwise provide or make available for consideration a protected individual’s personal information. (b) No person, business, or association shall publicly post or publicly display the personal information of a protected individual or a protected individual’s immediate family on the internet if the protected individual has, either directly or through an agent, made a written request of the data broker, person, business, or association to not disclose said personal information. (c) A data broker, person, business, or association, shall upon receipt of a written request in accordance with this section, remove the personal information in question from the internet within 72 hours. (d) A data broker, person, business, or association shall ensure, after receiving a written request in accordance with this section, that the protected individual’s personal information is not made available on any website or subsidiary website controlled by that data broker, person, business, or association. (e) After receiving a protected individual’s written request, no data broker, person, business, or association shall transfer the judges’ personally identifiable information to any other person, business, or association through any medium. (f) An at-risk individual whose judges' personally identifiable information is made public as a result of a violation of this Act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the at-risk individual’s costs and reasonable attorney's fees. Section 4. This Act shall take effect 120 days after the date of enactment of this Act.

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An Act regarding probation violations

H1567

HD1897

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:28:21.393'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:28:21.3933333'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1567) of Daniel J. Hunt relative to probation violations. The Judiciary.

SECTION 1. Section 133 of chapter 127 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the last sentence. SECTION 2. Section 3 of chapter 279 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 4 sentences:- If such suspended sentence is to the state prison and is revoked, the sentence shall be in full force and effect. If such suspended sentence is to the house of correction and is revoked, the court shall have discretion to impose (i) the full term of the suspended sentence; or (ii) a portion of the suspended sentence with the remaining balance suspended. If the court imposes a portion of the suspended sentence, then the remaining balance of the suspended sentence and the length of time for which the balance is suspended shall be reduced by the time served on revocation. If the court imposes less than the full term of the suspended sentence, the court shall also have discretion to revise the conditions of probation.

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An Act to increase the safety of courthouses

H1568

HD1898

{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:17:54.55'}

[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T13:17:54.55'}]

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Bill

By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1568) of Daniel J. Hunt for legislation to increase the safety of courthouses. The Judiciary.

SECTION 1. Section 10 of chapter 269 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection after subsection (o) :- (p) Whoever, not being a law enforcement officer in the performance of his official duties, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded, in a courthouse without written authorization of the trial court administrator and trial court chief justice shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means. Whoever, not being a law enforcement officer in the performance of his official duties, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded, in a courthouse with the intent to use said firearm during the commission of a crime shall be punished by imprisonment in the state prison nor more than five years or for not more than two and a half years in a jail or house of correction or by a fine of not more than five thousand dollars or by both imprisonment. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means. Notice of the provisions of subsections (p) shall be posted conspicuously at each public entrance to each courthouse.

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An Act relative to school bus stop safety

H1569

HD1718

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:42:45.973'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:42:45.9733333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:52:01.83'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:42:10.4266667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:15:46.0966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:40:31.33'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:05:50.59'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:46.6966667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:26:13.8666667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:42:21.92'}]

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Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1569) of Bradley H. Jones, Jr., and others for legislation to prohibit certain sex offenders from loitering within 500 feet of school bus stops. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47, the following new section: Section 47A. A sex offender who has been finally classified as a level 2 or level 3 sex offender, and for as long as the sex offender is obligated to register, shall be prohibited from loitering within 500 feet of a school bus stop which has been designated as such by any city, town, or school district. For the purposes of this section, loitering shall mean remaining in the prohibited location for more than 15 minutes. A sex offender who is the parent or legal guardian of a child scheduled to depart from or arrive at a school bus stop, may remain at the prohibited location in excess of 15 minutes, but only until such time as the child has departed or arrived. A sex offender who violates this section shall be punished by a fine of $500 for a first offense; for a second offense by a fine of $1,000, or by imprisonment in a house of correction for not more than 3 months, or by both such fine and imprisonment; and for a third or subsequent offense by a fine of $1,500 and not less than 3 months nor more than 2 ½ years in a house of correction. Written notification shall be made to the sex offender registry board of any such violation.

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An Act protecting benefits owed to foster children

H157

HD963

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T11:52:24.223'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T11:52:24.2233333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-07-11T07:25:43.8533333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-07-12T10:13:54.4533333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T07:51:21.09'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:47:17.3866667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-04-27T16:25:37.8466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:35:50.6933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:04:23.7466667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:27:35.3433333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T21:24:24.1666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:15:06.4533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T22:52:43.8266667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:05:42'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H157/DocumentHistoryActions

Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 157) of Tricia Farley-Bouvier and others relative to protecting benefits owed to foster children. Children, Families and Persons with Disabilities.

SECTION 1. Section 21 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Appropriate Services” the following definition:- “Benefits”, benefits under Title XVI of the Social Security Act, also referred to as “Supplemental Security Income” or “SSI”; benefits under Title II of the Social Security Act, also referred to as “Retirement, Survivors or Disability Benefits” or “RSDI”; or federal veterans benefits. SECTION 2. Said section 21 of said chapter 119, as so appearing, is hereby further amended by inserting after the definition of “Relative” the following definition:- “Representative Payee or Fiduciary”, any person or entity designated to receive benefits for a minor child under the agency rules governing such benefits. SECTION 3. Section 23 of said chapter 119, as so appearing, is hereby amended by inserting after subsection (i) the following subsection:- (j) The department shall comply with section 23C, including providing eligibility screening, payee or fiduciary assistance, appropriate notice, benefits accounting, conservation of benefits and other services relative to benefits for children and youth below the age of 22 under the custody, care, or responsibility of the department. SECTION 4. Chapter 119 of the General Laws is hereby amended by inserting after section 23B the following section:- Section 23C. (a) When a child is placed in substitute care pursuant to a voluntary placement agreement or due to court-ordered custody, the department shall make all reasonable efforts to identify within 60 days of the child being committed to custody of the department whether the child is already receiving or may be eligible to receive benefits. In reviewing eligibility, the department shall consult with the parents and others who may have information about the child’s eligibility. If the department ascertains, or has cause to believe, that the child may be eligible for benefits, it shall apply to the agency administering such benefits on the child’s behalf, in cooperation with the child’s attorney. If benefits are denied, the department shall notify the child’s attorney and consult with its legal department regarding whether to appeal the decision. The department shall review cases of children in care annually to determine whether the child may have become eligible for benefits after the initial assessment. Whenever the child is or may be eligible for SSI, the department shall, if necessary for benefits eligibility, forego claiming that child for purposes of any federal IV-E maintenance payments under Section 475(4) of the Social Security Act. The department shall designate an individual in its central office and each of its regional offices to oversee its responsibilities under this subsection. (b) If the child is already receiving benefits prior to entering department custody, the department may apply to be designated as the child’s representative payee or fiduciary. If the department is applying for benefits for the child, the department may also apply to be the representative payee or fiduciary. In either instance, in deciding whether to apply to be the representative payee or fiduciary, the department, in cooperation with the child’s attorney, shall consider the preferences mandated in 20 C.F.R. § 404.2021(c) or 20 C.F.R. § 416.621, or other applicable program rules, and apply to become representative payee or fiduciary only if there is no other suitable candidate available. Where the goal is reunification, the department shall consider whether applying to become the child’s representative payee or fiduciary will undermine the goal of reunification and be contrary to the child’s best interests. Where the department is the representative payee or fiduciary, the department shall periodically review if under current circumstances, someone other than the department is available to apply to the applicable benefits agency to assume such a role, and could better serve as representative payee or fiduciary, in the child’s best interests. (c) When the department submits an application to be appointed as a child’s representative payee or fiduciary, or applies on behalf of the child for benefits, the department shall provide prior notice to the child’s parents if parental rights have not been terminated, the legal guardian or guardians, the child’s attorney, the attorney or attorneys for the parents or legal guardian, the child’s caseworker and the child, if the child is aged 12 or older. The notice shall state that interested parties may submit information relevant to the selection of a representative payee or fiduciary for the child, and that individuals may have the right to contest the selection of a representative payee or fiduciary before the Social Security Administration or Veterans Administration. Prompt notice shall also be given to such persons regarding any communications from the Social Security Administration or Veterans Administration pertaining to acceptance or denial of benefits or the selection of a representative payee or fiduciary, as well as any appeal or other action requested by the department regarding an application for benefits. Prompt notice shall also be given to all such parties whenever a special trust account or savings account is established on behalf of the child under subsections (e) and (f). (d) When the department is the child’s representative payee or fiduciary, it shall maintain an accounting of the child’s benefits, and shall submit a report quarterly to the child, if the child is aged 12 or over, parents, if parental rights have not been terminated, guardian, counsel for the child, counsel for the parent or parents, counsel for the guardian, the child’s caseworker and the court. The report shall include a statement of the amount and source of benefits collected by the department since any prior notification; the amount of benefits paid into any account maintained on behalf of the child; any amounts deducted by the department and the reasons for the deductions; any other withdrawals from the account established for the child and the reasons for such withdrawals; and information regarding all the child’s assets and resources, including benefits, insurance, cash assets, trust accounts, and earnings. (e) If the department is the child’s representative payee or fiduciary, it shall place no less than 10 per cent of the child’s benefits in an account to be used only for the child’s personal needs. The department shall not use such funds to pay for items or activities that it ordinarily purchases for other foster children who do not receive benefits. If the child is receiving SSI benefits, the department shall ensure that any funds retained for personal needs do not exceed any federal asset limit. The balance of funds from benefits held by the department as a representative payee or fiduciary may be spent on unmet needs, subject to program requirements for administration of such benefits, and otherwise shall be conserved as savings for the child’s transition to adulthood at age 18. Any funds administered for SSI recipients above the federal asset limit shall be conserved in an Achieving a Better Life Experience (ABLE) account, authorized by Section 529A of the Internal Revenue Code of 1986, or another trust account for the child determined not to interfere with SSI or asset limitations for any other benefit program. If the child is not receiving SSI or other benefits with an asset limit, the department shall place excess funds in a savings account for the child. Benefits of a foster child shall not be used by the department to offset the cost of providing foster care. If the department is the child’s representative payee or fiduciary and receives retroactive benefits for the child, those funds shall be administered as required by program rules and placed in a separate dedicated account pursuant to applicable regulations, where necessary. (f) The department shall take steps to conserve the benefits of children receiving benefits under this paragraph to assist them in the transition to adulthood and living independently. The department shall establish accounts as specified in subsection (e) in conserving a child’s benefits. The department shall work actively with the Social Security Administration and the child to ensure that when the child leaves foster care or turns 18, all payments of benefits will be returned to the Social Security Administration to be held on the child’s behalf or, upon the instructions of Social Security Administration, transferred to the child or to a new representative payee. The department shall provide the child with ongoing financial literacy training and support, including specific information regarding the existence, availability, and use of funds conserved for the child, beginning by age 14. Financial literacy training concerning restrictions on the use of conserved funds shall also be made available to all parents, guardians, and adoptive parents gaining access to funds conserved by the department. (g) The department shall provide an annual report to the house and senate committees on ways and means, the committee on children, families and persons with disabilities, the clerks of the house and the senate and the secretary of the executive office of administration and finance, not later than September 1; provided, that the report shall set forth (i) the numbers of children committed to the department’s custody who were screened for eligibility for benefits; (ii) whether such screening occurred within 60 days of being committed to the department’s custody and if not, the date of the screening and reasons for the delay; (iii) the percentage of the children screened who were already receiving benefits; determined to possibly be eligible for benefits; and determined not to be eligible for benefits; (iv) the actions taken on behalf of such children to apply for such benefits where they have been determined to be possibly eligible, including the number and type of applications filed and approved and the number of appeals filed; (v) the percentages of such children determined to be eligible for SSI, RSDI and veterans benefits; (vi) of all such children receiving SSI, RSDI or veteran’s benefits, the number of children for whom the department is the representative payee, the number of children for whom the parent or guardian is the representative payee, and the number of children for whom another interested person is the representative payee; and (vii) the savings tools used by the department to conserve for transition the benefits of such children receiving SSI, RSDI and veterans benefits and the frequency and degree to which such tools were employed for such children during the annual review period. (h) In administering the benefits of young adults ages 18 to 22 for whom the department is acting as a representative payee or fiduciary, the department shall comply with the requirements for children under subsections (a) through (g). SECTION 5. Not later than 90 days after the effective date of this act, the secretary of the executive office of health and human services shall promulgate regulations as necessary to implement section 23C of chapter 119 of the General Laws, as inserted by this act.

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An Act relative to juror service

H1570

HD1720

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:43:46.743'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:43:46.7433333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:51:41.03'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:42:31.1666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:40:14.61'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:05:30.24'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:37.7433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1570/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1570) of Bradley H. Jones, Jr., and others relative to juror service. The Judiciary.

SECTION 1. Section 4 of chapter 234A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after subsection (8), the following new subsection:- “9. Such person is the sole owner of a business and said person’s juror service would require said person to close the business”

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An Act relative to expanding protections against incest

H1571

HD1721

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:45:32.77'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:45:32.77'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:51:20.14'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:42:51.6666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:39:23.74'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:05:07.6533333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:30.5966667'}]

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Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1571) of Bradley H. Jones, Jr., and others relative to expanding protections against incest. The Judiciary.

SECTION 1. Section 17 of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “consanguinity”, in line 1, the following words:— , affinity or adoption. SECTION 2. This act shall take effect immediately upon its passage.

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An Act prohibiting motor vehicle tracking devices without consent

H1572

HD1746

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:54:28.13'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T12:54:28.13'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:50:37.2933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:46:33.3066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:38:49.4233333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:30:39.4233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:25:14.3966667'}]

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Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1572) of Bradley H. Jones, Jr., and others relative to prohibiting motor vehicle tracking devices without consent. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 43A the following new section:- Section 43B. (a) (1) For the purposes of this section, the term “electronic mobile tracking device” shall mean any device that tracks and reveals the location of the device and transmits the location to a mobile phone or computer. (2) Except as provided in subsection (b) of this section, whoever willfully and knowingly installs, conceals, or otherwise places for use an electronic mobile tracking device in or on a motor vehicle without the consent of the operator and occupants of the vehicle for the purpose of monitoring or following the operator or occupants of the vehicle shall be guilty of the crime of criminal harassment, as provided in section 43A of chapter 265 and the punishments thereof. (b) (1) It shall not be a violation of this section if the installation, concealment, placement, or use of an electronic mobile tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal laws. (2) It shall not be a violation of this section if the installation, concealment, placement, or use of an electronic mobile tracking device in or on a motor vehicle is by a parent or legal guardian that owns or leases the vehicle, and if the device is used solely for the purpose of monitoring a minor child of the parent or legal guardian when the child is an operator of the vehicle. (3) It shall not be a violation of this section if the electronic mobile tracking device is attached to a vehicle that has been stolen from the owner for the purposes of locating the stolen vehicle, upon notice to local law enforcement. (4) It shall not be a violation of this section if an electronic mobile tracking device is installed and or used by a business that does business in the Commonwealth and the device is used for the purpose of tracking vehicles that are owned or leased by the business and driven by employees or affiliates of such business. (c) The provisions of this section shall not apply to electronic or telematic systems installed by the manufacturer of a motor vehicle or such systems used by businesses licensed to rent cars to consumers or by insurance companies upon the owner’s or vehicles lessee’s permission. (d) A violation of this section shall be punishable under the punishments provided in section 43A of chapter 265.

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An Act to ban phishing

H1573

HD1758

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:09:05.03'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:09:05.03'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:46:24.3933333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:49:13.5'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:41:08.15'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:42:03.01'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:55:58.71'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1573/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1573) of Bradley H. Jones, Jr., and others relative to the penalty for electronic mail message, web page, or other online service phishing. The Judiciary.

Chapter 266 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 37E the following section: SECTION 37F. (a) For the purposes of this section, the following word shall have the following meaning:- “Electronic mail message,” an electronic message or an executable program or computer file that contains an image of a message transmitted between 2 or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which an electronic delivery receipt is obtained. (b) Whoever, with intent to defraud, poses as a legitimate business using an electronic mail message, web page, or other online service, without the authorization or approval of said business, in an attempt to procure payment or personal identifying information, shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

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An Act relative to CORI fees

H1574

HD1971

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:00:04.81'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:00:04.81'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:23:34.5366667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:50:33.69'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:46:26.8333333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:35:59.7433333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:49:40.6233333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:50:45.9766667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T13:51:15.2133333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:30:02.8366667'}]

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Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1574) of Bradley H. Jones, Jr., and others relative to criminal offender record information fees. The Judiciary.

SECTION 1. Section 172A of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 6, after the word “chapter 258B,”, the following:- “or for a request made by a parent or legal guardian or legal custodian for the criminal record information of a childcare provider who has or may have direct contact with a child of such parent or a child under the care of such legal guardian or legal custodian,”

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An Act relative to profits from crime

H1575

HD1978

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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:28:38.7533333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:36:31.9833333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:52:56.7766667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T09:41:40.6733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:55:42.9133333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:00:06.7133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1575/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1575) of Bradley H. Jones, Jr., and others for legislation to authorize the Division of Victim Compensation and Assistance to monitor profits from criminal activities of incarcerated persons. The Judiciary.

SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 258E the following new chapter:- “CHAPTER 258F Section 1. (a) The following words as used in this section shall have the following meanings, unless the context otherwise requires: "Contracting party", any person, firm, corporation, partnership, association or other private legal entity which contracts for, pays, or agrees to pay a defendant consideration which it knows or reasonably should know may constitute proceeds from a crime. “Conviction”, a finding or verdict guilty or of not guilty by reason of insanity, a plea of guilty or a finding of sufficient facts to warrant a finding of guilty whether or not final judgment or sentence is imposed, or an adjudication of delinquency or of youthful offender status as defined in section 52 of chapter 119. "Crime", any violation of Massachusetts law that is punishable by imprisonment in state prison and any federal offense committed in the commonwealth that is punishable by death or imprisonment for a term of more than one year. Crime shall also include any offense committed by a juvenile which would be a crime if the juvenile were an adult. "Defendant", a person who has been charged with or convicted of a crime, or has voluntarily admitted the commission of a crime. "Division", the division of victim compensation and assistance within the department of the attorney general. "Proceeds of the crime", any assets, material objects, monies, and property obtained through the use of unique knowledge or notoriety acquired by means and in consequence of the commission of a crime from whatever source received by or owing to a defendant or his representative, whether earned, accrued, or paid before or after the disposition of criminal charges against the defendant. "Victim", any natural person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime, or the estate, legal guardian, and other family members of such person if the person is a minor, incompetent or deceased. (b) Any contracting party which contracts for, pays or agrees to pay a defendant or his representative consideration which it knows or reasonably should know may constitute proceeds of a crime shall, within 30 days of the agreement, submit to the division a copy of its contract or a summary of the terms of any oral agreement. (c) Until such time as the division makes its determinations under subsection (g), the contracting party shall file a bond, executed by the contracting party and by a surety company authorized to do business within the commonwealth, with the division equal in amount to any proceeds of the crime which by the terms of the contract would otherwise be owing to a defendant or his representative. Said bond shall be payable to the commonwealth, for the benefit of any victim aggrieved by the activity of the defendant or contracting party. (d) If the provisions of subsections (b) or (c) are violated, the division may petition the superior court for an order of enforcement. Such action shall be brought in the county in which the contracting party resides or has his principle place of business, or in Suffolk county if the contracting party does not reside or have a principal place of business in the commonwealth. Upon a finding that a contracting party has violated either subsections (b) or (c) the court shall, in addition to any other relief, impose on the contracting party a civil penalty of the value of the contract or agreement. If the court finds such violation to have been knowing or willful, it shall impose a civil penalty up to three, but not less than two, times the value of the contract or agreement. To the extent monies or other consideration received by the division as a result of such order exceed the value of the contract or agreement, they shall be deposited into the victim compensation fund maintained by the treasurer in accordance with section 4(c). Any remaining monies or consideration shall be held by the division pending the determinations required by subsection (g). (e) The division, upon receipt of a contract or other agreement to pay a defendant, shall take reasonable steps to notify all known victims of the crime about the existence of a contract or agreement. Notifications shall be made by certified mail to the victim's last known address. The division shall also provide legal notice in a newspaper of general circulation in the county in which the crime was committed to publicize the existence of proceeds related to the crime. Such notice shall be made by the division once every six months for one year from the date of receipt of the contract or agreement. The division may provide for such additional notice as it deems necessary. Failure to notify the victim shall not result in liability beyond the amount of any consideration in escrow at the time any judgment arising out of such liability is executed upon. (f) Notwithstanding any other provision of the General Laws with respect to the timely bringing of an action, any victim shall have the right to bring a civil action to recover money damages from a defendant or his legal representative within three years of the last mandatory published public notice provided for in subsection (e). (g) Within 30 days from the receipt of a contract or agreement, or upon its own initiative if no contract or agreement is submitted, the division shall determine whether the terms of the contract or agreement include proceeds as defined in subsection (a), and, if so, whether such proceeds arise from activity that is substantially related to a crime. An activity is substantially related to a crime if it principally derives from the unique knowledge or notoriety acquired by means and in consequence of the commission of a crime for which the defendant has been charged or convicted, or which the defendant has voluntarily admitted. Activity that is tangentially related to a crime, or that contains only a passing reference to a crime, shall not be determined to be substantially related. (h) In order to make the determinations required by subsection (g) the division shall be authorized to issue written civil investigative demands which may be served by certified mail, and which shall be returned within 15 days from the date of service. Whenever a person fails to comply with a civil investigative demand served on him pursuant to this section, the division may petition the superior court for an order of enforcement. Such action shall be brought in the county in which the party resides or has his principal place of business, or in Suffolk county if the party does not reside or have a principal place of business in the commonwealth. Failure to comply with an order entered under this section shall be punished as a contempt of court. All information collected by the division pursuant to this section shall be kept in accordance with the provisions of chapters 4, 66, and 66A. (i) Upon making the determinations required by subsection (g), the division may continue to hold the bond filed in accordance with subsection (c), or may require the contracting party to file a new bond equal to the amount determined by the division to constitute proceeds arising from activity that is substantially related to a crime. The bond held by the division shall be used to satisfy, in part or in full, any civil judgment obtained by a victim against the defendant arising from the crime. (j) Within 15 days of the determination required by subsection (g), the division shall notify the contracting party of its determinations by certified mail. (k) Within 15 days of the date of mailing of the notice of the division’s determination, a contracting party aggrieved by the division’s determination may appeal to the attorney general, by serving on the attorney general a written notice to that effect. Thereupon the attorney general shall immediately cause the division or his designee to hold a public hearing on the division’s action appealed from. The division shall notify the contracting party by certified mail of the determination upon appeal within 10 days of the closing of the hearing. Such notice shall include information regarding the contracting party’s right to a petition for judicial review of the determination of the division. (l) Within 30 days of the date of mailing of the notice of the division’s determination, the contracting party may file a complaint for judicial review in the superior court in the county in which the contracting party resides or has his principle place of business, or in Suffolk County if the contracting party does not reside or have a principal place of business in the commonwealth. Proceedings upon any such complaint shall be in accordance with chapter 30A. If no petition is filed within the time specified, the decision of the division shall be final. (m) The bond required in subsections (c) and (i) shall not be used to satisfy any civil judgment for a victim until the defendant has been fully and finally convicted of the crime for which he has been charged or until the defendant has voluntarily admitted the commission of the crime. (n) The division shall return to the contracting party the bond required in subsections (c) and (i) if the defendant is fully and finally prosecuted and is not convicted of the crime, or has not voluntarily admitted the commission of the crime. (o) After all civil claims instituted by victims against the defendant have been satisfied, or if no claims have been filed after three years after the last mandatory published public notice provided for in subsection (e), one half of the value of the bond required in subsections (c) and (i) shall be returned to the contracting party. The remaining portion of the bond shall be deposited into the victim compensation fund maintained by the department of the attorney general in accordance with section 4C of chapter 258C. (p) The division, acting on behalf of any victim, shall have the right to apply for any and all provisional remedies, available under civil practice law and rules, including, but not limited to, attachment, injunction, receivership and notice of pendency. (q) Any action taken by a defendant, or his representative, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this section shall be null and void.” SECTION 2. Section 2A of chapter 260 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- “Actions for torts against a criminal defendant by the victim as defined by section 1 of chapter 258D shall be tolled during any period of incarceration, parole or probation of the defendant for the crime committed against the victim.”

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An Act relative to school and public threats

H1576

HD1993

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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:32:49.9133333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:35:38.81'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:54:26.8366667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T09:48:41.7533333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:54:37.4866667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:47:53.9233333'}]

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Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1576) of Bradley H. Jones, Jr., and others relative to the penalties for knowingly communicating false reports of active shooting incidents at schools. The Judiciary.

SECTION 1. Section 14 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 15, at the beginning of paragraph (1), the following:— to behead persons at a place or location; or SECTION 2. Said section 14 of said chapter 269 of the General Laws, as so appearing, is hereby further amended by inserting in line 30, after the word “threat”, the following:, or knowingly communicates a false report of an active shooting at a school,

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An Act relative to civil asset forfeiture improvements

H1577

HD1997

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:18:35.593'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:18:35.5933333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:11:14.8833333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:55:26.72'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:45:17.1633333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:48:19.44'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:47:43.3133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1577/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1577) of Bradley H. Jones, Jr., and others relative to civil asset forfeiture improvements under the controlled substances law. The Judiciary.

SECTION 1. Subsection (d) of section 47 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 93 through 95, the words: “the commonwealth shall have the burden of proving to the court the existence of probable cause” and inserting in place thereof the following: “the commonwealth shall have the burden of proving to the court beyond a reasonable doubt”. SECTION 2. Subsection (d) of section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out the second, third and fourth paragraphs, in lines 121 through 159, inclusive, and inserting in place thereof the following: “There shall be established within the Office of the State Treasurer a Special Public Attorney and Drug Rehabilitation Trust Fund. The funds deposited into this special fund shall be utilized exclusively to support public attorneys appointed to defend individuals who can demonstrate an inability to afford representation in civil asset forfeiture proceedings, as well as to fund drug treatment, mental health treatment, rehabilitation, prevention, and education programs, or any other initiatives aimed at deterring drug or substance abuse or addressing problems arising from such abuse. In accordance with the final order of the court, moneys and proceeds from any sales shall be distributed to the Special Public Attorney and Drug Rehabilitation Trust Fund. SECTION 3. Subsection (f) of section 47 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 185, the words: “of probable cause” and inserting in place thereof the following: “of beyond a reasonable doubt”. SECTION 4. Subsection (f) of section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 197 to 203, the last sentence of paragraph (2). SECTION 5. Subsection (k) of section 47 of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 250 to 258, paragraph (2) in its entirety and inserting in place thereof the following: (2) The attorney general, each district attorney and each police department for which the state treasurer has established a special public attorney and drug rehabilitation trust fund pursuant to subsection (d) shall file an annual report with the treasurer regarding all of the following: (i) the total amount of money in the trust fund at the beginning and end of the reporting period; (ii) the total amount of money deposited into the trust fund from civil asset forfeiture during the reporting period; (iii) the total amount of money distributed from the trust fund to CPCS and drug rehabilitation programs during the reporting period; (iv) a breakdown of how the money distributed from the trust fund was used, including specific details on which CPCS and drug rehabilitation programs received funding and the amounts they received; (v) the number of cases in which assets were seized and forfeited during the reporting period; (vi) the value of assets seized and forfeited during the reporting period; (vii) a list of all expenditures made from the trust fund, including the name of the payee, the date of the payment, and the purpose of the payment; and (viii) a detailed account of the outcomes created by fund such as results from CPCS involved civil asset forfeiture cases. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record. SECTION 6. Section 47 of said chapter 94C, as so appearing, is hereby further amended by adding the following subsection:- (l) (a) In the event that any property with a value of at least $3,000 is seized by a law enforcement agency for possible forfeiture under this chapter, the seizing agency shall promptly proceed against the contraband article by filing a complaint in the circuit court within the jurisdiction where the seizure or the offense occurred, paying a filing fee of at least $1,000 and depositing a bond of $1,500 to the clerk of the court. (b) The district attorney shall impose a mandatory stay on any civil forfeiture proceedings until the criminal case related to the seized property has been fully adjudicated. (c) The stay shall remain in effect until the defendant has been convicted, acquitted, or had the charges against them dismissed, or until the time for prosecution has expired. (d) The stay shall also apply to any appeals of the criminal case. (e) Unless otherwise expressly agreed to in writing by the parties, the bond shall be payable to the claimants if the claimants prevail in the forfeiture proceeding and in any appeal. SECTION 7. Section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out the words “special law enforcement trust fund”, each time it appears, and inserting in place thereof in each instance the following words: “special public attorney and drug rehabilitation trust fund”.

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An Act relative to prejudgment interest rates

H1578

HD2025

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:59:23.777'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:59:23.7766667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:54:19.69'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:01:15.64'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:48:00.4966667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:27:42.9333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1578/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1578) of Bradley H. Jones, Jr., and others relative to prejudgment interest rates. The Judiciary.

SECTION 1. Section 6B of chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “at the rate of twelve per cent per annum” and inserting in place thereof the following:- calculated at a weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment. SECTION 2. Section 6C of said chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words “at the rate of twelve per cent per annum” and inserting in place thereof the following:- calculated at a weekly average one-year constant maturity treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding date of the judgment. SECTION 3. Said section 6C of said chapter 231 is hereby further amended by striking out, in line 8, the words “at the rate of twelve per cent annum” and inserting in place thereof the following:- calculated as set forth above.

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An Act relative to identifying costs associated with legal counsel for classification hearings

H1579

HD2026

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T17:02:00.507'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T17:02:00.5066667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:53:58.3966667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:01:36.3'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:47:51.1533333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:27:29.01'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1579/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1579) of Bradley H. Jones, Jr., and others for legislation to establish a special commission (including members of the General Court) to identify the annual costs of providing court-appointed counsel for sex offender classification hearings. The Judiciary.

SECTION 1. There is hereby established a commission to identify the annual costs of providing court-appointed counsel for sex offender classification hearings. SECTION 2. The commission shall consist of 14 members: the house and senate chairs of the joint committee on judiciary, one member of the committee to be appointed by the minority leader of the senate, and one member of the committee to be appointed by the minority leader of the house; the house and senate chairs of the joint committee on public safety and homeland security, one member of the committee to be appointed by the minority leader of the senate, and one member of the committee to be appointed by the minority leader of the house; two members appointed by the attorney general; two members to be appointed by the appointed by the Chief Justice of the Supreme Judicial Court; and two members appointed by the governor, with experience in classification hearing procedures. SECTION 3. The commission shall measure the annual costs of providing counsel for sex offender classification hearings. SECTION 4. The commission shall submit a report, including any draft legislation and regulations to the joint committee on transportation within 12 months of the enactment of this Act.

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An Act establishing the Massachusetts foster care review office

H158

HD1429

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T13:46:27.923'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-18T13:46:27.9233333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T13:18:23.8166667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T07:50:36.7466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:51:33.5566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-04-27T16:25:52.2333333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:35:27.66'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:48:26.7766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:03:13.7866667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:27:07.9966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:07:12.9233333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-26T18:23:55.1566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H158/DocumentHistoryActions

Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 158) of Tricia Farley-Bouvier and others relative to establishing the Massachusetts foster care review office. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 18B of the General Laws is hereby amended by striking out section 6A. SECTION 2. The General Laws are hereby amended by inserting after Chapter 18C the following chapter:- CHAPTER 18D. Section 1. As used in this chapter, the following words shall have the following meanings, unless otherwise noted: “Board”, the foster care review office governing board. “Council”, foster care review office interdisciplinary council. “Department”, the department of children and families. “Foster care placement”, all out-of-home placements of children, youth, or young adults by the department whether voluntarily or by court assigned custody. “FCRO”, the foster care review office created pursuant to this chapter. “Foster care review”, an administrative review of the status of each child, youth or young adult who is in foster care placement. “Local panel”, a foster care review panel of trained volunteer citizen reviewers and FCRO staff created pursuant to this chapter. “Parties”, all parties involved in a specific child, youth, or young adult case. “Permanency”, a legal, permanent family living arrangement. “Secretary”, the secretary of the executive office of health and human services. Section 2. (a) There shall be an office of foster care review, which shall be independent of any supervision or control by any executive agency. The FCRO shall be established as an independent state agency, overseen and supported by the board. (b) The FCRO shall conduct foster care case reviews every 6 months of every child in foster care placement to make determinations and recommendations regarding the placement and progress towards permanency; provide information and direct reporting to the legislature, the department, the governor, the secretary, the chief justices of the juvenile and the probate and family courts, and the public regarding the foster care system in Massachusetts; make recommendations regarding foster care policy; and ensure oversight, accountability and transparency regarding the foster care system. (1) The FCRO shall designate local panels of trained citizen reviewers to conduct foster care case reviews for every child in foster care placement at least every 6 months while in placement. (2) The FCRO shall create and implement the following: (i) Policies and procedures regarding the duties of FCRO staff, including the scheduling and conduct of case reviews, advanced notice to parties to the case, development of individual case review reports including findings and recommendations, dissemination of individual case review reports to the parties, and follow-up of individual cases; (ii) Guidelines regarding citizen reviewer qualifications and recruitment; (iii) Training programs for citizen reviewers which shall include an initial training program and periodic in-service training programs; (iv) Policies and procedures for local panels in the conduct of individual case reviews; (v) Policies and procedures for FCRO regarding the conduct of reviews, follow-up of individual cases between reviews, communication with parties, structure, format and content of individual case review reports and access to data and information; (vi) A record-keeping system for all local panel files, including individual case reviews and aggregate data; (vii) Content and format of periodic and annual FCRO aggregate reports. (3) The FCRO shall provide periodic and annual aggregate reports to the legislature, governor, secretary, the department, the chief justices of the juvenile and the probate and family courts and the public. (4) The FCRO shall have access to all relevant information regarding any child, youth or young adult eligible for foster care case review including, but not limited to, data, records and case files provided to the FCRO by the department. (5) Individual case review reports shall be provided to all parties to the legal case for judicial consideration and for the purposes of the safety and well-being of the child and permanency planning. (c) The FCRO shall be the only entity that conducts periodic, administrative foster care case reviews as required by the Adoption Assistance and Child Welfare Act of 1980 (Public Law 60 96-272). Section 3. (a) The board shall hire an FCRO executive director. (b) Any person appointed to the position of executive director shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in leadership, organizational management, collaboration, and child welfare, advocacy or law. (c) The executive director may be removed from office for cause by a majority vote of the board. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal shall be stated in writing and shall be sent to the governor, attorney general, auditor and clerks of the senate and house of representatives at the time of removal and shall be a public document. Section 4. (a) The board shall have no more than 15 members and be as geographically diverse as possible. The members shall include the child advocate or designee, a representative of the Children’s League of Massachusetts, a legal representative of the child and family division of the committee for public counsel services, a representative of the Massachusetts chapter of the American Academy of Pediatrics with expertise in the area of adverse childhood experiences, a representative of Citizens for Juvenile Justice, a representative of the Massachusetts Alliance for Families, a representative from Massachusetts commission on LGBTQ youth, a representative of the Disability Law Center, a representative of the Boston University Center for Antiracist Research, a representative of the Massachusetts chapter of the Foster Care Alumni of America, a Massachusetts-based member of FosterClub, Inc., and a representative of foster parent advocacy organization identified by Citizens for Juvenile Justice and the Commission on LGBTQ Youth, and the following persons chosen by the secretary of health and human services: 1 former department staff reviewer, and 2 citizen volunteer reviewers with a minimum of 5 years’ experience as a reviewer. (b) The representative of the Children’s League of Massachusetts and the representative from the Massachusetts chapter of the Foster Care Alumni of America shall be the co-chairs of the board. (c) The members shall have no pecuniary interest in the foster care system and shall not be employed by the FCRO, the executive office of health and human services, the department, a child welfare agency providing services on behalf of the department, the juvenile court or the probate and family court. (d) The terms of the members shall be for 3 years, with the exception of the child advocate who may serve while acting as the child advocate. Members shall not serve more than 2 consecutive terms, except that members shall serve until their successors have been appointed. (e) The Board shall meet at least 4 times each calendar year. Each member shall attend at least 2 meetings each calendar year and shall be subject to removal for failure to attend at least 2 meetings unless excused by a majority of the members of the board. (f) The board shall: (1) Recommend a FCRO executive director to be appointed by a majority vote of the governor, attorney general and auditor. (2) Hire and fire the executive director for the FCRO; (3) Annually set the salary of the executive director; and (4) Support and facilitate the work of the FCRO. (g) The executive director shall be the administrative head of the FCRO and shall devote full-time to the duties of the FCRO. The executive director shall provide information and reporting services, provide analysis of information obtained, and oversee foster care case reviews and tracking. The executive director shall, through information analysis and with the assistance of the board, (1) determine key issues of the foster care system and make recommendations to improve the system, (2) identify key areas of strength and (3) make policy recommendations. (h) The executive director of the FCRO shall be responsible for all human resource planning and management; for the duties of the office as provided by law, including the annual aggregate report and any periodic reporting; data collection and analysis; and oversight and training of local panels of citizen reviewers. The executive director shall meet at least monthly with the council to review and address issues and concerns regarding services for children, youth and families as well as individual case challenges that require escalation to address or resolve. Section 5. (a) The FCRO shall designate local panels of citizen reviewers, in geographical locations that correspond with the department’s service areas, to conduct foster care case reviews. The number of panels required is determined by the FCRO in accordance with the number of children, youth and young adults in foster care placement within each service area. The executive director of the office shall create and implement citizen volunteer recruitment efforts and select citizen volunteers from local areas to serve on local panels. A person employed by the FCRO, the department, a child welfare agency or juvenile and probate or family courts shall not be appointed to a local panel. (b) Each local panel, comprised of one FCRO staff reviewer and 2 trained citizen reviewers, shall conduct individual foster care case reviews in accordance with the policies and procedures created and implemented by the FCRO. Section 6. (a) The foster care case review shall be conducted to determine: (1) necessity, appropriateness and safety of the child, youth, or young adult’s current placement; (2) extent of the parties’ compliance with the permanency or action plan; (3) extent of progress made toward alleviating or mitigating the causes necessitating the placement; (4) extent to which services in the plan are being provided and the identification of any barriers to receiving the needed services; (5) progress made toward the permanency goal; (6) whether the permanency goal should be amended; (7) projected date by which child may be in a permanent placement; (8) goals for the next 6 months; (9) additional findings and recommendations in accordance with the child, youth, or young adult’s best interest; and (10) well-being status of the child or youth; provided, that well-being shall be of the whole child or youth and includes physical health development and safety; psychological and emotional development; social development and behavior; and cognitive development and educational achievement. (b) The local foster care case review meeting shall be facilitated by a FCRO staff reviewer who is responsible for completing the individual case review report of findings and recommendations. (c) Anyone with a role in achieving the permanency goal for the child, youth or young adult shall be invited to the review. The individual case review report shall be submitted to the department, the juvenile or probate/family court, and all other legal parties to the case within 30 days after the foster care case review. (d) The department shall comply with the FCRO individual case review findings and recommendations, subject to an appeals process developed and agreed to by the FCRO and the department. Section 7. (a) The FCRO interdisciplinary council shall include commissioner level or designee representation of the department, the office of the child advocate, the department of developmental services, the department of elementary and secondary education, the department of mental health, the department of public health, the department of transitional assistance, the department of youth services and the Massachusetts rehabilitation commission. Experts may be invited to the council meetings to address specific concerns or issues, including racial disproportionality, transition age youth, and issues and needs relating to lesbian, gay, bisexual, transgender or queer people. The council shall be chaired by the FCRO executive director and shall convene at least monthly. The FCRO shall ensure that appropriate services are being delivered in the best interest of the child, youth or young adult. (b) The council shall: (i) address and resolve case specific issues that have been elevated by the FCRO; and (ii) address systemic issues impacting progress towards permanency and services focused on the best interest of children, youth and young adults in foster care placement brought to the council’s attention by the FCRO executive director. Section 8. (a) The department shall provide the FRCO with unrestricted access to any and all information pertaining to the child, youth, or young adult’s needs including electronic and hard copy records, reports, and materials, specifically department records including evaluations conducted by external or independent providers and court evaluations. (b) The department shall notify the FCRO of a child, youth, or young adult removal from home, placement, change to placement or case closure no later than two weeks from the date of the occurrence. The FCRO shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information. Section 9. (a) The FCRO executive director shall develop internal procedures, including staffing and budget, subject to appropriation, appropriate for the effective performance of all duties and to carry out the functions of the office. Section 10. (a) The FCRO executive director shall report annually to the governor, the president of the senate, the speaker of the house of representatives, the joint committee on children, families and persons with disabilities, the chief justices of the juvenile and the probate and family courts, the secretary and the commissioner of the department on the activities of the FCRO, including, but not limited to, statistics and analysis of aggregate data from the foster care reviews regarding strengths, issues, policy concerns, and problems which have come to the attention of the FCRO and the executive director from analysis of the aggregate data. The executive director shall make recommendations to address the issues, concerns and problems identified. (b) The reports shall be made public. Section 11. No person employed by or contracted by or volunteering for the FCRO shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of duties within the scope of employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously or in bad faith. SECTION 3. (a) The board of the foster care review office, created under chapter 18D of the General Laws, as inserted by this act, shall meet no later than 90 days of the effective date of this act to initiate the development of a foster care review transition and implementation plan with a timeline. The plan shall be completed no later than 210 days of the effective date of this act. (b) The department of children and families shall assign the Foster Care Review Unit Director and an executive level employee to work with the governing board of the foster care review office on the plan and its implementation. (c) Implementation of the transition plan shall occur no longer than 15 months after the effective date of this act.

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An Act relative to the release of sex offender information to victims

H1580

HD2039

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:52:01.707'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1580/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1580) of Bradley H. Jones, Jr., and others relative to the release of sex offender information to victims. The Judiciary.

SECTION 1. Section 178I of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph, the following:— Upon the request of a victim who has enrolled in the board’s victim services unit, the board shall inform the victim of the sex offender’s final classification, as well as the sex offender’s home address, secondary address, work address and where the offender attends school.

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An Act relative to the protection of children

H1581

HD2044

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:48:18.03'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:48:18.03'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:29:35.97'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:04:50.6866667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T11:02:25.88'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:56:47.0566667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:49:26.83'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:04:24.2'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:37:09.2'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1581/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1581) of Bradley H. Jones, Jr., and others relative to the protection of children. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 13N the following section:-- Section 13O. Failure to Notify Law Enforcement of Missing or Deceased Child For the purposes of this section, the following words shall have the following meanings:-- “Person having care and custody”, a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent. “Child”, any person under 14 years of age. "Law enforcement authority'', any police department in the commonwealth or any of its political subdivisions. "Missing child or children'', any person under the age of 14 years missing from his normal and ordinary place of residence or last known whereabouts and whose whereabouts cannot be determined by the person having care and custody of such child. Whoever, having care and custody of a child, fails to notify a law enforcement authority or emergency medical personnel of the death of such child, accidental or otherwise, within 2 hours of the discovery of such known death and (i) intends to mislead a public official, (ii) intends to impede any investigation, or (iii) causes an investigation to be impeded, shall be punished by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years. Whoever, having care and custody of a child, finds the child missing and fails to notify a law enforcement authority of the missing child within 5 days and (i) intends to mislead a public official, (ii) intends to impede an investigation, or (iii) causes an investigation to be impeded, shall be punished by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years. SECTION 2. Section 13J of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 32 and 33, the words “two and one-half years in the house of correction” and inserting in place thereof the following words:- 10 years in the state prison ; and is hereby further amended by striking out, in line 39, the words “five years” and inserting in place thereof the following:- 15 years ; and is hereby further amended by striking out, in lines 39 and 40, the words “in a jail or house of correction for not more than two and one-half years” and inserting in the place thereof the following:- for 10 years in the state prison.

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An Act relative to the enticement of children online

H1582

HD2045

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:45:39.373'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:45:39.3733333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:29:57.1466667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:05:14.3366667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T11:04:52.7933333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:50:07.9233333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:51:34.1533333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:04:31.9033333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:19:18.76'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:38:35.97'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1582/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1582) of Bradley H. Jones, Jr., and others relative to the enticement of children online. The Judiciary.

SECTION 1. Section 26C of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 2, by inserting after the word “invite” the following words:-- by any means, including but not limited to: personal contact, postal mail, telephone, instant electronic messaging and electronic mail.

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An Act increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle

H1583

HD2050

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:04:34.717'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:04:34.7166667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:21:20.4733333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:06:27.5033333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:05:32.73'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:05:04.9666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1583/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1583) of Bradley H. Jones, Jr., and others relative to increasing the liability for permitting an intoxicated arrestee to operate a motor vehicle. The Judiciary.

SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 24X, the following new section:— Section 24Y. (a) Any vehicle operated by a person arrested for a violation of subparagraph (1) of paragraph (a) of section 24 or section 24L shall be removed and impounded as provided by the provisions of this section, section 69L of chapter 111 and section 2C of chapter 85 and any rule or regulation adopted thereunder, for a period not less than 12 hours from the time of such arrest. (b) Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of subparagraph (1) of paragraph (a) of section 24 or section 24L, in order to transport or accompany the arrestee from the premises of a law enforcement agency, the law enforcement agency shall provide that person with a written statement advising that person of the potential criminal and civil liability for permitting or facilitating the arrestee’s operation of a motor vehicle while the arrestee remains under the influence or impaired by alcohol, drugs, drugs and alcohol, a controlled dangerous substance, or any combination thereof. (1) The person to whom the statement is issued shall acknowledge, in writing, receipt of the statement, or the law enforcement agency shall record the fact that the written statement was provided, but the person refused to sign an acknowledgment. (2) The attorney general shall establish the content and form of the written statement and acknowledgment to be used by law enforcement agencies throughout the commonwealth. (3) Nothing in this section shall impose any obligation on a physician or other health care provider involved in the treatment or evaluation of the arrestee. (c) A motor vehicle impounded under this section may not be released unless the person claiming the motor vehicle: Presents a valid driver’s license, proof of ownership of or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that motor vehicle, or Subject to review of the district court, meets any other reasonable condition for release that is established by the law enforcement agency. (d) A law enforcement agency that impounds a motor vehicle under this section may charge a reasonable fee for towing and storage of the motor vehicle and may retain the motor vehicle until the fee is paid.

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An Act prohibiting level 3 sex offenders from residing together

H1584

HD2056

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:02:21.41'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T10:02:21.41'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:22:35.0466667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:06:48.86'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:35:19.3666667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:05:44.7266667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:13:46.0533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:25:49.1533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1584/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1584) of Bradley H. Jones, Jr., and others relative to prohibiting level 3 sex offenders from residing together. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 48 the following new section: Section 48A. A sex offender who has been finally classified as a level 3 sex offender shall be prohibited from renting, residing, or otherwise occupying a single-family dwelling or a unit in a multi-family dwelling with another finally classified level 3 sex offender, regardless of the permanent or temporary residential status of either sex offender, unless those persons are legally related by consanguinity, affinity or adoption. A sex offender who violates this section shall be punished by a fine of $1,000 or imprisonment in a house of correction for not more than 2 ½ years, or both such fine and imprisonment. Written notification shall be made to the sex offender registry board of such violation.

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An Act removing state funded counsel for sex offender classification hearings

H1585

HD2058

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:50:12.85'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:50:12.85'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:26:26.62'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:07:29.1833333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:37:03.6633333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:50:49.9166667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:21:25.4666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1585/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1585) of Bradley H. Jones, Jr., and others for legislation to remove state-funded counsel for sex offender classification hearings. The Judiciary.

SECTION 1. Section 178L of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in paragraph (a), in lines 28 through 36, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.” and inserting in place thereof the words: and his right to retain counsel to represent him at such hearing. SECTION 2. Section 178L of Chapter 6 of the General Laws, as so appearing, is hereby further amended by striking in paragraph (c), in lines 70 through 78, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.” and inserting in place thereof the words:- and his right to retain counsel to represent him at such hearing. SECTION 3. Section 178L of Chapter 6 of the General Laws, as so appearing, is hereby further amended by striking in subsection (2), in lines 91 through 94, inclusive, the sentence “The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D.” SECTION 4. Section 178M of Chapter 6 of the General Laws, as so appearing, is hereby amended by striking, in lines 3 through 6 inclusive, the sentence, “The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if such sex offender is deemed indigent in accordance with section 2 of chapter 211D.”

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An Act relative to fetal homicide

H1586

HD2063

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:20:22.74'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:20:22.7566667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:38:32.74'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:08:51.45'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T11:17:25.46'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:57:04.43'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:49:04.43'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:51:24.4366667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:35:18.0933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1586/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1586) of Bradley H. Jones, Jr., and others relative to providing for the crime of fetal homicide. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-- “Section 13O. (a) For the purposes of this section, the following words shall, unless the context indicates otherwise, have the following meanings:— “Bodily injury”, substantial impairment of the physical condition including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ including human skin or any physical condition which substantially imperils a child’s health or welfare. “Child in utero”, a member of the species homo sapiens, at any stage of development, who is carried in the womb. (b) Whoever engages in conduct that violates any of the provisions of law listed in this chapter which results in the death of, or bodily injury to, a child in utero when the conduct occurs, is guilty of a separate offense under this section. (c) (1) Except as otherwise provided in this subsection, the punishment for that separate offense is the same as the punishment provided under law for that conduct had the injury or death occurred to the unborn child’s mother. (2) An offense under this section shall not require proof that: the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or the defendant intended to cause the death of, or bodily injury to, the unborn child (d) Nothing in this section shall be construed to permit the prosecution: of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is required by law; of any person for any medical treatment of the pregnant woman or her unborn child; or of any woman with respect to her unborn child.”

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An Act relative to juvenile restitution

H1587

HD2064

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:22:06.26'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:22:06.26'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:38:02.9733333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:09:20.97'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:56:45.3166667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:48:28.5633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1587/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1587) of Bradley H. Jones, Jr., and others relative to authorizing the courts of the Commonwealth to establish a system of juvenile restitution. The Judiciary.

SECTION 1. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 62 the following new section:- “Section 62A. The court shall make all reasonable efforts to ensure that restitution is made to the victim of a juvenile offender. The court shall order that the juvenile be required to repair, replace or otherwise make restitution for damage or loss caused by his wrongful act and may impose fines in limited amounts. Restitution shall be made a condition of release, placement, or parole by the juvenile court. In cases where the court determines it is appropriate, the court may order the juvenile to make restitution directly to the court in the form of financial payments, which shall then be turned over to the victim of the offense. The court may issue such orders as are necessary for the collection of restitution, including garnishments, wage withholdings, and executions.”

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An Act protecting children from domestic violence

H1588

HD2079

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:26:31.82'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:26:31.82'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:37:01.5666667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:11:49.9733333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T11:34:34.5866667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:56:03.48'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:03:22.2666667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:52:34.3666667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:46:33.39'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T07:46:52.51'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1588/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1588) of Bradley H. Jones, Jr., and others relative to the penalty for assault or an assault and battery upon another and in the presence of a child. The Judiciary.

SECTION 1. Section 13A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- “(d) Whoever commits an assault or an assault and battery upon another within a dwelling and in the presence of a child under 16 years of age shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment. Furthermore, the law enforcement agency filing the charges shall provide the department of social services, as established in chapter 18B, with a notice of the charges, to be used at the department’s discretion.”

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An Act relative to eminent domain

H1589

HD2089

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:57:23.067'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:57:23.0666667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:25:31.9533333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:14:54.11'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:48:18.8566667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:45:26.8466667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:59:44.2633333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:10:25.64'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1589/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1589) of Bradley H. Jones, Jr., and others relative to eminent domain taking damages. The Judiciary.

SECTION 1. Chapter 79 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 1 the following new section: Section 1A. Notwithstanding any general or special law to the contrary, any agreement for damages from an eminent domain taking— for private or commercial investment— must award a minimum of two hundred percent of fair market value for the parcel of land. SECTION 2. This act shall take effect upon its passage.

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An Act to establish an acquired brain injury advisory board

H159

HD601

{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:24:22.707'}

[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:24:22.7066667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:56:31.64'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-01T16:16:44.4633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:06:24.0433333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T11:23:22.7966667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T14:04:59.93'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T14:39:27.5933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:17:20.1633333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-10T10:18:56.0933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T16:38:18.31'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-07T17:23:32.1666667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T12:00:06.3066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:04:59.6266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:33:53.1533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:34:32.2433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:32:16.4966667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:13:44.2233333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:53:40.33'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:40:21.31'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T17:20:49.3866667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:01:54.49'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H159/DocumentHistoryActions

Bill

By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 159) of Kimberly N. Ferguson and others for legislation to establish an acquired brain injury advisory board (including members of the General Court) to review, advise and report on services, supports and public policy for individuals with acquired brain injuries and their families. Children, Families and Persons with Disabilities.

SECTION 1. An acquired brain injury advisory board shall be established to collaborate with appropriate state secretariats and their agencies, members of the legislature, individuals with acquired brain injuries and their family members, providers, clinicians, advocacy groups and other key stakeholders to review, advise, and report on services and supports, and public policy there under for individuals with acquired brain injuries and their families. SECTION 2: Said advisory board shall consist of 2 members of the Senate, 1 of whom shall be appointed by the President, 1 of whom shall be appointed by the Minority Leader; 2 members of the House of Representatives, 1 of whom shall be appointed by the Speaker, 1 of whom shall be appointed by the Minority Leader; the Secretary of Health and Human Services or their designee; the Secretary of the Executive Office of Public Safety or their designee; the Secretary of Elder Affairs or their designee; the Secretary of Veterans Services or their designee; the Commissioner of the Department of Public Health or their designee; 2 members from the Massachusetts Rehabilitation Commission, 1 who shall be the Commissioner or their designee, 1 who shall be appointed by the Commissioner; the Commissioner of the Department of Developmental Services or their designee; the Commissioner of the Department of Mental Health or their designee; the MassHealth Director or their designee; the Chief Executive Officer at the Brain Injury Association of Massachusetts, Inc. or their designee; and 8 members who shall be appointed by the Governor, 2 of whom shall be family members, caretakers or significant others of a person with acquired brain injury, 2 of whom shall be individuals with acquired brain injury, including but not limited to individuals who have experienced traumatic brain injury, stroke, brain tumors or other disorders, 1 of whom shall be a community based provider of services to individuals with acquired brain injury 1 of whom shall be a community based provider of services to individuals with acquired brain injury serving minorities and other underserved populations, 1 of whom shall be from a disability advisory group or a protection and advocacy representative, 1 of whom shall be a clinician. SECTION 3. Said advisory board directives shall include, but are not limited to, reviewing data concerning the epidemiology of acquired brain injury and the needs of individuals with acquired brain injury and their families; reviewing efforts to increase access to rehabilitative, residential and integrated community based support services for persons with acquired brain injury; monitoring the implementation of the acquired brain injury commission recommendations regarding the improvement of such services; reviewing and advising on the annual brain injury strategic plan; and reviewing ongoing state public policy initiatives and state funding. SECTION 4: Said advisory board shall file a biennial report with the Governor, the Secretary of the Executive Office of Health and Human Services, the Senate President, the Speaker of the House of Representatives, and the clerks of the Senate and House of Representatives. Said report shall include but not be limited to a summary of ongoing needs of individuals with acquired brain injury, the status of progress made in increasing access to rehabilitative, residential and integrated community-based support services for individuals with acquired brain injury; and the status of progress made in implementing the acquired brain injury commission recommendations regarding the improvement of such services. SECTION 5. Said advisory board shall meet quarterly, at minimum, and may establish subcommittees as necessary to carry out its objectives.

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An Act establishing mandatory post release supervision in the Commonwealth

H1590

HD2090

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:24:17.663'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:24:17.6633333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:37:31.16'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:15:19.9066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:56:24.8566667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:44:53.5033333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:59:51.36'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:22:01.5'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:29:47.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1590/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1590) of Bradley H. Jones, Jr., and others for legislation to establish mandatory post release supervision. The Judiciary.

SECTION 1. Section 5 of chapter 27, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of the last sentence of the first paragraph the following:— The parole board shall administer and oversee mandatory post-release supervision functions as set forth in section 133D of chapter 127 and chapter 127A. SECTION 2. The General Laws are hereby amended by inserting after chapter 127 the following chapter:— CHAPTER 127A. MANDATORY POST-RELEASE SUPERVISION. Section 1. All sentences to incarceration in a house of correction, jail or state prison shall include a period of post-release supervision, excluding those for whom parole eligibility is determined by section 133A of chapter 127. Except as provided in this chapter, for individuals who complete the incarceration portion of their sentences without supervised release or are re-incarcerated for the remainder of the sentence for violating the terms of parole or probation, the period of mandatory post-release supervision shall be 25 percent of the maximum term of incarceration imposed at sentencing but in no case shall be less than nine months. Where an individual is sentenced to incarceration on multiple offenses, the greater of the maximum terms imposed at sentencing shall be used to calculate the mandatory post-release supervision period. Mandatory post-release supervision as established in this chapter shall not be imposed upon any individual who successfully completes a period of probation imposed by a court at sentencing, upon an individual who is granted a parole permit under chapter 127 and successfully completes a period of parole supervision, or upon an individual sentenced to lifetime community parole under the provisions of section 45 of chapter 265 and section 133D of chapter 127. An individual subject to the provisions of this chapter may be supervised in another jurisdiction in accordance with sections 151A through 151L of chapter 127 and shall be considered on parole for the purposes of supervision. Section 2. Upon release, an individual sentenced to a term of incarceration for not more than one year in a house of corrections or jail shall be subject to the supervision and jurisdiction of the office of the commissioner of probation during the period of mandatory post-release supervision. Upon release, an individual sentenced to a term of incarceration in a house of corrections or jail for more than one year, or in a state prison for any length of time shall be subject to the supervision and jurisdiction of the parole board during the period of mandatory post-release supervision. All persons under such supervision of the office of the commissioner of probation shall be subject to the provisions of law, rules and regulations governing probation. All persons under such supervision of the parole board shall be subject to the provisions of law, rules and regulations governing parole. The commissioner of probation and the chairman of the parole board shall establish uniform regulations for post-release supervision consistent with applicable provisions of chapter 127 and chapter 276. Nothing in this section or within said regulations shall limit the authority of the superior, municipal, district or juvenile court to impose conditions of probation supervision to protect the public or promote the rehabilitation of any person. Section 3. An individual subject to mandatory post-release supervision and who has successfully completed 9 months of supervision shall be eligible for early termination of such supervision. In the case of a person under the supervision of the office of the commissioner of probation, early termination may only occur upon an order of a court of competent jurisdiction. In the case of a person under the supervision of the parole board, early termination may only occur in accordance with procedure to be promulgated in the regulations of the parole board. In all proceedings under this section, the uniform criteria for early termination of mandatory post-release supervision shall be established jointly by the commissioner of probation and the chairman of the parole board and shall include, but not be limited to, the amount of time the individual has successfully spent under post-release supervision, success in finding permanent employment, success in establishing adequate housing, completing all counseling or substance abuse treatment programs and successful passing of all mandated post-release testing programs. Section 4. An individual who violates a condition of mandatory post-release supervision shall be subject to the provisions of this section and subject to modification or revocation proceedings initiated by the agency responsible for the violator’s supervision. The laws and judicial rules governing probation violation proceedings shall govern such modification or revocation proceedings for an individual subject to the jurisdiction of the office of the commissioner of probation. The laws and regulations governing parole violation proceedings shall govern such modification or revocation proceedings for an individual subject to the jurisdiction of the parole board. In all proceedings under this section, upon a violation, the individual may be placed under increased supervision, subjected to other conditions and intermediate sanctions, or incarcerated for not more than the maximum remaining period of post-release supervision or the remaining unserved portion of the sentence, whichever is greater, if such violation does not otherwise constitute a criminal offense. In all cases where the individual is not being incarcerated for a violation, such individual shall participate in an intermediate sanction through the office of community corrections as established in chapter 211F, the level of which is to be determined by the commissioner of probation or the chairman of the parole board, whoever has supervision authority over the individual. In the case of any violation for use of controlled substances or an offense for operating under the influence of drugs or alcohol, the period of mandatory post-release supervision shall be extended to accommodate an appropriate substance abuse program, but the total shall not exceed the maximum supervisory period permitted by section 1 of chapter 127A. For any violation of the conditions of mandatory post-release supervision, the period of supervision shall be stayed during a period of incarceration and it shall be resumed upon release. If such violation constitutes a criminal offense, said period of incarceration shall be served on and after any sentence received as a result of the new offense. Upon subsequent release, the greater of the maximum sentences of the original offense and subsequent offense shall be used to calculate the new mandatory post-release supervision period. Section 5. All mandatory post-release supervision shall be deemed completed if any of the following conditions are met: except as provided in section 4 of this chapter, the individual serves a post-release supervision period of 25 percent of the maximum term of incarceration imposed at sentencing, or nine months, whichever is greater; the individual is granted early termination under section 3 of this chapter; or if upon completion of the sentence, the individual is immediately committed to the custody of any other state to serve a period of incarceration greater than or equal to the post-release supervision period required under this chapter; or if upon completion of the sentence, the individual is immediately committed to the custody of any federal or immigration authority. Mandatory post-release supervision shall be stayed for any period an individual is in custody pursuant to any order of custody under chapter 123A. Section 6. Where any provision of this chapter or the application thereof to any person or circumstance, shall, for any reason, be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SECTION 3. Section 85 of chapter 276, as so appearing, is hereby amended by adding the following at the end of the last sentence:— Probation officers powers and duties shall include mandatory post-release supervision as set forth in chapter 127A. SECTION 4. Section 99 of chapter 276 is hereby amended by adding the following new clause:— (11) Oversee mandatory post-release supervision functions as set forth in chapter 127A. SECTION 5. Section 24 of chapter 279, as so appearing , is hereby amended in line 14 by striking the words “shall be not less than 15 years” and inserting after the words the following words:— must be at least 20 percent greater than the minimum term. SECTION 6. The provisions of this chapter shall take effect on January 1, 2024 and the provisions contained herein shall apply to all felonies and misdemeanors committed on or after that date. All offenses committed prior to January 1, 2024 shall be governed by the laws, including but not limited to those on sentencing, parole, and probation, in effect at the time the offense is committed.

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An Act providing protections against predatory guardianship

H1591

HD2443

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:13:31.147'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:13:31.1466667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:45:29.57'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:16:58.3666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T17:26:21.1766667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:00:38.94'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:53:44.8233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1591/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1591) of Bradley H. Jones, Jr., and others for legislation to further regulate guardianship. The Judiciary.

SECTION 5-304 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (7) and adding in place thereof the following subdivision:- (7) the person’s legal counsel, if counsel is retained by the person. Said section 5-304 is further amended by adding the following subdivision:- (8) any other person as directed by the court. Said section 5-304 is further amended by adding the following subsection: (e) The notice shall inform the person alleged to be incapacitated or person to be protected of their legal rights, including the right to legal representation and the right to be present at any and all hearings in person. SECTION 5-305 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (3) of subsection (c) and inserting in place the following subdivision:- (3) any other person the court deems appropriate who is certified as a National Certified Guardian by the Center for Guardianship Commission within 6 months after his or her appointment. SECTION 5-309 of Chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “decision-making” in line 36 the following words:- “, as well as related expenses charged by the guardian to the incapacitated person’s estate;”

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An Act establishing a self-defense exception

H1592

HD2551

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:18:20.277'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:18:20.2766667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:39:37.59'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:19:06.6266667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T11:15:39.56'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:58:19.7866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1592/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1592) of Bradley H. Jones, Jr. and others relative to establishing a self-defense exception in the interception of wire and oral communications. The Judiciary.

SECTION 1. Subsection A of section 99 of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence in the third paragraph and inserting in place thereof the following:- Therefore, the secret use of such devices by private individuals must be prohibited, unless each of the following is true: (1) the individual is a party to the encounter that they are surveilling; (2) the individual is not employed by a law enforcement entity, nor acting under the auspices of one; and (3) the individual has a reasonable fear that the other party intends to physically harm them, another person, or themselves.

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An Act relative to the defense of private property rights through the prevention of abusive eminent domain takings in the Commonwealth

H1593

HD2562

{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-19T14:03:59.09'}

[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-19T14:03:59.09'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:02:20.05'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:20:09.69'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T23:17:45.5433333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:47:36.5033333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:56:09.33'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:45:14.5233333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T13:56:54.6833333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:22:32.2733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1593/DocumentHistoryActions

Bill

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1593) of Bradley H. Jones, Jr. and others relative to the defense of private property rights through the prevention of abusive eminent domain takings. The Judiciary.

SECTION 1. Chapter 79 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 1 the following new section: Section 1A. The taking of real estate or of any interest therein by right of eminent domain under this chapter or chapter 80A shall be effected only when necessary for the possession, occupation, and enjoyment of land by the public at large or by public agencies and shall not be effected for the purpose of commercial enterprise, private economic development, or any private use of the property. Property shall not be taken from one owner and transferred to another on the grounds that the public will benefit from a more profitable use. Whenever an attempt is made to take property for a use alleged to be public, the question of whether the contemplated use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public. In the event that property taken pursuant to this chapter or chapter 80A is not used for the purpose for which it was taken within 5 years of the taking, the governmental authority that took the property must offer to sell the property to the owner from whom it was acquired, or his or her known or ascertainable heirs or assigns, at the price which was paid for the property or for the fair market value of the property at the time of the sale, whichever is less, and if the offer is not accepted within 180 days from the date it is made, the property may be sold to any other person, but only at public sale after legal notice is given SECTION 2. This act shall take effect upon its passage.

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An Act encouraging the donation of food to persons in need

H1594

HD223

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:17:40.077'}

[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T16:17:40.0766667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T12:22:16.3233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T07:12:10.5833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T12:44:18.7666667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-12T16:20:40.54'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-10T12:56:31.5'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-23T11:14:51.5166667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-30T15:11:54.3833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T11:17:46.7133333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-20T12:41:49.77'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-08T13:55:01.7533333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:39:12.5733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:29:06.0033333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:33:40.83'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-24T12:58:58.3733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T15:30:42.5566667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:55:19.8966667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:04:52.0866667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T13:58:29.75'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:07:03.1266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T10:52:44.62'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-26T12:05:51.13'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T14:12:09.3633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:38:40.1033333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:29:36.1'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:21:47.8866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-26T12:55:36.4166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:12:55.36'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-27T16:34:56.24'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-26T10:34:15.5633333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:32:16.88'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T15:18:59.74'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:56:18.9833333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:59:55.26'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T08:57:54.95'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:22:26.8066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:03:22.03'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T16:58:52.62'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T12:57:24.5533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:20:24.97'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:03:27.92'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T12:08:17.8766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1594/DocumentHistoryActions

Bill

By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1594) of Hannah Kane and others relative to liability for civil damages for injuries related to the donation of food to persons in need. The Judiciary.

SECTION 1. Section 328 of chapter 94 of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- No person who donates food, including open-dated food whose date has passed, to a nonprofit corporation for distribution or serving by such nonprofit corporation without charge or at a charge sufficient only to cover the cost of handling such food, or to any other person, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health; and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor. SECTION 2. Said section 328 of said chapter 94 is hereby further amended by inserting after the third paragraph the following paragraph:- No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, including open-dated food whose date has passed, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of distribution or serving such food is not misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health, and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the food establishment or any person employed by or under the control of the food establishment. SECTION 3. Chapter 63 of the General Laws is hereby amended by inserting after section 38HH the following section:- Section 38II. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Food crops”, grains, fruits, nuts, vegetables, meat, dairy, or seafood. “Nonprofit food distribution organization”, means an entity located in the commonwealth that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy or selling food at a charge sufficient only to cover the cost of handling such food. (2) For taxable years beginning on or after January 1, 2024, but before January 1, 2034, any business corporation engaged in the business of farming as defined under section 1A of chapter 128, or any restaurant or similar retail food establishment as defined under subsection (h) of section 6 of chapter 64H, that donates food crops grown by the business corporation in the commonwealth or meals prepared for human consumption to a nonprofit food distribution organization shall be allowed a non-refundable credit from its net taxable income for the taxable year of the donation. The business corporation shall be allowed a credit in an amount equal to the fair market value of such food crops donated by the business corporation to a nonprofit food distribution organization during the taxable year but not to exceed an aggregate credit of $5,000 for all such donations made by the business corporation during such year. (3) A credit shall be allowed under this section only if (i) the use of the donated food crops by the donee nonprofit food distribution organization is related to providing food to the needy, (ii) the donated food crops are not transferred for use outside the commonwealth or used by the donee nonprofit food distribution organization as consideration for services performed or personal property purchased, and (iii) the donated food crops, if sold by the donee nonprofit food distribution organization, are sold at a charge sufficient only to cover the cost of handling such food. (4) In order to claim any credit under this section, the business corporation making the donation shall attach to the business’s income tax return a written certification prepared by the donee nonprofit food distribution organization. The written certification prepared by the donee nonprofit food distribution organization shall identify the donee nonprofit food distribution organization, the business corporation donating food crops to it, the date of the donation, the number of pounds of food crops donated, and the fair market value of the food crops donated. The certification shall also include a statement by the donee nonprofit food distribution organization that its use and disposition of the food crops complies with the requirements under paragraph 3. (6) Credits claimed by a partnership shall be allocated to the individual partners in proportion to their ownership or interest in such business entity. (7) The commissioner shall develop guidelines implementing the provisions of this section.

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An Act maintaining the integrity of sex offender classifications

H1595

HD957

{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T16:50:33.657'}

[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T16:50:33.6566667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:09:07.32'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1595/DocumentHistoryActions

Bill

By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 1595) of Patrick Joseph Kearney relative to reclassification of sex offenders by the Sex Offender Registry Board. The Judiciary.

SECTION 1. Section 178L of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- (3)(a) For offender-initiated motions for reclassification, the burden of proof shall be on the sex offender to show by clear and convincing evidence that his or her risk of re-offense and degree of dangerousness posed to the public have decreased following his or her final classification. In making this determination, the board may consider information used in prior classification decisions.

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An Act relative to protection of a deceased family member against foreclosure and other civil action

H1596

HD1012

{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:59:35.207'}

[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:59:35.2066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:46:59.33'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1596/DocumentHistoryActions

Bill

By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 1596) of Patrick Joseph Kearney and Vanna Howard relative to protection of deceased family members against foreclosure and other civil action. The Judiciary.

Chapter 188 of the General Laws is hereby amended by adding the following section after Section 2(d) in line 42 : SECTION 2A: This section applies to a creditor's foreclosure action or enforcement of a lien on an estate of homestead, which at the time of filing an application under this section is within probate court to obtain the appointment of a personal representative. At any stage before final judgment in a civil action or proceeding in which an estate described in this section is a party, the court may on its own motion and shall, upon application by the homestead, stay the action for the period of not less than 90 days, if the estate submits an application for stay including: 1. A letter or other communication setting forth facts stating the manner in which current probate proceedings materially affect the ability of the decedent's estate to make payments for the recurring costs of ownership. 2. A letter or other communication from the decedent's bank stating that the probate proceeding prohibits the estate's future administrator from accessing the decedent's accounts to make payments. An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense. An estate of homestead which is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional + stay based on continuing material affect of an ongoing probate proceeding on the decedent's ability to make payments. The same information required for the first application shall be included in subsequent applications. If the court refuses to grant an additional stay of proceedings, the court shall appoint counsel to represent the homestead in the action or proceeding. Once the probate court has appointed a personal administrator for the estate, a creditor may bring claims for back payments with interest. However the creditor may not charge fees based on the lateness of the payment unless the court finds, in its discretion and if the equities so require, good cause exists to assess such payments. Good cause includes but is not limited to purposeful or untimely delay by the subsequently authorized administrator to get court approval to probate the estate.

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An Act to strengthen justice and support for sex trade survivors

H1597

HD3295

{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-19T15:27:41.117'}

[{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-19T15:27:41.1166667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-20T11:48:34.8366667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-06-06T10:15:55.1233333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T15:57:18.26'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-31T14:07:39.1433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:19:35.7466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T10:51:46.45'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:15:29.2233333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-07-05T11:03:42.8966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:40:08.8'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T12:09:17.36'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:57:12.57'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T11:29:10.1266667'}, {'Id': 'REH1', 'Name': 'Russell E. 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Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-10T14:39:01.1733333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T15:16:01.6166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:33:28.36'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-13T18:53:50.5566667'}]

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1597/DocumentHistoryActions

Bill

By Representatives Keefe of Worcester and Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1597) of Mary S. Keefe, Tricia Farley-Bouvier and others for legislation to strengthen justice and support for sex trade survivors. The Judiciary.

SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the sixty-first definition the following definition:- Sixty-second, “prostituted person” shall mean any person who has been subjected to prostitution because such person: (i) is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex trafficking as defined in 22 U.S.C. 7105; (ii) engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272 as appearing in the 2020 Official Edition, or in exchange for food, shelter, clothing, education or care; (iii) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or (iv) engages in common night walking or common streetwalking under section 53 of chapter 272 as appearing in the 2020 Official Edition. SECTION 2. Section 55 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “section 50 or 51” and inserting in place thereof the following words:- “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”. SECTION 3. Said section 55 of said chapter 265 is hereby further amended by adding the following paragraph:- All monies used or intended to be used to facilitate any violation of section 8 or 53A of chapter 272 that are not provided as restitution to victims shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to the Victims of Human Trafficking Trust Fund. SECTION 4. Section 56 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 6, 8 to 9, 15, 19, 33 to 34, 43, 50 to 51, and 66, the words “section 50 or 51” and inserting in place thereof, in each instance, the following words:- “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”. SECTION 5. Section 4A of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the word “prostitute” and inserting in place thereof the following words:- “prostituted person”. SECTION 6. Section 7 of said chapter 272, as so appearing, is hereby amended by striking out, in line 1, the word “prostitute” and inserting in place thereof the following words:- “prostituted person”. SECTION 7. Said chapter 272, as so appearing, is hereby further amended by striking out section 8 and inserting in place thereof the following section:- Section 8. Whoever solicits or receives compensation for soliciting for a prostituted person, except a prostituted person who is solicited, shall be punished by imprisonment in a house of correction for not more than 2 and one-half years, or by a fine of not less than $1,000 and not more than $5,000 or by both such imprisonment and fine. SECTION 8. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) Persons who with offensive and disorderly acts or language accost or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure, shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. SECTION 9. Section 53A of said chapter 272, as so appearing is hereby amended by striking out subsection (a). SECTION 10. Section 107 of said chapter 272, as so appearing, is hereby amended by striking out, in line 2, the words “subsection (b) and subsection (c) of”. SECTION 11. Section 100K of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsections:- (c) The court shall order an expungement pursuant to this section of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions for charges of common street walking, under subsection (a) of section 53 of chapter 272 as appearing in the 2020 Official Edition, and for charges of sexual conduct with another person in return for a fee under subsection (a) of section 53A of chapter 272 as appearing in the 2020 Official Edition. (d) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6. SECTION 12. Notwithstanding any general or special law to the contrary, there shall be a special commission to review and develop a set of recommendations to prevent, identify and respond to all forms of prostitution in the commonwealth. The special commission shall consist of 17 members: (i) the secretary of the executive office of health and human services or designee, who shall serve as a co-chair; (ii) the director of the Massachusetts office for victim assistance or designee, who shall serve as a co-chair; (iii) a representative of the office of the attorney general; (iv) a representative of the department of public health; (v) a representative of the department of housing and community development; (vi) a representative of the department of children and families; (vii) a representative of the department of mental health; (viii) a representative of the executive office of labor and workforce development; (ix) a representative of My Life My Choice; (x) a representative of Living in Freedom Together; (xi) a representative of the EVA Center; (xii) a representative from an organization focused on the needs of the LBGTQ+ community; (xiii) a representative from an organization dedicated to providing treatment to those with substance use disorder; (xiv) a representative of Boston Medical Center; (xv) a representative of the Massachusetts office of refugees and immigrants; (xvi) a representative from the committee for public counsel services; and (xvii) a victim witness advocate appointed by the Massachusetts office for victim assistance. The special commission shall publish a report, which shall include, but not be limited to: (i) a review of existing government and non-government services related to the prevention, identification and support of prostituted persons and the effectiveness of such services; (ii) recommendations to increase and provide assistance to prostituted persons, including, but not limited to, housing and re-location services, physical and behavioral health care, education and job training, legal assistance, and victim compensation; (iii) strategies and best practices for launching a statewide prevention and awareness campaign that uses evidence-based educational programs and techniques to help deter youth from the commercial sex trade; and (iv) recommendations to increase existing organizations’ capacity to deliver survivor-of-prostitution-led exit programming that provides continuity of support services for survivors. The special commissione shall convene not later than 90 days after the effective date of this act and shall submit its findings and recommendations to the governor, the secretary of health and human services, the clerks of the senate and the house of representatives, the chairs of the joint committee on children, families and persons with disabilities and the chairs of the senate and house committees on ways and means not later than 18 months after the effective date of this act.

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An Act providing easier and greater access to record sealing

H1598

HD2693

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1598/DocumentHistoryActions

Bill

By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 1598) of Mary S. Keefe and others relative to the sealing of certain records. The Judiciary.

SECTION 1. Section 100A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “comply with the request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request, SECTION 2. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the third sentence the following sentences:- Notwithstanding this section or any other general or special law to the contrary, the commissioner shall seal records of criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. The clerk's office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person's legal representative, shall provide access to the sealed records to the person or the person's legal representative without said person or legal representative first obtaining a court order or having to unseal the record. SECTION 3. Section 100B of said chapter 276, as so appearing, is hereby amended by inserting after the words “comply with such request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request, SECTION 4. Said section 100B of said chapter 276, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- Notwithstanding this section or any general or special law to the contrary, the commissioner shall seal delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. SECTION 5. Said section 100B of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph: - The words “delinquent” and "delinquency” as used in section 100B shall include any offense in the juvenile court whether or not the juvenile was charged as a youthful offender. The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the sealed records to the person or the person’s legal representative without said person or legal representative first obtaining a court order or having to unseal the record. SECTION 6. Said chapter 276, as so appearing, is hereby further amended by striking out section 100Q and inserting in place thereof the following section:- Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to sections 100A, 100B, or 100C or expunged pursuant to sections 100F, 100G, 100H, 100K or 100K1/4 available for inspection in any form by any person. SECTION 7. Notwithstanding any general law or special law to the contrary, as soon as practicable, and not later than 6 months after the effective date of this act, the commissioner of probation shall seal records of: (i) criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100A of chapter 276 of the General Laws; and (ii) delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100B of chapter 276 of the General Laws. SECTION 8. This act shall take effect upon its passage.

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An Act enhancing access to abortion care

H1599

HD3434

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1599/DocumentHistoryActions

Bill

By Representative Kerans of Danvers and Senator Rausch, a joint petition (accompanied by bill, House, No. 1599) of Sally P. Kerans, Rebecca L. Rausch and others relative to further regulating access to abortion care. The Judiciary.

SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 12F by striking out, in lines 14 and 15, the words “have come in contact with” and inserting in place thereof the following words:- be at risk of contracting; and further amended by inserting after the word “diagnosis”, in line 18, the following word:- , prevention; and further amended by striking out the third paragraph. SECTION 2. Said chapter 112, as so appearing, is hereby further amended in section 12I by adding at the end thereof the following sentence:- No conscientious objection shall be valid if an abortion is required to preserve the life of a pregnant person and no medical staff other than the objector are available to perform or support the performance of the abortion. SECTION 3. Said chapter 112, as so appearing, is hereby further amended in section 12K by striking out the word “12R” and inserting in place thereof the following word:- 12R.4; and further amended by adding the following definitions:- “Abortion-related care”, a medically appropriate service complementary to the performance of an abortion. “Provider”, a licensed health care professional who, acting within their scope of practice, may lawfully perform an abortion or provide abortion-related care. “Provider facility”, a structure in which a provider performs abortions or provides abortion-related care. SECTION 4. Said chapter 112, as so appearing, is hereby further amended in section 12L by inserting after each instance of the word “abortion” the following words:- or abortion-related care; and further amended by striking the word “is” and inserting in place thereof the word:- are. SECTION 5. Said chapter 112, as so appearing, is hereby further amended in section 12M by striking the words “physician, physician assistant, nurse practitioner or nurse midwife” and inserting in place thereof the following word:- provider. SECTION 6. Said chapter 112, as so appearing and as amended by Chapter 127 of the Acts of 2022, is hereby further amended in section 12N by striking the word “physician” in each instance and inserting in place thereof the following word:- provider. SECTION 7. Said chapter 112, as amended by Chapter 127 of the Acts of 2022, is hereby further amended in section 12N½ by striking the word “physician” in each instance and inserting in place thereof the following word:- provider. SECTION 8. Section 12O of said chapter 112, as so appearing, is hereby repealed. SECTION 9. Said chapter 112, as so appearing, is hereby further amended in section 12P by striking the second sentence. SECTION 10. Said chapter 112, as so appearing, is hereby further amended in section 12Q by striking the words “performed by a physician, physician assistant, certified nurse practitioner or certified nurse midwife”. SECTION 11. Said chapter 112, as so appearing, is hereby further amended by striking out section 12R and inserting in place thereof the following sections:- Section 12R. A provider must obtain a pregnant person’s written informed consent prior to performing an abortion in a multilingual form prescribed by the commissioner of the department of public health, and the pregnant person must execute said informed consent form prior to receiving an abortion, except: (1) in an emergency, when an abortion is required to preserve the health of the pregnant person, in which case the provider may perform the abortion without an executed informed consent form; or (2) when a pregnant person is incapacitated due to vegetative state, and said pregnant person was incapacitated prior to and at all times during the pregnancy, and another person serves as legally valid health care proxy for the pregnant person, in which case the health care proxy must execute the informed consent form. A pregnant person’s signature on the consent form shall not be deemed invalid due to the pregnant person’s age. No waiting period shall be imposed between the execution of the consent form and the performance of the abortion. Providers shall maintain executed informed consent forms for a period of time and in a manner consistent with retention of other medical records. (b) The consent form and any other forms or related documents shall be confidential and shall not be released to any person other than the patient, the person whose consent is validly obtained pursuant to this section or any other applicable state or federal law, or the provider who performed the abortion, except by the patient’s written informed consent or proper judicial order. Section 12R.1. (a) No pregnant person shall be required, as a precondition to receiving health-related information, health services or medical care, to: (i) wait for any period of time, beyond the standard of care or as may be operationally necessary, after executing the informed consent form required by this chapter to initiate an abortion or abortion-related care; (ii) undergo an ultrasound inconsistent with the standard of care; (iii) review, see, or hear the results of an ultrasound; (iv) appear at a provider facility for purposes of receiving an abortion or abortion-related care more frequently or for a longer duration than is consistent with the standard of care; or (v) receive counseling or information in any format or medium that is medically inaccurate, medically unnecessary, or misleading. (b) Provider facilities shall not be required to: (i) affiliate in any way with, or be constructed within a specified distance of, a hospital, as defined in section 52 of chapter 111; (ii) construct or maintain medically unnecessary physical structures, sizes, or spaces; (iii) hire only providers with admitting privileges at a hospital, as defined in section 52 of chapter 111; or (iv) comply with any other medically unnecessary physical or operational standards or requirements. Provider facilities shall be required to comply or substantially comply with the licensure requirements for clinics providing ambulatory surgery, consistent with section 51 of chapter 111, only if the provider facility otherwise operates as a free standing ambulatory surgical center. (c) The attorney general shall enforce this section, provided that nothing herein shall preclude a private right of action asserting violations thereof. All actions must be commenced within ten years after the cause of action accrues. Section 12R.2. (a) The department of public health shall publish on its website and in print copy a listing of provider facilities opting to be included on said listing. The listing shall be updated annually, or more frequently as required or requested by a provider or provider facility. (b) The department of public health shall engage in a culturally competent and linguistically diverse public education campaign to educate providers and the public about so-called crisis pregnancy centers and pregnancy resource centers, including without limitation the lack of medical services or licensed medical professionals at said centers and the availability of licensed medical and family planning services across the commonwealth. (c) The department of veterans services shall, in consultation with the department of public health, provide information to veterans residing in the commonwealth and their families regarding available abortion services and support for obtaining those services, including without limitation financial assistance provided pursuant to chapter 118E. Section 12R.3. A person may not provide ultrasound services pertaining to a possible or actual pregnancy except under the supervision of a provider or other licensed health care professional who, acting within their scope of practice, provides medical care for people who are pregnant or may become pregnant. Section 12R.4. A health care professional working in a school based health center shall keep confidential any abortion-related information or care provided to a patient at the center.

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Legislative recommendations of the Massachusetts Teachers' Retirement System

H16

HD16

{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T15:51:04.18'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H16/DocumentHistoryActions

Letter of Transmittal

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An Act relative to individuals with intellectual or developmental disabilities

H160

HD3336

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http://malegislature.gov/api/GeneralCourts/193/Documents/H160/DocumentHistoryActions

Bill

By Representatives Finn of West Springfield and Garballey of Arlington, a petition (accompanied by bill, House, No. 160) of Michael J. Finn, Sean Garballey and others relative to individuals with intellectual or developmental disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Section 15F of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “Employ Handicapped Persons Week” and inserting in place thereof the following words:- Persons with Disabilities Employment Week. SECTION 2. Section 15LLLL of said chapter 6, as so appearing, is hereby amended by striking out, in line 2, the word “Autistic” and inserting in place thereof the following word:- Autism. SECTION 3. Section 15OOOOO of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words “disabled individuals” and inserting in place thereof the following words:- individuals with disabilities. SECTION 4. Section 56 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “and handicapped persons” and inserting in place thereof the following words:- persons and persons with disabilities. SECTION 5. Section 74 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 2, 6 and 9, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 6. Section 76 of said chapter 6, as so appearing, is hereby amended by striking out, in line 7, the word “handicaps” and inserting in place thereof the following word:- disabilities. SECTION 7. Section 77 of said chapter 6, as so appearing, is hereby amended by striking out, in line 19, the words “handicapped individual” and inserting in place thereof the following words:- individual with disabilities. SECTION 8. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 5, 34 and 58, the words “a handicapped individual” and inserting in place thereof, in each instance, the following words:- an individual with disabilities. SECTION 9. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 25, 29 and 30, and 38 the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- individuals with disabilities. SECTION 10. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 17, the words “handicapped individual’s family” and inserting in place thereof the following words:- family of the individual with disabilities. SECTION 11. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 45, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 12. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 49, the words “Handicapped person” and inserting in place thereof the following words:- Person with a disability. SECTION 13. Section 78 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “handicapped individual” and inserting in place thereof the following words:- individual with disabilities. SECTION 14. Said section 78 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 23, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with disabilities. SECTION 15. Said section 78 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 8 and 9, 15 and 16 and 17, the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- individuals with disabilities. SECTION 16. Section 78A of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 13, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 17. Section 79 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 20 and 27, the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 18. Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 25, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 19. Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 28, the words “handicapped individual” and inserting in place thereof the following words:- person with disabilities. SECTION 20. Section 81 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 8, 10, 14 and 17, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 21. Section 84 of said chapter 6, as so appearing, is hereby amended by striking out, in line 24, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 22. Section 106 of said chapter 6, as so appearing, is hereby amended by striking out, in line 11, the words “are disabled” and inserting in place thereof the following words:- have disabilities. SECTION 23. Section 131A of said chapter 6, as so appearing, is hereby amended by striking out, in line 3, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 24. Section 131B of said chapter 6, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 25. Section 143 of said chapter 6, as so appearing, is hereby amended by striking out, in line 11, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 26. Section 172 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 92 and 93, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 27. Section 172C of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words “is mentally retarded” and inserting in place thereof the following words:- has an intellectual or developmental disability. SECTION 28. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 5, the words “Disabled person” and inserting in place thereof the following words:- Person with disabilities. SECTION 29. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has a mental or physical disability. SECTION 30. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 17, the words “disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 31. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 18, the words “elderly or disabled persons” and inserting in place thereof the following words:- elderly persons or persons with disabilities. SECTION 32. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 33. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 33 and 34, the words “elderly or disabled person” and inserting in place thereof the following words:- elderly person or person with a disability. SECTION 34. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 36, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 35. Section 172E of said chapter 6, as so appearing, is hereby amended by striking out, in line 10, the words “or disabled person” and inserting in place thereof the following words:- person or person with disabilities. SECTION 36. Said section 172E of said chapter 6, as so appearing, is hereby further amended by striking out, in line 13, the words “or disabled persons” and inserting in place thereof the following words:- persons or persons with disabilities. SECTION 37. Said section 172E of said chapter 6, as so appearing, is hereby further amended by striking out, in line 21, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 38. Section 178C of said chapter 6, as so appearing, is hereby amended by striking out, in lines 60 and 138 and 139, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual or developmental disability. SECTION 39. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 236, the words “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability. SECTION 40. Said section 178K of said chapter 6, as so appearing, is hereby further amended by striking out, in line 259, the words “mentally retarded person” and inserting in place thereof the following words:- persons with an intellectual disability. SECTION 41. Section 191 of said chapter 6, as so appearing, is hereby amended by striking out, in line 17, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 42. Section 16D of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in lines 58 and 59, the words “the disabled and chronically ill” and inserting in place thereof the following words:- persons with disabilities and chronically ill persons. SECTION 43. Section 16R of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 44. Section 18B of said chapter 6A, as so appearing, is hereby amended by striking out, in line 150, the words “the disabled community” and inserting in place thereof the following words:- the disability community. SECTION 45. Section 2 of chapter 6C of the General Laws, as so appearing, is hereby amended by striking out, in lines 82 and 85, the words “a disabled rider advocate” and inserting in place thereof, in each instance, the following words:- an advocate for riders with disabilities. SECTION 46. Section 5 of chapter 6D of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “in racial, ethnic and disabled communities” and inserting in place thereof the following words:- by race, ethnicity and disability. SECTION 47. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 48. Section 50 of said chapter 7, as so appearing, is hereby amended by striking out, in lines 34 and 35, and 37, the words “or disabled workers” and inserting in place thereof, in each instance, the following words:- workers or workers with disabilities. SECTION 49. Section 27 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 50. Section 9 of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 51. Section 38 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “retarded children” and inserting in place thereof the following words:- children with an intellectual or developmental disability. SECTION 52. Said section 38 of said chapter 10, as so appearing, is hereby further amended by striking out, in line 133, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 53. Section 15B of chapter 15 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words “visually-handicapped children” and inserting in place thereof the following words:- children with visual impairments. SECTION 54. Section 30 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “as being developmentally disabled” and inserting in place thereof the following words:- with a developmental disability. SECTION 55. Section 13 of chapter 15D of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the words “disabled parents” and inserting in place thereof the following words:- parents with disabilities. SECTION 56. Said section 13 of said chapter 15D, as so appearing, is hereby further amended by striking out, in line 49, the words “non-disabled parents” and inserting in place thereof the following words:- parents without disabilities. SECTION 57. Section 2 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 86, the word “disabled” and inserting in place thereof the following words:- with disabilities. SECTION 58. Said section 2 of said chapter 18, as so appearing, is hereby further amended by striking out, in line 179, the words “adult handicapped” and inserting in place thereof the following words:- adults with disabilities. SECTION 59. Section 5 of said chapter 18, as so appearing, is hereby amended by striking out, in line 18, the words “the disabled and the handicapped resident” and inserting in place thereof the following words:- and residents with a disability. SECTION 60. Section 21 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11, 18 and 32, the words “an intellectual disability” and inserting in place thereof, in each instance, the following words:- intellectual or developmental disabilities. SECTION 61. Said section 21 of said chapter 19, as so appearing, is hereby further amended by striking out, in line 16, the words “and mentally retarded individuals” and inserting in place thereof the following words:- individuals and individuals with intellectual or developmental disabilities. SECTION 62. Section 4 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “the adult handicapped” and inserting in place thereof the following words:- adults with disabilities. SECTION 63. Section 40 of said chapter 19A, as so appearing, is hereby amended by striking out, in line 47, the words “disabled enrollees” and inserting in place thereof the following words:- enrollees with disabilities’. SECTION 64. Said section 40 of said chapter 19A, as so appearing, is hereby further amended by striking out, in lines 49 and 50, the words “disabled individuals” and inserting in place thereof the following words:- individuals with disabilities. SECTION 65. Section 7 of chapter 19B of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words:- mental retardation. SECTION 66. Section 8 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 3, the words:- mental retardation. SECTION 67. Said section 8 of said chapter 19B, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 68. Section 1 of chapter 19C, as so appearing, is hereby amended by striking out, in lines 4, 11 and 33 the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 69. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “disabled person’s” and inserting in place thereof in each instance, the following words:- person with a disability’s. SECTION 70. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 15, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 71. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 17 and 18, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has an intellectual, developmental or physical disability. SECTION 72. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 31 and 32, 42 and 46, the words “disabled persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 73. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 39 and 41, the words “disabled person or persons” and inserting in place thereof, in each instance, the following words:- person or persons with disabilities. SECTION 74. Section 2 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 75. Section 3 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 20 and 21 and 28 and 29, the words “disabled persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 76. Section 4 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1, 11, 16, 26, 28 and 35, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 77. Said section 4 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 29, the words “mentally disabled” and inserting in place thereof the following words:- has an intellectual or developmental disability. SECTION 78. Said section 4 of said chapter 19C, as so appearing is hereby further amended by striking out, in lines 30 and 31, the words “disabled person is physically disabled” and inserting in place thereof the following words:- person with a disability has a physical disability. SECTION 79. Section 5 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1, 13, 33, 50, 63, 73, 75 and 77 and 78, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 80. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 9 and 12, the words “disabled person’s” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 81. Section 6 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 10 and 15, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 82. Section 7 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, 18, 20 and 21, 22, 29, 35, 39 and 40, 46, 47 and 48, 59, 61, 65, 67 and 68, the words “disabled person” and inserting in place thereof, in each instance, the following words: - person with a disability. SECTION 83. Section 8 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 2, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 84. Said section 8 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 85. Section 10 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 86. Section 11 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 9, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 87. Section 13 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 88. Section 1 of chapter 19D of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “elderly or disabled individuals” and inserting in place thereof the following words:- elderly individuals or individuals with disabilities. SECTION 89. Section 14 of said chapter 19D, as so appearing, is hereby amended by striking out, in line 14, the words “the elderly and disabled” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 90. Section 16 of said chapter 19D, as so appearing, is hereby amended by striking out, in line 5, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 91. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by striking out, in lines 73 and 74, the word “retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 92. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “the physically handicapped” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 93. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 47, 48, 50 and 80 and 81, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 94. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 41, 53, 102 and 103, 109 and 110, 116 and 117, 126, 177, 179 and 187, the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with physical disabilities. SECTION 95. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 200 and 204, the words “Physically handicapped persons” and inserting in place thereof, in each instance, the following words:- Persons with physical disabilities. SECTION 96. Section 16 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “temporarily or permanently disabled by reason of” and inserting in place thereof the following words:- such a trainee or officer obtains a temporary or permanent disability caused by. SECTION 97. Section 32 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 13, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 98. Section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by striking out, in line 49, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 99. Section 15 of chapter 23E of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “disabled worker” and inserting in place thereof the following words:- worker with a disability. SECTION 100. Section 6 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 101. Section 2WWW of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 83, the words “disabled citizens” and inserting in place thereof the following words:- citizens with disabilities. SECTION 102. Section 9B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 103. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 104. Said section 1 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 82, the word “Handicap” and inserting in place thereof the following word:- Disability. SECTION 105. Section 5 of said chapter 31, as so appearing, is hereby amended by striking out, in line 30, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 106. Said section 5 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 107. Section 16 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 10 and 13, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 108. Section 47 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 32 and 33, the words “such mentally retarded person” and inserting in place thereof the following words:- a person with an intellectual disability. SECTION 109. Section 47A of said chapter 31, as so appearing, is hereby amended by striking out, in line 50, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 110. Section 63 of said chapter 31, as so appearing, is hereby amended by striking out, in line 25, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 111. Section 1 of chapter 31A of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 112. Section 21 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 279, the words “Disabled Employees” and inserting in place thereof the following words:- Employees with Disabilities. SECTION 113. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 285, the words “disabled employee” and inserting in place thereof the following words:- employee with a disability. SECTION 114. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 290 and 291, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 115. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 347, the words “disabled members” and inserting in place thereof the following words:- members with disabilities. SECTION 116. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 362, the words “disabled individual” and inserting in place thereof the following words:- individual with a disability. SECTION 117. Section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in line 418, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 118. Section 46 of said chapter 32, as so appearing, is hereby amended by striking out, in line 11, the words “become permanently disabled” and inserting in place thereof the following words:- obtained a permanent disability. SECTION 119. Section 75 of said chapter 32, as so appearing, is hereby amended by striking out, in line 11, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- to have a permanent mental or physical disability. SECTION 120. Section 80 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- have a permanent mental or physical disability caused. SECTION 121. Section 81A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent physical or mental disability caused. SECTION 122. Section 83 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- have a permanent mental or physical disability caused. SECTION 123. Section 83A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent mental or physical disability caused. SECTION 124. Section 85E of said chapter 32, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent mental or physical disability caused. SECTION 125. Section 85H of said chapter 32, as so appearing, is hereby amended by striking out, in line 4, the words “becomes permanently disabled mentally or physically” and inserting in place thereof the following words:- obtains a permanent physical or mental disability caused. SECTION 126. Said section 85H of said chapter 32, as so appearing, is hereby further amended by striking out, in line 16, the words “is disabled” and inserting in place thereof the following words:- obtains a disability. SECTION 127. Section 89E of said chapter 32, as so appearing, is hereby amended by striking out, in line 64, the words “or disabled children” and inserting in place thereof the following words:- children or children with disabilities. SECTION 128. Section 2 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in line 70, the words “handicapped child” and inserting in place thereof the following words:- child with a disability. SECTION 129. Section 88 of chapter 33 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “is disabled” and inserting in place thereof the following words:- obtains a disability. SECTION 130. Section 14B of chapter 34 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 131. Said section 14B of said chapter 34, as so appearing, is hereby further amended by striking out, in line 4, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 132. Said section 14B of said chapter 34, as so appearing, is hereby further amended by striking out, in line 9, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 133. Section 3 of chapter 38 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words “mental retardation institution” and inserting in place thereof the following words:- intermediate care facility for individuals with intellectual disabilities. SECTION 134. Said section 3 of said chapter 38, as so appearing, is hereby further amended by striking out, in line 23, the words “disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 135. Section 4E of section 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 349, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with developmental disabilities. SECTION 136. Section 21 of said chapter 40, as so appearing, is hereby amended by striking out, in lines 137, 192 and 196 and 197, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 137. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 137 and 138, 139 and 140, 192 and 193 and 197, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 138. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 142, 152 and 153, 155, 157, 182 and 198 and 199, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 139. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 152, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 140. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 177 and 178, the word “Handicapped” and inserting in place thereof the following word:- Disability. SECTION 141. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 185 and 186, the word “handicapped” and inserting in place thereof, in each instance, the following word:- disability. SECTION 142. Section 22 of said chapter 40, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “disabled veteran or handicapped person” and inserting in place thereof the following words:- veteran with a disability or person with a disability. SECTION 143. Said section 22 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 144. Section 22A of said chapter 40, as so appearing, is hereby amended by striking out, in lines 32 and 53, the words “disabled veteran” and inserting in place thereof, in each instance, the following words:- veteran with disabilities. SECTION 145. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 and 33, 35, 37, 53, 55, 58 and 68 and 69, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 146. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in line 61, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 147. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in line 64, the word “Handicapped” and inserting in place thereof the following word:- Disability. SECTION 148. Section 22D of said chapter 40, as so appearing, is hereby amended by striking out, in lines 17 and 20, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 149. Said section 22D of said chapter 40, as so appearing, is hereby further amended by striking out, in line 15, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 150. Said section 22D of said chapter 40, as so appearing, is hereby further amended by striking out, in line 17, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 151. Section 22G of said chapter 40, as so appearing, is hereby amended by striking out, in line 3, the word “handicap” and inserting in place thereof the word:- disability. SECTION 152. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out, in line 96, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 153. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 119, the words “handicapped access ramps” and inserting in place thereof the following words:- access ramps for persons with disabilities. SECTION 154. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 121, the words “physically handicapped person” and inserting in place thereof the following words:- person with a physical disability. SECTION 155. Section 6 of chapter 40R of the General Laws, as so appearing, is hereby amended by striking out, in lines 61, 65 and 67, the words “the disabled” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 156. Section 98F of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with a disability. SECTION 157. Section 86 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “permanently disabled voters” and inserting in place thereof the following words:- voters with permanent disabilities. SECTION 158. Said section 86 of said chapter 54, as so appearing, is hereby further amended by striking out, in line 27, the words “permanently disabled voters’ list” and inserting in place thereof the following words:- list of voters with permanent disabilities. SECTION 159. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in lines 714, 756 and 757, 799, 865 and 901, the words “disabled veteran” and inserting in place thereof, in each instance, the following words:- veteran with a disability. SECTION 160. Section 3D of chapter 60 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9 and 21, the word “disabled” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 161. Said section 3D of said chapter 60, as so appearing, is hereby further amended by striking out, in line 10, the words "elderly and disabled persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 162. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by striking out, in lines 102 and 103, the words “be permanently disabled” and inserting in place thereof the following words:- have a permanent disability. SECTION 163. Section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 90, the words “are disabled” and inserting in place thereof the following words:- have disabilities. SECTION 164. Section 2 of chapter 64G of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with intellectual or developmental disabilities. SECTION 165. Said section 2 of said chapter 64G, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “developmentally disabled individual” and inserting in place thereof the following words:- individual with an intellectual or developmental disability. SECTION 166. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out, in line 351, the words “to be permanently disabled” and inserting in place thereof the following words:- to have a permanent disability. SECTION 167. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 353, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 168. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 421, the words “elderly or handicapped persons” and inserting in place thereof the following words:- elderly persons or persons with disabilities. SECTION 169. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 431, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with developmental disabilities. SECTION 170. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in lines 437 and 438, the words “a developmentally disabled individual” and inserting in place thereof the following words:- an individual with developmental disabilities. SECTION 171. Section 1C of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in line 76, the words “developmentally disabled students” and inserting in place thereof the following words:- students with developmental disabilities. SECTION 172. Section 7 of chapter 71A of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “severely learning disabled” and inserting in place thereof the following words:- having a severe learning disability. SECTION 173. Section 1 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “are not disabled” and inserting in place thereof the following words:- do not have disabilities. SECTION 174. Section 3 of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 175 and 217, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services. SECTION 175. Section 8 of said chapter 71B, as so appearing, is hereby amended by striking out, in line 10, the words “disabled child” and inserting in place thereof the following words:- child with a disability. SECTION 176. Section 12A of said chapter 71B, as so appearing, is hereby amended by striking out, in line 3, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 177. Said section 12A of said chapter 71B, as so appearing, is hereby further amended by striking out, in lines 14, 26, 30 and 31 and 33, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 178. Section 12B of said chapter 71B, as so appearing, is hereby amended by striking out, in line 6, the words "disabled persons” and inserting in place thereof the words:- persons with disabilities. SECTION 179. Section 12C of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 1, 17, 31, 37, 44 and 45, 56, 65, 74 and 75 and 92, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 180. Said section 12C of said chapter 71B, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words “to be disabled” and inserting in place thereof the following words:- to have a disability. SECTION 181. Said section 12C of said chapter 71B, as so appearing, is hereby further amended by striking out, in line 50, the words “is not disabled” and inserting in place thereof the following words:- does not have a disability. SECTION 182. Section 22D of chapter 74 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4 and 6, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 183. Section 2 of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words “as developmentally disabled” and inserting in place thereof the following words:- with a developmental disability. SECTION 184. Section 12B of chapter 76 of the General Laws, as so appearing, is hereby amended by striking out, in line 197, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 185. Section 19E of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the words “to the handicapped and disadvantaged” and inserting in place thereof the following words:- to persons with disabilities and disadvantaged persons. SECTION 186. Said section 19E of said chapter 78, as so appearing, is hereby further amended by striking out, in lines 51 and 52, the words “persons who are visually impaired, mentally, physically, or emotionally handicapped” and inserting in place thereof the following words:- persons with visual, mental, physical or emotional disabilities. SECTION 187. Section 19J of said chapter 78, as so appearing, is hereby amended by striking out, in line 12, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 188. Section 2 of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in line 95, the words “otherwise handicapped children” and inserting in place thereof the following words:- other children with disabilities. SECTION 189. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 190. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 185 and 257 and 258, the words “or handicap”. SECTION 191. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 246, the words “Disabled Veteran” and inserting in place thereof the following words:- Veteran with a Disability. SECTION 192. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 262, the words “and handicap”. SECTION 193. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 307, 310 and 339, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 194. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 315, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 195. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 322, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 196. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 321, 333 and 356, the word “handicapped” and inserting in place thereof the following word:- accessible. SECTION 197. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 325, 352, 355, 358, 363, 374, 375, 376, 378 and 379, 380, 383, 384, 385, 387 and 389, the word “handicapped” and inserting in place thereof, in each instance, the following word:- disability. SECTION 198. Section 13A of said chapter 90, as so appearing, is hereby amended by striking out, in line 12, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 199. Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 189 and 191, the words “disabled veteran” and inserting place thereof, in each instance, the following words:- veteran with a disability. SECTION 200. Section 41 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “disabled veteran or a handicapped person” and inserting in place thereof the following words:- veteran with a disability or a person with a disability. SECTION 201. Section 4 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 202. Section 82 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “becomes significantly physically or medically disabled” and inserting in place thereof the following words:- obtains a significant physical or medical disability. SECTION 203. Section 103 of said chapter 93, as so appearing, is hereby amended by striking out, in line 2, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 204. Section 6 of chapter 93B of the General Laws, as so appearing, is hereby amended by striking out, in line 173, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 205. Section 295CC of chapter 94 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “handicapped person or disabled veteran number plates” and inserting in place thereof the following words:- person with a disability or veteran with a disability number plates. SECTION 206. Section 2A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 207. Section 4O of said chapter 111, as so appearing, is hereby amended by striking out, in line 24, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 208. Section 6D of said chapter 111, as so appearing, is hereby amended by striking out, in lines 2 and 23 and 24, the words “genetically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with genetic disabilities. SECTION 209. Section 24E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 210. Section 25B of said chapter 111, as so appearing, is hereby amended by striking out, in lines 56 and 57, the words “the developmentally disabled or mentally ill” and inserting in place thereof the following words:- persons with developmental disabilities or mentally ill persons. SECTION 211. Section 25C of said chapter 111, as so appearing, is hereby amended by striking out, in lines 144 and 145, and 196 and 197, the words “the mentally ill or developmentally disabled” and inserting in place thereof, in each instance, the following words:- mentally ill persons or persons with developmental disabilities. SECTION 212. Section 62J of said chapter 111, as so appearing, is hereby amended by striking out, in line 15, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 213. Section 67E of said chapter 111, as so appearing, is hereby amended by striking out, in line 42, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability. SECTION 214. Section 69E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 215. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 10, 25 and 26, 82, 94, 141, 187, 190 and 191 and 231, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with intellectual disabilities. SECTION 216. Said section 71 of said chapter 111, as so appearing, is hereby further amended by inserting after the word “mental”, in line 197, the word:- health. SECTION 217. Section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities. SECTION 218. Said section 72 of said chapter 111, as so appearing, is hereby further amended by striking out, in line 18, the words “mentally retarded and developmentally disabled persons” and inserting in place thereof the following words:- persons with intellectual and developmental disabilities. SECTION 219. Section 72M of said chapter 111, as so appearing, is hereby amended by striking out, in line 24, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 220. Section 72O of said chapter 111, as so appearing, is hereby amended by striking out, in lines 49 and 50 and 62 and 63, the words “the aged and disabled” and inserting in place thereof, in each instance, the following words:- aged persons and persons with disabilities. SECTION 221. Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out, in line 12, the word “retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 222. Section 193 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “or retarded”. SECTION 223. Section 1 of chapter 111G of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 224. Section 23A of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the words “for the handicapped” and inserting in place thereof the following words:- for persons with disabilities. SECTION 225. Section 87B½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 198, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 226. Section 87XX½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 15, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 227. Section 163 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 31 and 32, the words “physically or mentally handicapped individuals” and inserting in place thereof the following words:- individuals with physical disabilities or mental health issues. SECTION 228. Section 1 of chapter 118A of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “aged and disabled persons” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 229. Said section 1 of said chapter 118A, as so appearing, is hereby further amended by striking out, in line 7, the words “aged and disabled individuals” and inserting in place thereof the following words:- aged individuals and individuals with disabilities. SECTION 230. Said section 1 of said chapter 118A, as so appearing, is hereby further amended by striking out, in line 16, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 231. Section 7 of said chapter 118A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “aged and disabled residents” and inserting in place thereof the following words:- aged residents and residents with disabilities. SECTION 232. Section 9D of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in lines 35 and 36, the words “and disabled persons” and inserting in place thereof the following words:- persons and persons with disabilities. SECTION 233. Section 16 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 14, the words “disabled residents” and inserting in place thereof the following words:- residents with disabilities. SECTION 234. Section 16A of said chapter 118E, as so appearing, is hereby amended by striking out, in line 2, the words “disabled children” and inserting in place thereof the following words:- children with disabilities. SECTION 235. Section 16D of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 44, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 236. Section 19 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 8, the word “handicapping” and inserting in place thereof the following word:- disabling. SECTION 237. Section 31 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 16 and 39 and 40, the words “permanently and totally disabled” and inserting in place thereof, in each instance, the following words:- has a permanent and total disability. SECTION 238. Section 78 of said chapter 118E, as so appearing, is hereby amended by striking out in lines 10 and 11, the words “non-disabled persons” and inserting in place thereof the following words:- persons without disabilities. SECTION 239. Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 49 and 50, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disabilities. SECTION 240. Section 14 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “developmentally disabled” and inserting in place thereof the following words:- a person with a developmental disability. SECTION 241. Section 10 of chapter 121A of the General Laws, as so appearing, is hereby amended by striking out, in line 153, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 242. Said section 10 of said chapter 121A, as so appearing, is hereby further amended by striking out, in line 154, the words “learning disabled children” and inserting in place thereof the following words:- children with learning disabilities. SECTION 243. Section 18D of said chapter 121A, as so appearing, is hereby amended by striking out, in line 87, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 244. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out in line 96, the words “Handicapped persons” and inserting in place thereof the following words:- Persons with disabilities. SECTION 245. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 107, the words “handicapped or disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 246. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out in lines 109 and 113, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 247. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out in line 110, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 248. Section 26 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 150 and 157 and 158, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 249. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 151, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 250. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 159 and 161, the words “handicapped residents” and inserting in place thereof, in each instance, the following words:- residents with disabilities. SECTION 251. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 237 and 240, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 252. Section 32 of said chapter 121B, as so appearing, is hereby amended by striking out, in line 116, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 253. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 130 and 136, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 254. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 150, 153 and 155 and 156, the word “handicap-accessible” and inserting in place thereof, in each instance, the following word:- accessible. SECTION 255. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 181, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 256. Section 34 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words “is permanently and totally disabled” and inserting in place thereof the following words:- has a permanent and total disability. SECTION 257. Section 38 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 30, 37 and 38 and 39, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 258. Section 38A of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 2, 8 and 16, the words “the handicapped” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 259. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 7, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 260. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 11 and 12, 14, 18 and 19, 21, 25, 28 and 35 and 36, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 261. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 30, the words “physically handicapped” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 262. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 31 and 32, the words “mental retardation, emotional deficiencies” and inserting in place thereof the following words:- intellectual or developmental disabilities. SECTION 263. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “socially disadvantaged and handicapped persons” and inserting in place thereof the following words:- socially disadvantaged persons with a disability. SECTION 264. Section 38D of said chapter 121B, as so appearing, is hereby amended by striking out, in line 156, the words “elderly and handicapped persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 265. Section 39 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 3, 38 and 39, 44, 48, 50, 52, 63, 68, 73,76, 89, 97 and 100, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 266. Said section 39 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 95, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 267. Section 40 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 2, 6, 12, 19 and 20, 28 and 29 and 62 and 63, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 268. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 13, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 269. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 24 and 26, the words “the handicapped” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 270. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 27 and 41, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 271. Section 41A of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 5 and 18 and 19, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability. SECTION 272. Said section 41A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 6 and 7 and 19 and 20, the words “persons is handicapped” and inserting in place thereof, in each instance, the following words:- persons have a disability. SECTION 273. Section 42 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 6 and 19, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability. SECTION 274. Said section 42 of said chapter 121B, as so appearing, is hereby further amended by striking out in lines 7 and 20, the words “is handicapped” and inserting in place thereof, in each instance, the following words:- have a disability. SECTION 275. Section 44 of said chapter 121B, as so appearing, is hereby amended by striking out, in line 10, the words “handicapped persons” and inserting in place thereof the following words:- persons with a disability. SECTION 276. Said section 44 of said chapter 121B, as so appearing, is hereby further amended by striking out in line 11, the words “persons is handicapped” and inserting in place thereof the following words:- persons have a disability. SECTION 277. Section 2 of chapter 121E of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 278. Section 1 of chapter 122 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 279. Section 14 of said chapter 122, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 280. Section 1 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in lines 45 and 46, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 281. Section 3 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities. SECTION 282. Said section 3 of said chapter 123B, as so appearing, is hereby further amended by striking out, in line 18, the words “intellectually disabled ward” and inserting in place thereof the following words:- ward for individuals with intellectual disabilities. SECTION 283. Section 133E of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 284. Section 17C of chapter 130 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 285. Section 13 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 49, the words “mentally retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 286. Said section 13 of said chapter 131, as so appearing, is hereby further amended by striking out, in line 50, the words “mentally retarded” and inserting in place thereof the following words:- with intellectual or developmental disabilities. SECTION 287. Section 69 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “is permanently disabled” and inserting in place thereof the following words:- has a permanent disability. SECTION 288. Section 2D of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 289. Said section 2D of said chapter 132A, as so appearing, is hereby amended by striking out in line 17, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 290. Section 3W of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out in lines 6 and 7, the words “physically handicapped” and inserting in place thereof the following words:- persons with a physical disability. SECTION 291. Section 30A of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 292. Section 105D of said chapter 149, as so appearing, is hereby amended by striking out, in line 9, the words “is mentally or physically disabled” and inserting in place thereof the following words:- has mental or physical disabilities. SECTION 293. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out in line 32, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 294. Section 9 of said chapter 151, as so appearing, is hereby amended by striking out in line 5, the words “physical or mental deficiency” and inserting in place thereof the following words:- physical or mental disability. SECTION 295. Said section 9 of said chapter 151, as so appearing, is hereby further amended by striking out, in line 7, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 296. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in lines 137, 138 and 155, the word “handicap” and inserting in place thereof, in each instance, the following word:- disability. SECTION 297. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 133, 133 and 134 and 154, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 298. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 160 and 161, the words “physically or mentally handicapped person” and inserting in place thereof the following words:- person with a physical or intellectual or developmental disability. SECTION 299. Section 3 of said chapter 151B, as so appearing, is hereby amended by striking out, in line 22, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 300. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 301. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 56, the words “elderly and handicapped persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 302. Section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 191, 207, 214, 402 and 403, 414, 421, 634, 645 and 693, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 303. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 338 and 340, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 304. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 190, 207, 213 and 214, 233, 267, 296, 303, 315, 329, 364, 371, 381, 401, 469, 481, 490, 495, 502, 692, 718 and 723, the word “handicap” and inserting in place thereof, in each instance, the following word:- disability. SECTION 305. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 604, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 306. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 717, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with disabilities. SECTION 307. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in line 191, the words “a disabled employee” and inserting in place thereof the following words:- an injured and otherwise eligible employee. SECTION 308. Section 20B of said chapter 152, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “an incapacitated, disabled or deceased physician” and inserting in place thereof the following words:- a physician who is incapacitated, has a disability or is deceased. SECTION 309. Section 28 of said chapter 152, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “mentally retarded persons eighteen years of age or older unless:” and inserting in place thereof the following words:- persons age 18 or older who have an intellectual disability as defined in the current version of the Diagnostic and Statistical Manual of Mental Disorders unless:. SECTION 310. Section 37A of said chapter 152, as so appearing, is hereby amended by striking out, in line 1, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 311. Section 75B of said chapter 152, as so appearing, is hereby amended by striking out, in line 5, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 312. Section 19A of chapter 159 of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “certified handicapped or elderly” and inserting in place thereof the following words:- certified persons with disabilities or elderly. SECTION 313. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 314. Section 9 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 42, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 315. Section 25 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words “handicapping condition” and inserting in place thereof the following word:- disability. SECTION 316. Section 5 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out, in lines 26, 30 and 45, the words “disabled commuter” and inserting in place thereof, in each instance, the following words:- commuters with disabilities. SECTION 317. Said section 5 of said chapter 161B, as so appearing, is hereby further amended by striking out, in lines 37 and 38, the words “the physically disabled” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 318. Section 15E of chapter 166 of the General Laws, as so appearing, is hereby amended by striking out, in line 192, the following words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 319. Section 24 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “becomes totally and permanently disabled” and inserting in place thereof the following words:- obtains a permanent and total disability. SECTION 320. Section 36 of said chapter 175, as so appearing, is hereby amended by striking out, in line 19, the words “or disabled employees” and inserting in place thereof the following words:- employees or employees with disabilities. SECTION 321. Section 108 of said chapter 175, as so appearing, is hereby amended by striking out, in line 111, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 322. Said section 108 of said chapter 175, as so appearing, is hereby further amended by striking out, in lines 588 and 589, the words “become totally and permanently disabled” and inserting in place thereof the following words:- obtain a permanent and total disability. SECTION 323. Section 120A of said chapter 175, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 324. Section 162Q of said chapter 175, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “becomes mentally or physically disabled” and inserting in place thereof the following words:- obtains a mental or physical disability. SECION 325. Section 222 of said chapter 175, as so appearing, is hereby amended by striking out, in line 114, the words “becomes physically or mentally disabled” and inserting in place thereof the following words:- obtains a physical or mental disability. SECTION 326. Section 9 of chapter 176J of the General Laws, as so appearing, is hereby amended by striking out, in lines 40 and 155, the words “been disabled” and inserting in place thereof, in each instance, the following words:- had a disability. SECTION 327. Said section 9 of said chapter 176J, as so appearing, is hereby further amended by striking out, in line 69, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECITON 328. Said section 9 of said chapter 176J, as so appearing, is hereby further amended by striking out, in lines 73 and 159 and 160, the words “is no longer disabled” and inserting in place thereof, in each instance, the following words:- no longer has a disability. SECTION 329. Section 23D of chapter 184 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 330. Section 17A of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in line 72, the words “or mentally retarded persons” and inserting in place thereof the following words:- persons or persons with an intellectual or developmental disability. SECTION 331. Section 1 of chapter 188 of the General Laws, as so appearing, is hereby amended by striking out, in line 50, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 332. Section 2 of said chapter 188, as so appearing, is hereby amended by striking out, in lines 2, 7, 20 and 39 and 40, the words “elderly or disabled person” and inserting in place thereof, in each instance, the following words:- elderly person or person with a disability. SECTION 333. Said section 2 of said chapter 188, as so appearing, is hereby further amended by striking out, in lines 11 and 17 and 18, the words “elderly or disabled person’s” and inserting in place thereof, in each instance, the following words:- elderly person’s or person with a disability’s. SECTION 334. Section 5 of said chapter 188, as so appearing, is hereby amended by striking out, in lines 19 and 20 and 21, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 335. Section 5-101 of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the words “Mentally retarded person” and inserting in place thereof the following words:- Person with an intellectual or developmental disability. SECTION 336. Said section 5-101 of said chapter 190B, as so appearing, is hereby further amended by striking out, in line 53, the words “injured, disabled” and inserting in place thereof the following words:- injured persons, persons with disabilities. SECTION 337. Said section 5-101 of said chapter 190B, as so appearing, is hereby further amended by striking out, in line 58, the words “developmentally disabled facility” and inserting in place thereof the following words:- facility for persons with intellectual or developmental disabilities. SECTION 338. Section 5-304 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 16, the words “to be mentally retarded” and inserting in place thereof the following words:- to have an intellectual or developmental disability. SECTION 339. Section 5-309 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 57, the words “or a mental retardation facility” and inserting in place thereof the following words:- intermediate care facility for individuals with intellectual disabilities. SECTION 340. Section 5-404 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 57, the words “be developmentally disabled” and inserting in place thereof the following words:- have an intellectual or developmental disability. SECTION 341. Section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- an intellectual disability. SECTION 342. Section 25 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “mentally or physically disabled persons” and inserting in place thereof the following words:- persons with intellectual, developmental or physical disabilities. SECTION 343. Said section 25 of said chapter 211, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words “disabled community” and inserting in place thereof the following words:- the disability community. SECTION 344. Section 34 of chapter 215 of the General Laws, as so appearing, is hereby amended by striking out, in line 57, the words “is not disabled” and inserting in place thereof the following words:- does not have a disability. SECTION 345. Section 9 of chapter 221A of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “elderly and handicapped individuals” and inserting in place thereof the following words:- elderly individuals and individuals with disabilities. SECTION 346. Section 16 of chapter 224 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, 42 and 53, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 347. Section 85V of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “the physically handicapped or mentally retarded” and inserting in place thereof the following words:- persons with physical or intellectual or developmental disabilities. SECTION 348. Section 23E of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 50, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual or developmental disability. SECTION 349. Section 3 of chapter 234A of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “Physically handicapped persons” and inserting in place thereof the following words:- Persons with physical disabilities. SECTION 350. Section 4 of said chapter 234A, as so appearing, is hereby amended by striking out, in line 29, the words “is permanently disabled” and inserting in place thereof the following words:- has a permanent disability. SECTION 351. Said section 4 of said chapter 234A, as so appearing, is hereby further amended by striking out, in lines 36 and 37, the words “permanently disabled person” and inserting in place thereof the following words:- person with a permanent disability. SECTION 352. Said section 4 of said chapter 234A, as so appearing, is hereby further amended by striking out, in lines 39, 41 and 44, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 353. Section 56 of said chapter 234A, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “handicapped and elderly jurors or handicapped and elderly dependents of jurors” and inserting in place thereof the following words:- elderly jurors and jurors with disabilities, elderly dependents of jurors or juror dependents with disabilities. SECTION 354. Section 34 of chapter 235 of the General Laws, as so appearing, is hereby amended by striking out, in line 56, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 355. Section 9 of chapter 239 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 25, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 356. Said section 9 of said chapter 239, as so appearing, is hereby further amended by striking out, in line 32, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 357. Section 5B of chapter 260 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “handicap” and inserting in place thereof the following word:- “disability. SECTION 358. Section 40 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in line 110, the words “disabled abuse” and inserting in place thereof the following words:- abuse of persons with disabilities. SECTION 359. Section 13F of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2, 3, 12, 13, 14 and 15 and 15 and 16, the words “an intellectual disability” and inserting in place thereof, in each instance, the following words:- an intellectual or developmental disability. SECTION 360. Said section 13F of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 21 and 22 and 22, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual or developmental disability. SECTION 361. Section 39 of said chapter 265, as so appearing, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 362. Section 45 of said chapter 265, as so appearing, is hereby amended by striking out, in line 3, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 363. Section 123 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “and developmentally disabled persons” and inserting in place thereof the following words:- persons and persons with intellectual or developmental disabilities. SECTION 364. Section 7 of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in line 66, the words “or mentally retarded persons” and inserting in place thereof the following words:- persons or persons with intellectual or developmental disabilities. SECTION 365. Section 48 of chapter 271 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “disabled veterans” and inserting in place thereof the following words:- veterans with disabilities. SECTION 366. Section 98A of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3 and 14 and 15, the words “deaf or hearing handicapped person, or other physically handicapped person” and inserting in place thereof, in each instance, the following words:- person who is deaf or person with a hearing disability or other disability. SECTION 367. Said Section 98A of said chapter 272, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “deaf or hearing handicapped, or other physically handicapped person” and inserting in place thereof, the following words:- person who is deaf or person with a hearing disability or other disability. SECTION 368. Section 23 of chapter 273 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 369. Section 100E of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 370. Said section 100E of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has mental or physical disabilities. SECTION 371. Section 100J of said chapter 276, as so appearing, is hereby amended by striking out, in line 9, the words “disabled person” and inserted in place thereof the following words:- person with a disability.

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An Act clarifying insurance liability for foster care providers

H1600

HD1820

{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-18T09:46:02.97'}

[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-18T09:46:02.97'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:57:37.5333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-06T11:31:36.5966667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-03-03T10:53:01.3466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:31:36.5966667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-06T11:31:36.5966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T11:31:36.5966667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-06T11:31:36.5966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-07T12:27:09.45'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-15T13:41:41.3733333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-23T10:26:32.3833333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-04-20T15:07:31.93'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1600/DocumentHistoryActions

Bill

By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 1600) of Sally P. Kerans and others relative to insurance liability for foster care providers. The Judiciary.

Chapter 119 of the General Laws is hereby amended by inserting after section 33C the following new section:- INSURANCE LIABILITY FOR FOSTER CARE PROVIDERS. Providers of foster care services for children and/or youth contracted by the state’s Department of Children and Families shall not be held liable for injury to persons or damage to property caused by negligence or other action(s) or inaction(s) of the state or its employees or other third parties.

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An Act prohibiting discrimination against adults with disabilities in family and juvenile court proceedings

H1601

HD2670

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T10:20:31.16'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T10:20:31.16'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-30T10:15:36.73'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T10:15:34.34'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T10:15:34.34'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-08T18:17:20.6366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T10:50:57.16'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T11:55:01.9266667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T12:47:23.14'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:52:24.66'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-04-14T10:12:24.8966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:52:37.8766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:37:54.75'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-19T10:49:01.1'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-25T08:50:14.6966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:44:13.99'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:08:18.31'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-05-31T16:39:11.2533333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-19T10:05:09.5733333'}]

{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T10:20:31.16'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1601/DocumentHistoryActions

Bill

By Representatives Khan of Newton and Livingstone of Boston, a petition (accompanied by bill, House, No. 1601) of Kay Khan, Jay D. Livingstone and others relative to adults with disabilities in family and juvenile court proceedings. The Judiciary.

SECTION 1. Chapter 208, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by inserting after section 31A the following section:- Section 31B. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:- “Adaptive parenting equipment”, any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability. “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008. “Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including, but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters. Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in a determination of custody or of parenting time with a minor child, absent a specific showing by a preponderance of the evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. If the court considers a parent’s disability or its manifestations as a negative factor in an award of custody or of parenting time with a child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, what effect, if any, said harm has on the best interests of the child, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm. SECTION 2. Chapter 209C, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by inserting after section 10 the following section:- Section 10A. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:- “Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability. “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008. “Supportive parenting services”, services that help parents with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters. Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in a determination of custody or of parenting time with a minor child, absent a specific showing by a preponderance of the evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. If the court considers a parent’s disability or its manifestations as a negative factor in an award of custody of and or parenting time with a child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, what effect, if any, said harm has on the best interests of the child, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm. SECTION 3. Section 21 of chapter 119, as appearing in the 2018 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:- “Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability. SECTION 4. Said section of said chapter as so appearing, is hereby further amended by inserting after the eleventh paragraph the following paragraph:- “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008. SECTION 5. Said section of said chapter, as so appearing, is hereby further amended by inserting after the twenty second paragraph the following paragraph:- “Supportive parenting services”, services that help parents with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities. The term includes, but is not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, as well as accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters. SECTION 6. Said chapter, as so appearing, is hereby further amended by inserting after section 24 the following section:- Section 24A. Nothing in this chapter shall allow a parent’s disability or its manifestations, as defined in section 21 of this chapter, to be considered a negative factor in a determination of whether a child is in need of care and protection or for the removal of custody of a child from a parent, guardian, or other custodian, absent a specific showing by clear and convincing evidence made by the department, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. If the court considers a parent’s disability or its manifestations as a negative factor in determining that a child is in need of care and protection or for the removal of custody of a child from a parent, guardian, or other custodian, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit. SECTION 7. Section 3 of chapter 210, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by striking out subsection (c)(xii), as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:- Section 3(c)(xii). A failure of a parent to discharge parental responsibilities that is reasonably likely to continue for a prolonged, indeterminate period, and that results in harm to the child, and cannot be alleviated by adequate accommodations, including adaptive parenting equipment or supportive parenting services. SECTION 8. Chapter 210, as so appearing, is hereby further amended by inserting after section 3B the following section:- Section 3C. For the purposes of this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:- “Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability. “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008. “Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters. Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in determining whether to terminate parental rights, absent a specific showing by clear and convincing evidence made by the department, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. If the court considers a parent’s disability or its manifestations as a negative factor in determining whether to terminate parental rights, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit; provided further, the court shall dismiss the department’s petition under this section if the court finds that the department acted in violation of this subsection of section 3, or 42 U.S.C. 12132 or 29 U.S.C. 794. SECTION 9. Section 5-101 of chapter 190B, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by inserting before the first paragraph the following paragraph:- “Adaptive parenting equipment”, includes any piece of equipment or any item used to increase, maintain, or improve the parenting capabilities of a parent with a disability. SECTION 10. Said section of said chapter, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual, a record of such impairment, or being regarded as having such an impairment. This definition shall be broadly interpreted in a manner consistent with the Americans with Disabilities Act Amendments Act of 2008. SECTION 11. Said section of said chapter, as so appearing, is hereby further amended by inserting after the twenty fourth paragraph the following paragraph:- “Supportive parenting services”, services that help a parent with a disability compensate for those aspects of the disability that affect their ability to care for their children and that will enable them to discharge their parental responsibilities, including, but not limited to, specialized or adapted training, evaluations, assistance with effective use of adaptive equipment, peer supports or other psychosocial parental skill building therapies or services, and accommodations that allow a parent with a disability to benefit from other services, such as braille text or sign language interpreters. SECTION 12. Said chapter, as so appearing, is hereby further amended by inserting after section 5-204 the following section:- Section 5-204A. Nothing in this chapter shall allow a parent’s disability or its manifestations to be considered a negative factor in determining whether to appoint a temporary or permanent guardian for a minor child, absent a specific showing by clear and convincing evidence made by the party raising the allegation, that there is a nexus between the parent’s disability, or its manifestations, and alleged harm to the child, and that this alleged harm cannot be prevented or alleviated by accommodations for the disability, including adaptive parenting equipment or supportive parenting services. If the court considers a parent’s disability or its manifestations as a negative factor in a determination of whether to appoint a temporary or permanent guardian for a minor child, then the court shall make specific written findings as to the nexus between the parent’s disability, or its manifestations, and harm to the child, the impact this has on current parental fitness, and whether adaptive parenting equipment or supportive parenting services can alleviate said harm or render the parent fit.

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An Act relative to parentage to promote children's security

H1602

HD2745

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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T16:02:56.6033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T16:02:56.9633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T10:19:08.24'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-30T16:58:48.7666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T10:57:51.2633333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-05-30T15:37:35.8733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T11:56:46.23'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-07-05T11:13:45.0066667'}]

{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T16:02:56.603'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1602/DocumentHistoryActions

Bill

By Representatives Khan of Newton and Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 1602) of Kay Khan, Adam Scanlon and others relative to the rights and protections of children. The Judiciary.

SECTION 1. Section 1 of chapter 209C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in line 3 by inserting after the word “children.” the following sentence:- It is the public policy of the Commonwealth under this chapter, as well as under chapter 209E, that every child has the same rights and protections under law as any other child without regard to the marital status or gender of the parents or the circumstances of the birth of the child, including whether the child was born as a result of assisted reproduction or surrogacy. SECTION 1A. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in line X, the words “a man and woman” and inserting in place thereof the following word:- people. SECTION 1B. Said section 1 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, and in lines 14, 15 and 17, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 2. Said section 1 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 11 and in line 20, the words “child born out of wedlock” and inserting in place thereof, in each instance, the following words:- nonmarital child. SECTION 3. Section 2 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof the following word:- Parentage. SECTION 4. Said section 2 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 12, 13, 16, and in line 18, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 5. Said section 2 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 5, the words “paternity filed pursuant to this chapter” and inserting in place thereof the following words:- parentage filed pursuant to this chapter or chapter 209E. SECTION 6. Section 3 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 3, 7, lines 35 and 36, and in line 51, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 7. Said section 3 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “parentage”, in line 4, the following words:- under this chapter. SECTION 8. Section 4 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 11, the word “paternity”, and inserting in place thereof, in each instance, the following word:- parentage. SECTION 9. Section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, lines 19, 35, 55, 60 and 62, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 10. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “mother”, in lines 3, 7, the first time it appears, and in line 17, the following words:- person who gave birth. SECTION 11. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 4, the words “the mother” and inserting in place thereof the following words:- that person. SECTION 12, Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 4 and in line 9, the second time it appears, the word “father” and inserting in place thereof, in each instance, the following words:- other parent. SECTION 13. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in each instance, the following word:- themselves. SECTION 14. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “mother’s husband” and inserting in place thereof the following word:- spouse. SECTION 15. Said section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 24 to 37, inclusive, the words “mother and the putative father, whether either or both is a minor, and may be registered pursuant to section 11 only if the signatures of the mother and the father are notarized. If the mother of the child was or is married and the child’s birth occurs during the marriage or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage naming the putative father may be executed by the mother and the putative father only if the mother and the person who was the spouse of the mother at the time of the child’s birth or conception sign an affidavit denying that the spouse is the father of the child; provided, however, that where the marriage has been terminated by annulment or by the death of either spouse, paternity of the putative father may only be established by filing a complaint to establish paternity as provided in this chapter. A mother and a putative father” and inserting in place thereof the following words:- person who gave birth and either a presumed parent or alleged genetic parent as provided in this chapter or an intended parent as provided in Article 6 of chapter 209E, whether either or both is a minor and may be registered pursuant to section 11 only if the signatures of both signatories are notarized or witnessed. If the person who gave birth to the child was or is married and the child’s birth occurs during the marriage or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage naming the other parent may be executed by the person who gave birth and the other parent only if the person who gave birth and the person who was the spouse of the person who gave birth at the time of the child’s birth or conception sign an affidavit denying that the spouse is the parent of the child; provided, however, that where the marriage has been terminated by annulment or by the death of either spouse, parentage of the other parent may only be established by filing a complaint to establish parentage as provided in this chapter. A person who gave birth and the other parent. SECTION 15A. Subsection (b) of said section 5 of said chapter 209C, as so appearing, is hereby further amended in line 50 by inserting, after the word “chapter.” the following sentence:- For the purposes of this chapter the term “alleged genetic parent”, means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes a putative parent, an alleged genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B) an individual whose parental rights have been terminated or declared not to exist; or (C) a donor, as defined in chapter 209E, section 102. SECTION 16. Section 6 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be the father of a child and must be joined as a party” and inserting in place thereof the following words:- A person is presumed to be the parent of a child and shall be joined as a party in all actions under this chapter. SECTION 17. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 3, 6, 11,14, 16, 18 and 26, the word “he” and inserting in place thereof, in each instance, the following words:- the person. SECTION 18. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 3, 7 and 32, the word “mother” and inserting in place thereof, in each instance, the following words:- person who gave birth. SECTION 19. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity in a parental responsibility claim as provided in section four A of chapter two hundred and ten and the mother” and inserting in place thereof the following words:- the person has acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter 210 and the person who gave birth. SECTION 20. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:- (b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be joined as a party if that person’s non-parentage of the child has previously been adjudicated in a proceeding between the spouse and the person who gave birth to the child in a court or administrative agency of competent jurisdiction. SECTION 21. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by adding the following subsection:- (d) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this chapter or as follows: (1) A presumption of parentage cannot be overcome after the child attains 2 years of age unless the court determines: (i) the presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or (ii) the child has more than 1 presumed parent. (2) A proceeding to challenge the marital presumption by an alleged genetic parent who is not a presumed parent may be permitted by a court only if the alleged genetic parent proves, by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child relationship with the child. If the court permits the proceeding, the court shall adjudicate parentage under chapter 209E, section 511. (3) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child; (ii) If the presumed parent is identified as a genetic parent of the child and that identification is not successfully challenged, the court shall adjudicate the presumed parent to be a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors of chapter 209E, section 511(a) and (b). (4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under chapter 209E, section 511. SECTION 22. Section 7 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 3 and 4 and in line 8, the word “paternity” and inserting in place thereof, in each instance, the word:- parentage. SECTION 23. Section 8 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof the following word:- parentage. SECTION 24. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 7, the words “mother or putative father submits” and inserting in place thereof the following words:- person who gave birth or alleged genetic parent submits sufficient evidence, which may include evidence. SECTION 25. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the word “father or mother” and inserting in place thereof the following word:- parent. SECTION 26. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 16, the word “mother” and inserting in place thereof the following words:- person who gave birth. SECTION 26A. Section 9 of said chapter 209C, as so appearing, is hereby amended by striking out, in line X, the word “mother” and inserting in place thereof, the following word: person who gave birth. SECTION 27. Subsection (a) of section 10 of said chapter 209C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- Upon or after an adjudication or voluntary acknowledgment of parentage for a nonmarital child, the court may award custody to either parent or to them jointly or to another suitable person as hereafter further specified as may be appropriate in the best interests of the child. SECTION 28. Said section 10 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:- (b) Prior to or in the absence of an adjudication or voluntary acknowledgment of parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of an order or judgment of a probate and family court relative to custody, the person who gave birth shall continue to have custody of a child after an adjudication of parentage or voluntary acknowledgment of parentage. SECTION 29. Section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the words “putative father” and inserting in place thereof, in each instance, the following words:- alleged genetic parent, presumed parent or intended parent. SECTION 29A. Section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 3 the word “mother” and inserting in place thereof the following words:- person who gave birth to. SECTION 29B. Section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 21 the word “mother” and inserting in place thereof the following words: - person who gave birth. SECTION 30. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 7, 20, 22, 37 and 49 the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 31. Said section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 21, the word “father” and inserting in place thereof the following word:- parent. SECTION 32. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 2 and 59, the word “father” and inserting in place thereof, in each instance, the following words:- parent, presumed parent or intended parent. SECTION 33. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “be”, in line 16, the following words:- in a record signed by the person who gave birth and by the individual seeking to establish a parent-child relationship and the signatures must be and is hereby further amended by inserting after the word “public,” in line 17 and in line 77, the following words:- or witnessed. SECTION 34. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 43, the word “rescind” and inserting in place thereof the following word:- challenge. SECTION 35. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out the tenth sentence and inserting in place thereof the following sentence:- If either party rescinds the acknowledgment in a timely fashion and the basis of the acknowledgment is genetic parentage, the court shall order genetic marker testing and proceed to adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that the rescinded acknowledgment shall constitute the proper showing required for an order to submit to such testing; and provided, further, that the rescinded acknowledgment shall be admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient basis for admitting the report of the results of genetic marker tests. SECTION 36. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the following word:- nonparentage. SECTION 37. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 59, the word “a mother and father” and inserting in place thereof the following words:- parents. SECTION 38 . Said section 11 of said chapter 209C, as so appearing, is hereby further amended by adding the following subsection:- (e) If there are competing claims of parentage of a child with an acknowledged parent, the court shall adjudicate parentage as provided in section 511 of chapter 209E. SECTION 39. Section 12 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “paternity” and inserting in place thereof the following word:- parentage. SECTION 40. Section 13 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “paternity or in which paternity of a child is an issue” and inserting in place thereof the following words:- parentage or in which parentage of a child is an issue pursuant to this chapter. SECTION 41. Said section 13 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the father of the child; provided, however, that the child, the child’s mother, the person adjudicated to be the father” and inserting in place thereof the following words:- parent is adjudicated not to be the parent of the child; provided, however, that the child, the person who gave birth to the child, the person adjudicated to be the parent. SECTION 42. Said chapter 209C is hereby further amended by striking out section 14, as so appearing, and inserting in place thereof the following section:- Section 14. An action to establish parentage of a child pursuant to this chapter may be instituted during pregnancy but shall only be filed by the person to give birth or their representative or by the IV-D agency as set forth in chapter 119A on behalf of the person to give birth. In the case of any complaint brought prior to the birth of the child, no final judgment on the issue of parentage shall be made until after the birth of the child; provided, however, that the court may order temporary support or health care coverage. SECTION 43. Section 16 of said chapter 209C, as so appearing, is hereby amended by striking out subsections (c), (d) and (e) and inserting in place thereof the following 3 subsections:- (c) In an action pursuant to this chapter, the person who gave birth and the alleged parent shall be competent to testify and no privilege or disqualification created under chapter 233 shall prohibit testimony by a spouse or former spouse which is otherwise competent. If the person who gave birth is or was married, both that person and their spouse or former spouse may testify to parentage of the child. (d) In an action to establish parentage, testimony relating to sexual access to the person who gave birth by an unidentified person at any time or by an identified person at any time other than the probable time of conception of the child is inadmissible in evidence unless offered by the person who gave birth. (e) In an action to establish parentage based on alleged genetic parentage, the court may view the person who gave birth, the child and the alleged genetic parent to note any resemblance among the parties notwithstanding the absence of expert testimony. SECTION 44. Said section 16(f) of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 25, the word “mother” and inserting in place thereof the following words:- person who gave birth. SECTION 45. Said section 16 of said chapter 209C, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:- (g) All other evidence relevant to the issue of parentage of the child, custody of a child or support of a child shall also be admissible. SECTION 46. Section 17 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 1, the words “paternity of a child born out of wedlock” and inserting in place thereof the following words:- parentage of a nonmarital child based on alleged genetic parentage. SECTION 47. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4, 9, 10, 13,26 and 28, the word “mother” and inserting in place thereof, in each instance, the following words:- person who gave birth. SECTION 48. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4, 10, 13, lines 21 and 22, 28, 31, lines 48 and 49, both times they appear, the word “father” and inserting in place thereof, in each instance, the following words:- genetic parent. SECTION 49. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 31 and 49, the word “father” and inserting in place thereof, in each instance, the following words:- parent. SECTION 50. Said section 17 of said chapter 209C, as so appearing, is hereby amended in line 56 by inserting, after the word “party.” the following sentence:- Genetic testing shall not be used to challenge the parentage of an individual who is a parent under Article 6 of chapter 209E or to establish the parentage of an individual who is a donor as provided in said chapter 209E. SECTION 51. Section 21 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “establishing paternity shall apply” and inserting in place thereof the following words:- determining the existence of a father and child relationship shall apply. SECTION 52. Section 22 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 9, the word “or”,- and by inserting after the word “nine D”, in lines 6 and 10, the following words:- , or 209E. SECTION 53. Section 23 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1, 10, 11 and 14, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage. SECTION 54. The General Laws are hereby amended by inserting after chapter 209D the following chapter: Chapter 209E The Massachusetts Parentage Act. Article 1. GENERAL PROVISIONS Section 101. This chapter may be cited as the Massachusetts Parentage Act. Section 102. For the purposes of this chapter the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Acknowledged parent”, an individual who has established a parent-child relationship through a voluntary acknowledgement of parentage. “Adjudicated parent”, an individual who has been adjudicated to be a parent of a child by a court with jurisdiction. “Alleged genetic parent”, an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes a putative parent, alleged genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B) an individual whose parental rights have been terminated or declared not to exist; or (C) a donor. “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes but is not limited to: (A) intrauterine, intracervical insemination, or vaginal insemination; (B) donation of gametes; (C) donation of embryos; (D) in-vitro fertilization and transfer of embryos; and (E) intracytoplasmic sperm injection. “Birth”, includes stillbirth. “Child”, an individual whose parentage may be determined under this chapter. “Child-support agency”, a government entity or public official authorized to provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. sections 651 through 669. “Determination of parentage”, establishment of a parent-child relationship by a court adjudication or signing of a valid acknowledgment of parentage. “Donor”, an individual who provides a gamete or gametes or an embryo or embryos intended for assisted reproduction or gestation, whether or not for consideration. This term does not include: (A) a person who gives birth to a child conceived by assisted reproduction, except as otherwise provided in Article 7; or (B) a parent or intended parent under Article 6 or Article 7. “Embryo”, a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur. “Gamete”, sperm or egg. “Individual”, a natural person of any age. “Intended parent”, an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction or a gestational or genetic carrier agreement. “Marriage”, includes any legal relationship that provides substantially the same rights, benefits and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered. “Parent”, an individual who has established parentage that meets the requirements of this chapter. “Parentage” or “parent-child relationship”, the legal relationship between a child and a parent of the child. “Presumed parent”, an individual who under section 6 of chapter 209C is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under section 5 of said chapter 209C or a court adjudicates the individual to be a parent. “Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. “Sign”, with intent to authenticate or adopt a record to: (A) execute or adopt a tangible symbol; or (B) attach to or logically associate with the record an electronic symbol, sound or process. “Signatory”, an individual who signs a record. “State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe. “Transfer”, a procedure for assisted reproduction by which an embryo or sperm is placed in the body of individual who will give birth to the child. “Witnessed”, that at least 1 individual who is competent and disinterested has signed a record to verify that the individual personally observed a signatory sign the record. Section 103. SCOPE. (a) This chapter applies to an adjudication or determination of parentage. (b) This chapter does not create, affect, enlarge or diminish parental rights or duties under the law of this state other than this chapter. Section 104. AUTHORIZED COURT. The probate and family court department has jurisdiction to adjudicate parentage under this chapter. The district, Boston municipal, and juvenile court departments shall retain concurrent jurisdiction over adjudication of parentage and to accept registration of voluntary acknowledgments of parentage as provided in section 3 of chapter 209C. Section 105. APPLICABLE LAW. The court shall apply the law of this state to adjudicate parentage under this chapter, regardless of: (1) the place of birth of the child; or (2) the past or present residence of the child. Section 106. DATA PRIVACY. A proceeding under this chapter is subject to the law of this state other than this chapter which governs the health, safety, privacy and liberty of a child or other individual who could be affected by disclosure of information that could identify the child or other individual, including address, telephone number, digital contact information, place of employment, Social Security number, and the child’s day-care facility or school. Section 107. ESTABLISHMENT OF PARENTAGE. To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship. This chapter is intended to allow access to establish parentage in a gender-neutral manner. Article 2. PARENT-CHILD RELATIONSHIP Section 201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP. A parent-child relationship is established between an individual and a child by any of the following: (1) Birth: the individual gives birth to the child, except as otherwise provided in Article 7 of this chapter; (2) Presumption: there is a presumption under section 6 of chapter 209C, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made; (3) Adjudication: the individual is adjudicated a parent of the child by a court with jurisdiction; (4) Adoption: the individual adopts the child pursuant to chapter 210; (5) Acknowledgment: the individual acknowledges parentage of the child under chapter 209C, unless the acknowledgment is rescinded or successfully challenged; (6) De Facto Parentage: the individual is adjudicated a de facto parent of the child under section 508; (7) Assisted reproduction: the individual’s parentage of the child is established under Article 6 of this chapter; or (8) Gestational or genetic surrogacy agreement: the individual’s parentage of the child is established under Article 7 of this chapter. Section 202. NONDISCRIMINATION. Every child has the same rights under law as any other child without regard to the marital status or gender of the parents or the circumstances of the birth of the child. Section 203. CONSEQUENCES OF ESTABLISHING PARENTAGE. Unless parental rights have been terminated or an exception has been stated explicitly in this chapter, a parent-child relationship established under this chapter applies for all purposes, including the rights and duties of parentage. Section 204. FULL FAITH AND CREDIT. The commonwealth shall give full faith and credit to a determination of parentage from another state if the determination is valid and effective in accordance with the law of the other state. Article 3. [Reserved] Article 4. [Reserved] Article 5. PROCEEDING TO ADJUDICATE PARENTAGE Section 501. PROCEEDING AUTHORIZED. (a) A proceeding may be commenced to adjudicate the parentage of a child as provided for in this chapter. Except as otherwise provided in this chapter, the proceeding is governed by the Massachusetts rules of domestic relations procedure. (b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement is governed by Article 7 of this chapter. Section 502. STANDING TO MAINTAIN PROCEEDING. Except as otherwise provided in sections 507 through 509, a proceeding to adjudicate parentage under this chapter may be maintained by: (1) the child; (2) the individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent of the child; (3) an individual who has an established parent-child relationship under section 201 of this chapter; (4) an individual whose parentage of the child is to be adjudicated under this chapter; (5) if the child is or was a recipient of any type of public assistance, by the IV–D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program of the commonwealth; (6) by the authorized agent of the department of children and families or any agency licensed under chapter 15D provided that the child is in their custody; or, (7) a representative authorized by law of this state other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor. Section 503. NOTICE OF PROCEEDING. (a) The plaintiff shall give notice of a proceeding to adjudicate parentage under Article 5 to the following individuals: (1) the individual who gave birth to the child, unless a court has adjudicated that this individual is not a parent of the child; (2) an individual who is a parent of the child under this chapter; (3) a presumed, acknowledged, or adjudicated parent of the child; (4) an individual whose parentage of the child is to be adjudicated; (5) the child, if the child is above the age of 14; and (6) if the child is a recipient of any type of public assistance, the IV–D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program of the commonwealth. (b) An individual entitled to notice under subsection (a) has a right to intervene in the proceeding. (c) Lack of notice required by subsection (a) does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (a) from bringing a proceeding under subsection (b) of section 511. (d) A donor shall not be entitled to notice. Section 504. PERSONAL JURISDICTION. (a) The court may adjudicate an individual’s parentage of a child only if the court has personal jurisdiction over the individual. Section 505. VENUE. Venue for a proceeding to adjudicate parentage under this chapter is in the county of this state in which: (1) the child resides or, for the purposes of Article 6 or 7, is or will be born; (2) any parent or intended parent resides; (3) the defendant resides or is located if the child does not reside in this state; or (4) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter. Section 506. ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED GENETIC PARENT. A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child shall be commenced pursuant to chapter 209C. Section 507. ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED PARENT. (a) A proceeding to determine whether a presumed parent is a parent of a child shall be commenced pursuant to chapter 209C. Section 508. ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF CHILD. (a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (1) is alive when the proceeding is commenced; and (2) claims to be a de facto parent of the child. (b) An individual who claims to be a de facto parent of a child shall commence a proceeding to establish parentage of a child under this section: (1) before the child attains 18 years of age; and (2) while the child is alive. (c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section: (1) The individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding. (2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (1). A responsive pleading must be verified and must be served on parties to the proceeding. (3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under paragraphs (1) and (2), whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of paragraphs (1) through (7) of subsection (d). If the court holds a hearing under this subsection, the hearing shall be held on an expedited basis. The court may enter an interim order concerning contact between the child and an individual with standing seeking adjudication under this section as a de facto parent of the child. (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and convincing evidence that: (1) the individual resided with the child as a regular member of the child’s household for a significant period of time; (2) the individual engaged in consistent caretaking of the child which may include regularly caring for the child’s needs and making day-to-day decisions regarding the child individually or cooperatively with another parent; (3) the individual undertook full and permanent responsibilities of a parent of the child without expectation or payment of financial compensation; (4) the individual held out the child as the individual’s child; (5) the individual established a bonded and dependent relationship with the child, which is parental in nature; (6) another parent of the child fostered or supported the bonded and dependent relationship required under paragraph (5). A parent’s consent to guardianship shall not be considered as evidence that a parent fostered or supported the bonded and dependent relationship required under (5); and (7) continuing the relationship between the individual and the child is in the best interest of the child. (e) A parent of the child may use evidence of duress, coercion, or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as provided in subsection (d)(6) of this section. Such evidence may include whether, within the prior ten years, the individual seeking to be adjudicated a de facto parent has been convicted of rape, assault with intent to commit rape, indecent assault and battery, assault or assault and battery on a family or household member domestic assault, of the child or a parent of the child; was the subject of a final abuse prevention order pursuant to Chapter 209A because the individual was found to have committed abuse against the child or a parent of the child; or was substantiated for abuse against the child or a parent. (f) Subject to other limitations in this part, if in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section 511 of this chapter. (g) The adjudication of an individual as a de facto parent under this section does not disestablish the parentage of any other parent. Section 508A. ADJUDICATING PARENTAGE OF CHILD WITH ACKNOWLEDGED PARENT. (a) If a child has an acknowledged parent, a proceeding to challenge that acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by chapter 209C. (b) If a child has an acknowledged parent, the following rules apply to a proceeding to challenge the acknowledgment of parentage or denial of parentage brought by an individual, other than the child, who has standing under Section 502 and was not a signatory to the acknowledgment or denial: (i) The individual must commence the proceeding not later than one year after the effective date of the acknowledgment unless the individual did not know and could not have reasonably known of the individual’s potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced within one year after the discovery of the individual’s potential parentage. (ii) After the action is commenced, the court must first determine whether permitting the proceeding is in the best interests of the child. (iii) If the court finds that permitting the proceeding is in the best interests of the child, the court shall adjudicate parentage under section 511 of this chapter. Section 509. ADJUDICATING PARENTAGE OF CHILD WITH ADJUDICATED PARENT. (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice, is governed by the rules governing a collateral attack on a judgment. (b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under section 502 and was not a party to the adjudication and did not receive notice under section 503: (1) the individual must commence the proceeding not later than 2 years after the effective date of the adjudication; (2) after the action is commenced, the court must first determine whether permitting the proceeding is in the best interest of the child; and (3) if the court finds that permitting the proceeding is in the best interests of the child, the court shall adjudicate parentage under section 511 of this chapter. Section 510. ADJUDICATING PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (a) An individual who is a parent under Article 6 of this chapter or the individual who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under Article 6, the court shall adjudicate the individual to be a parent of the child. (b) In a proceeding to adjudicate an individual’s parentage of a child, if another individual other than the person who gave birth to the child is a parent under Article 6, the court shall adjudicate the individual’s parentage of a child under section 511 of this chapter. Section 511. ADJUDICATING COMPETING CLAIMS OF PARENTAGE. (a) In a proceeding to adjudicate competing claims of, or challenges under this article or chapter 209C to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best interest of the child, based on: (1) the age of the child; (2) the length of time during which each individual assumed the role of parent of the child; (3) the nature of the relationship between the child and each individual; (4) the harm to the child if the relationship between the child and each individual is not recognized; (5) the basis for each individual’s claim to parentage of the child; and (6) other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child. (b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a), the court shall consider: (1) the facts surrounding the discovery that the individual might not be a genetic parent of the child; and (2) the length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. (c) The court may adjudicate a child to have more than 2 parents under this chapter if the court finds that it is in the best interests of the child to do so. A finding of best interests of the child under this subsection does not require a finding of unfitness of any parent or person seeking an adjudication of parentage. Section 512. TEMPORARY ORDER. (a) In a proceeding under this article, the court may issue a temporary order for child support if the order is consistent with law of this state other than this chapter and the individual ordered to pay support is: (1) a presumed parent of the child; (2) petitioning to be adjudicated a parent; (3) identified as a genetic parent through genetic testing pursuant to this chapter or chapter 209C; (4) an alleged genetic parent who has declined to submit to genetic testing pursuant to this chapter or chapter 209C; (5) shown by a preponderance of evidence to be a parent of the child; or (6) a parent under this chapter. (b) A temporary order may include a provision for custody, parenting time, and visitation under law of this state other than this chapter. (c) If the child on whose behalf an order of support is sought is a recipient of benefits pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program has not been made a party, the court shall notify the IV-D agency of the order or judgment of support. Each judgment or order of support which is issued pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of chapter one hundred and nineteen A. Section 513. CONSOLIDATING PROCEEDINGS. (a) Except as otherwise provided in subsection (b) and consistent with the jurisdiction of the court under the law of this state other than this chapter, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, care and protection, child custody or parenting time or visitation, guardianship, child support, divorce, annulment, separate support, administration of an estate or other appropriate proceeding. (b) A defendant may not combine a proceeding described in subsection (a) with a proceeding to adjudicate parentage brought under chapter 209D, the Uniform Interstate Family Support Act. Section 514. PROCEEDING BEFORE BIRTH. Except as otherwise provided in Article 6 and Article 7 of this chapter, a proceeding to adjudicate parentage may be commenced before the birth of the child and an order or judgment may be entered before birth, but enforcement of the order or judgment of parentage must be stayed until the birth of the child. Section 515. COURT TO ADJUDICATE PARENTAGE. The court shall adjudicate parentage of a child without a jury. Section 516. HEARING; INSPECTION OF RECORDS. (a) On request of a party, the court may close a proceeding under this article to the general public. (b) All complaints, pleadings, papers or documents filed pursuant to this article, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated. Section 517. DISMISSAL FOR WANT OF PROSECUTION. The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. Section 518. ORDER ADJUDICATING PARENTAGE. (a) In a proceeding under this article, the court shall issue a final judgment adjudicating whether a person alleged or claiming to be a parent is the parent of a child. (b) A final judgment under subsection (a) shall identify the child by name and date of birth. (c) On request of a party and consistent with law of this state other than this chapter, the court in a proceeding under this article may order the name of the child changed. (d) If the final judgment under subsection (a) is at variance with the child’s birth certificate, the court shall order the department of public health to issue an amended birth certificate. Section 519. BINDING EFFECT OF DETERMINATION OF PARENTAGE. (a) Except as otherwise provided herein: (1) a signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in chapter 209C; and (2) a party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of section 2-201 of chapter 209D and any individual who received notice of the proceeding are bound by the adjudication. (b) A child is not bound by a determination of parentage under this chapter unless: (1) the determination as based on an unrescinded acknowledgement of parentage and the acknowledgment is consistent with the results of genetic testing; (2) the determination was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or otherwise shown; (3) the determination of parentage was made under Article 6 or 7; or (4) the child was a party or was represented by an attorney, guardian ad litem or similar individual in the proceeding. (c) In a proceeding for divorce or annulment, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of section 2-201 of chapter 209D, and the final order: (1) expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or (2) provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in the order. (d) Except as otherwise provided in subsection (b) or section 509, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding. (e) A party to an adjudication of parentage may challenge the adjudication only under law of this state other than this chapter relating to appeal, vacation of judgment or other judicial review. Article 6. ASSISTED REPRODUCTION Section 601. SCOPE OF ARTICLE. This article shall not apply to the birth of a child conceived by sexual intercourse or assisted reproduction by surrogacy agreement under Article 7. Section 602. PARENTAL STATUS OF DONOR. A donor is not a parent of a child conceived through assisted reproduction by virtue of the donor’s genetic connection. Section 603. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. An individual who consents under section 604 to assisted reproduction by a person with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child. Section 604. CONSENT TO ASSISTED REPRODUCTION. (a) Except as otherwise provided in subsection (b), the consent described in section 603 must be in a record signed by the individual giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child. (b) Failure to consent in a record as provided by subsection (a), before, on or after birth of the child, does not preclude the court from finding consent to parentage if the court finds by a preponderance of the evidence that: (1) prior to conception or birth of the child, both parties agreed that they would be parents of the child; or (2) the individual who seeks to be a parent of the child voluntarily participated in and consented to the assisted reproduction that resulted in the conception of the child. Section 605. LIMITATION ON SPOUSE’S DISPUTE OF PARENTAGE. (a) Except as otherwise provided in subsection (b), an individual who, at the time of a child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may not challenge the individual’s parentage of the child unless: (1) not later than 2 years after the birth of the child, the spouse commences a proceeding to adjudicate their own parentage of the child; and (2) the court finds the spouse did not consent to the assisted reproduction, before, on or after birth of the child, or withdrew consent under section 607. (b) A proceeding by a spouse to challenge that their own parentage of a child born by assisted reproduction may be commenced at any time if the court determines: (1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction; (2) the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and (3) the spouse never openly held out the child as their child. (c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs. (d) The person giving birth shall not challenge a spouse’s parentage under this section. Section 606. EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING MARRIAGE. If a marriage of a person who gives birth to a child conceived by assisted reproduction is terminated through divorce or annulment before transfer or implantation of gametes or embryos to the person giving birth, a former spouse of the person giving birth is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a divorce or annulment, and the former spouse did not withdraw consent under section 607. Section 607. WITHDRAWAL OF CONSENT. (a) An individual who consents under section 604 to assisted reproduction may withdraw consent any time before a transfer or implantation of gametes or embryos that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider who may be facilitating the assisted reproduction. Failure to give notice to the clinic or health- care provider does not affect a determination of parentage under this chapter. (b) An individual who withdraws consent under subsection (a) is not a parent of the child under this article. Section 608. PARENTAL STATUS OF DECEASED INDIVIDUAL. (a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter. (b) If an individual who consented in a record to assisted reproduction by a person who agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if: (1) either: (A) the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or (B) the individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence; and (2) either: (A) the embryo is in utero not later than 36 months after the individual’s death; or (B) the child is born not later than 45 months after the individual’s death. Section 609. LABORATORY ERROR. If due to a laboratory error the child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are the parents of the child unless otherwise determined by the court. Section 610. LIMITATIONS ON GENETIC TESTING. Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C, shall not be used: (1) to challenge the parentage of an individual who is a parent under this Article; or (2) to establish the parentage of an individual who is a donor. Section 611. PARENTAGE JUDGMENTS OF CHILDREN BORN OF ASSISTED REPRODUCTION. (a)A party consenting to assisted reproduction, an individual who is a parent pursuant to sections 603 and 604 of this chapter, an intended parent or parents or the individual giving birth may commence a proceeding to obtain an order: (1) Declaring that the intended parent or parents are the parent or parents of the resulting child immediately upon birth of the child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon birth of the child; and (2) Designating the contents of the birth certificate and directing the department of public health to designate the intended parent or parents as the parent or parents of the resulting child. (b) A proceeding under this section may be commenced before or after the date of birth of the child, though an order issued before the birth of the resulting child does not take effect unless and until the birth of the resulting child. Nothing in this subsection shall be construed to limit the court’s authority to issue other orders under any other provision of the general laws. (c)Neither the state, the department of public health nor the hospital where the child is or expected to be born shall be a necessary party to a proceeding under this section. Section 612. INSPECTION OF DOCUMENTS. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the resulting child or a party. All such complaints, pleadings, papers or documents shall be segregated. Article 7. PARENTAGE BY SURROGACY AGREEMENT PART 1 GENERAL REQUIREMENTS Section 701. DEFINITIONS. In this article the following terms shall, unless the context clearly requires otherwise, have the following meanings: “Genetic surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete, under a genetic surrogacy agreement as provided in this article. “Gestational surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual’s own, under a gestational surrogacy agreement as provided in this article. “Surrogacy agreement”, an agreement between 1 or more intended parents and an individual who is not an intended parent in which the person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a gestational surrogacy agreement and a genetic surrogacy agreement. Section 702. ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC SURROGACY AGREEMENT. (a) To execute an agreement to act as a gestational or genetic surrogate, an individual shall: (1) be at least 21 years of age; (2) previously have given birth to at least 1 child; (3) complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; (4) complete a mental-health consultation by a licensed mental health professional; and (5) have independent legal representation of the person’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement and that is paid for by the intended parent or parents. (b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall: (1) be at least 21 years of age; (2) complete a mental-health consultation by a licensed mental health professional; and (3) have independent legal representation of the intended parent’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. Section 703. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT: PROCESS. A surrogacy agreement shall be executed in compliance with the following rules: (1) At least 1 party shall be a resident of this state or, if no party is a resident of this state, at least 1 medical evaluation or procedure or mental-health consultation under the agreement shall occur in this state, or the birth is anticipated to or does occur in this state. (2) An individual acting as a surrogate and each intended parent shall meet the requirements of section 702. (3) Each intended parent, the individual acting as surrogate, and spouse, if any, of the individual acting as surrogate shall be parties to the agreement. (4) The agreement shall be in a record signed by each party listed in paragraph (3). (5) The surrogate and each intended parent shall receive a copy of the agreement. (6) The signature of each party to the agreement shall be attested by a notary or witnessed. (7) The individual acting as surrogate and, if married, the spouse of the individual acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement paid for by the intended parent or parents, and each counsel shall be identified in the surrogacy agreement. A single attorney for the individual acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct. (8) The intended parent or parents shall pay for independent legal representation for the individual acting as surrogate and the individual’s spouse, if any. (9) The agreement shall be executed before a medical procedure occurs related to attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical evaluation and mental health consultation required by section 702. Section 704. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT: CONTENT. (a) A surrogacy agreement shall comply with the following requirements: (1) An individual acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction. (2) Except as otherwise provided in sections 711, 715, and 716, the individual acting as surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement. (3) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the individual acting as surrogate by the surrogacy agreement. (4) Except as otherwise provided in sections709, 712, , 715, and 716, the intended parent or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the child shall be the exclusive parent or parents of the child, regardless of the number of children born or gender or mental or physical condition of each child. (5) Except as otherwise provided in sections 709, 712, 715, and 716, the intended parent or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or mental or physical condition of each child. (6) The surrogacy agreement shall include information providing that the intended parent or parents shall be responsible for the surrogacy-related expenses, including medical expenses, of the individual acting as surrogate and the medical expenses of the child. (7) The intended parent or parents are liable for the surrogacy-related expenses of the person acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subdivision shall not be construed to supplant any health insurance coverage that is otherwise available to the individual acting as surrogate or an intended parent for the coverage of health care costs. This subdivision shall not change the health insurance coverage of the individual acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers a individual acting as surrogate. (8) The surrogacy agreement shall not infringe on the rights of the individual acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not infringe upon the right of the individual acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the individual acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subdivision are void as against public policy. (9) The surrogacy agreement shall include information about each party’s right under this article to terminate the surrogacy agreement. (b) A surrogacy agreement may provide for: (1) payment of consideration and reasonable expenses; and (2) reimbursement of specific expenses if the agreement is terminated under this article. (c) A right created under a surrogacy agreement is not assignable and there is no third- party beneficiary of the agreement other than the child. Section 705. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT CHANGE OF MARITAL STATUS. (a) Unless a surrogacy agreement expressly provides otherwise: (1) the marriage of an individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the surrogacy agreement is not required and the surrogate’s spouse is not a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; and (2) the divorce or annulment of the individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement. (b) Unless a surrogacy agreement expressly provides otherwise: (1) the marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement; and (2) the divorce or annulment of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and the intended parents are the parents of the child. Section 706. INSPECTION OF DOCUMENTS. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child resulting from the surrogacy agreement or by a party to the surrogacy agreement. All such complaints, pleadings, papers or documents shall be segregated. Section 707. EXCLUSIVE, CONTINUING JURISDICTION. During the period after the execution of a surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section does not give the court jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this state other than this chapter. PART 2. SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT Section 708. TERMINATION OF GESTATIONAL SURROGACY AGREEMENT. (a) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (a), the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the individual acting as gestational surrogate through the date of termination. (c) Except in a case involving fraud, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section. Section 709. PARENTAGE UNDER GESTATIONAL SURROGACY AGREEMENT. (a) Except as otherwise provided in subsection (c) or section 710(b) or 712, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child. (b) Except as otherwise provided in subsection (c) or section 712, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child. (c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage shall be determined based on Articles 1 through 5 of this chapter. (d) Except as otherwise provided in subsection (c) or subsection (b) of section 710 or section 712, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child. Section 710. GESTATIONAL SURROGACY AGREEMENT: PARENTAGE OF DECEASED INTENDED PARENT. (a) Section 709 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in section 712, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (1) the surrogacy agreement provides otherwise; and (2) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent. Section 711. GESTATIONAL SURROGACY AGREEMENT: ORDER OR JUDGMENT OF PARENTAGE. (a) Except as otherwise provided in subsection (c) of section 709 or section 712, before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, any party to the agreement may commence a proceeding in the probate and family court in the county where the intended parents(s) reside, where the individual acting as a gestational surrogate resides or where the resulting child is born or expected to be born for an order or judgment of parentage: (1) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent; (2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, are not the parents of the child; (3) designating the content of the birth record in accordance with chapter 46 and directing the department of public health to designate each intended parent as a parent of the child; (4) to protect the privacy of the child and the parties, declaring that the court record and related pleadings shall be impounded in accordance with section 706; (5) if necessary, that the child be surrendered to the intended parent or parents; (6) if necessary, that the hospital where the child will be or has been born, treat the intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions; and (7) for other relief the court determines necessary and proper. (b) The court may issue an order or judgment under subsection (a) before or after the birth of the child, as requested by the parties. (c) Neither this state or the department of public health nor any town clerk nor the hospital where the child is to be born is a necessary party to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding. (d) A complaint under this section shall be supported by the following: (i) sworn affidavits of the parties to the surrogacy agreement and the assisted reproductive physician demonstrating the intent of the parties for the intended parent or parents to be the sole legal parent or parents of the child and that the child was born pursuant to assisted reproduction and (ii) certifications from the attorneys representing the intended parent(s) and the individual acting as gestational surrogate that the requirements of sections 702, 703 and 704 have been met. A complaint supported by such affidavits and certifications shall be sufficient to establish parentage, and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without a hearing. (e) Where a complaint satisfies subsection (d), a court shall, within 30 days of the filing of the complaint, issue an order or judgment of parentage. Such parentage orders or judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship. (f) In the event the certification required by subsection (d) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 702, 703 and 704 of this chapter, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections. Section 712. EFFECT OF GESTATIONAL SURROGACY AGREEMENT. (a) A gestational surrogacy agreement that substantially complies with sections 702, 703 and 704 is enforceable. (b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not substantially comply with sections 702, 703 and 704, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement. (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the individual acting as gestational surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity. (d) Specific performance is not a remedy available for breach by an individual acting as gestational surrogate of a provision in the agreement that the individual acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (e) Except as otherwise provided in subsection (d), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for: (1) breach of the agreement by an individual acting as gestational surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or (2) breach by the intended parent which prevents the intended parent’s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage. PART 3. SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT Section 713. REQUIREMENTS TO VALIDATE GENETIC SURROGACY AGREEMENT. (a) Except as otherwise provided in section 716, to be enforceable, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement. (b) The court shall issue an order validating a genetic surrogacy agreement if the court finds that: (1) sections 702, 703 and 704 of this chapter are satisfied; and (2) all parties entered into the agreement voluntarily and understand its terms. (c) An individual who terminates a genetic surrogacy agreement under section 714 shall file notice of the termination with the court and parties. On receipt of the notice, the court shall vacate any order issued under subsection (b). Section 714. TERMINATION OF GENETIC SURROGACY AGREEMENT. (a) A party to a genetic surrogacy agreement may terminate the agreement as follows: An intended parent or individual acting as genetic surrogate who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed. (b) An intended parent or individual acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 713 or 716 of this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court. (c) A person may not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer has resulted in a pregnancy. (d) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement except that any intended parent remains responsible for all expenses incurred by the individual acting as genetic surrogate through the date of termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the individual acting as surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate. (e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section. Section 715. PARENTAGE UNDER VALIDATED GENETIC SURROGACY AGREEMENT. (a) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 713 or 716 of this chapter, each intended parent is, by operation of law, a parent of the resulting child. (b) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 713 or 716 of this chapter, the intended parent or parents shall file a notice with the court that validated the agreement that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing: (1) declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent; (2) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, are not parents of the child; (3) designating the contents of the birth certificate in accordance with chapter 46 and directing the department of public health to designate any intended parent as a parent of the child; (4) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection in accordance with section 706; (5) if necessary, that the child be surrendered to the intended parent or parents; and (6) for other relief the court determines necessary and proper. (c) Except as otherwise provided in subsection (d) or section 717, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child. (d) If a child born to an individual acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction and the second source of genetic material is the spouse of the individual acting as genetic surrogate, then the surrogate and her spouse shall be found to be the parents of the child. If the second genetic source is an individual other than the spouse of the surrogate, then parentage shall be determined as provided in chapter 209C. However, if the second genetic source is an intended parent, the court, in its sole discretion, may determine parentage under Articles 1 through 5 of this chapter. Unless the genetic surrogacy agreement provides otherwise, the individual acting as genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate if the child was not conceived by assisted reproduction. (e) If an intended parent fails to file the notice required under subsection (b) of this section, the individual acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the individual acting as genetic surrogate. On proof of a court order issued under sections 713 or 716 of this chapter validating the agreement, the court shall order that each intended parent is a parent of the child. Section 716. EFFECT OF NONVALIDATED GENETIC SURROGACY AGREEMENT. (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 713 is enforceable only to the extent provided in this section and section 718. (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement if the court finds that: (1) sections 702, 703 and 704 of this chapter are satisfied; and (2) all parties entered into the agreement voluntarily and understand its terms.(c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 or subsection (b) of this section is born, the individual acting as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection (a) of section 511 and the intent of the parties at the time of the execution of the agreement. (d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section. Section 717. GENETIC SURROGACY AGREEMENT: PARENTAGE OF DECEASED INTENDED PARENT. (a) Except as otherwise provided in section 715 or 716, on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in section 715 or 716, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (1) the agreement provides otherwise; and (2) the transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent. Section 718. BREACH OF GENETIC SURROGACY AGREEMENT. (a) Subject to section 714(d), if a genetic surrogacy agreement is breached by an individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by an individual acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b), specific performance is a remedy available for: (1) breach of a validated genetic surrogacy agreement by an individual acting as genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (2) breach by an intended parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage. Article 8. MISCELLANEOUS PROVISIONS Section 1. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 2. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). Section 3. Severability. If any provision of this chapter or its application to any individual or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable. Section 4. Transitional provision. This chapter applies to a proceeding in which no judgment has entered before the effective date of this act with respect to an individual’s parentage that has not already been adjudicated by a court of competent jurisdiction or determined by operation of law. SECTION 55. This act shall take effect 1 year after its enactment.

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An Act relative to sexually exploited individuals

H1603

HD1803

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:41:49.243'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:41:49.2433333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-06-07T13:38:44.5733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:04:31.99'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:09:33.93'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1603/DocumentHistoryActions

Bill

By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1603) of Kay Khan and Samantha Montaño relative to sexual exploitation prevention and victim assistance. The Judiciary.

SECTION 1. Chapter 17 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 22. (a) As only used in this section the following words shall have the following meaning: “person who has been sexually exploited”, a person who is subjected to actual or attempted abuse for sexual purposes, including, commercial sexual activities as defined in section 49 of chapter 265. (b) There shall be established and placed within the department of public health a fund to be known as the Sexual Exploitation Prevention and Victim Assistance Fund, in this section referred to as the fund, to support innovative practices to prevent sexual exploitation and provide assistance to victims of sexual exploitation in the commonwealth. The fund shall be credited any appropriations, bond proceeds or other monies authorized by the general court, which may properly be applied in furtherance of the objectives of the fund, sexual exploitation prevention and victim assistance assessments, and any other monies which may be available for the purposes of the fund from any other source or sources. Any revenues, deposits, receipts or funds received shall be deposited in the fund and shall be available for the purposes described in this section. Money remaining in the fund at the end of the year shall not revert to the General Fund. The fund shall be under the control of the department of public health. The fund shall be used for innovative practices, which shall include, but not be limited to: (i) community-based sexual exploitation prevention and assistance programs and service providers; (ii) multi-disciplinary teams; (iii) survivor lead programs; and (iv) other programs and service providers that support persons who have been sexually exploited. (c) Annually, not later than October 31, the department of public health shall issue a report that provides an overview of the services established in this section, by using aggregate data, during the previous fiscal year. The report shall include, but not be limited to, narratives, information, data and analysis on: (i) counts of persons who have been sexually exploited served in the commonwealth; (ii) current services for persons who have been sexually exploited; (iii) barriers for accessing services; (iv) service costs; (v) gaps in services and recommendations to fill those gaps; and (vi) outcomes for persons who have been sexually exploited who have received services. The commissioner of the department of public health or a designee shall file the report with the governor, the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the joint committee on public health and the joint committee on the judiciary. The report shall be made publicly available on the department’s website in accordance with section 19 of chapter 66. (d) The department of public health shall promulgate rules and regulations. SECTION 2. Section 39L of chapter 119 is hereby repealed. SECTION 3. Section 57 of chapter 265 is hereby repealed. SECTION 4. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) Whoever commits offensive and disorderly acts or uses language to accost or annoy another person, is lewd, wanton and lascivious in speech or behavior, keeps a noisy and disorderly house, or is guilty of indecent exposure, shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. SECTION 5. Section 53A of chapter 272, as so appearing, is hereby amended by striking out subsection (a). SECTION 6. (a) There shall be a task force on training and support for law enforcement officers relative to sexual exploitation and human trafficking. The task force shall, but is not limited to: (i) review and plan for the implementation of this act and chapter 178 of the acts of 2011 as it relates to law enforcement, (ii) make recommendations for law enforcement to share information for the purposes of detecting individuals and groups engaged in human trafficking and individuals subject to section 53A of chapter 272, (iii) make recommendations on the resources needed for law enforcement to be able to enforce section 53A of chapter 272, and (iv) research educational materials and trainings for law enforcement on this subject matter and how much they will cost and recommend how to implement the distribution of those materials and training. (b) The task force shall be comprised of the following persons or their designees: the secretary of executive office of public safety and security, the attorney general, who shall serve as co-chairs; the colonel of state police, a representative of the Massachusetts police chiefs association, a representative of the Massachusetts district attorneys’ association, the commissioner of the Boston police department, a representative of the Massachusetts office for victim assistance, the commissioner of the department of children and families, the commissioner of the department of public health, the chairs of the joint committee on public health, a representative of a group dedicated to providing services to sexually exploited children persons who have been sexually exploited and human trafficking victims appointed by the governor, a representative of a group dedicated to the prevention of violence against women appointed by the governor, a representative of a group dedicated to survivor lead programs and services appointed by the governor, a person who has experienced sexual exploitation appointed by the governor, a survivor of human trafficking appointed by the governor, a human trafficking attorney appointed by the governor, a mental health professional appointed by the governor and a university researcher with a background in sexual exploitation and human trafficking appointed by the governor. The task force shall consult with other individuals with relevant expertise, including academics, researchers and service providers, as needed. The task force shall consult with the secretaries of agencies that address issues that directly affect persons who have been sexually exploited and victims of human trafficking including, but not limited to, substance use disorders, domestic violence, mental health and homelessness to determine how best to review and report on the recommendations of the task force. (c) The task force shall meet at least quarterly. The task force shall submit no later than 1 year from the first meeting of the task force, its recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on the judiciary, the joint committee on public safety and homeland security. SECTION 7. The department of public health shall ensure that not less than the amount credited to the Sexual Exploitation Prevention and Victim Assistance Fund, under section 21 of chapter 17 of the General Laws, shall be expended to support innovative services to prevent sexual exploitation and assist victims of sexual exploitation in the commonwealth provided through item XXXX-XXXX of the Massachusetts management and accounting reporting system. SECTION 8. Section 3, 4, and 5 shall go into effect on January 1, 2028.

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An Act addressing investigations of reports of abuse and neglect

H1604

HD1808

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:55:30.437'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T22:55:30.4366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:23:55.3333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1604/DocumentHistoryActions

Bill

By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1604) of Kay Khan relative to investigations of reports of abuse and neglect. The Judiciary.

SECTION 1. Section 42 of Chapter 19A, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out the following phrase from line 52: - “During any investigation or evaluation reported under section 18” SECTION 2. Section 14 of Chapter 19C, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out the following phrase from line 1: - “During any investigation or evaluation reported under section 5” SECTION 3. Section 85 of Chapter 119, as appearing in the 2020 Official Edition of the General Laws, is hereby amended by striking out the following phrase from line 1: - “During any investigation or evaluation reported under section 51A”

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An Act relative to obtaining relief for a child or youth from abuse and harassment

H1605

HD3656

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T14:09:11.72'}

[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T14:09:11.72'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:56:30.9733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:51:11.4366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-05-31T16:39:39.2966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1605/DocumentHistoryActions

Bill

By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1605) of Kay Khan, Vanna Howard and Carol A. Doherty relative to obtaining relief from abuse and harassment. The Judiciary.

Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 85P and inserting in place thereof the following section:- Section 85P. (a) Except as otherwise specifically provided by law, any person domiciled in the commonwealth who has reached the age of 18 shall for all purposes, and any other person who has reached the age of 18 shall with respect to any transaction governed by the law of the commonwealth, be deemed of full legal capacity unless legally incapacitated for some reason other than insufficient age. (b) Notwithstanding subsection (a), a minor 13 years of age or older may appear in a court of competent jurisdiction without a parent, guardian, next friend, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following: (i) an order pursuant to chapter 209A; (ii) an order pursuant to chapter 258E. (c) If a minor at least 13 years of age seeks relief in a matter under subsection (b) and is not represented by an attorney, the minor shall be informed that the minor has a right to appointed counsel and the court shall appoint an attorney to represent the minor. The minor shall also be provided information on local victim advocate organizations. Notwithstanding, the court may proceed with an emergency ex parte hearing. Appointment of counsel shall be made through the Committee for Public Counsel Services. (d) Subsection (b) shall not prevent a parent, guardian, custodian, or other appropriate adult to file or oppose a request for relief in a matter under subsection (b) on behalf of a minor of any age. In matters falling under subsection (b) in which a parent, guardian, custodian or other appropriate adult has sought relief on behalf of a minor plaintiff 13 years of age or older, the court shall consider the expressed wishes of the minor plaintiff in deciding whether to grant relief pursuant to subsection (b) and in determining the contents of such an order.

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An Act adjusting the salaries of the judicial branch

H1606

HD2406

{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T15:01:07.453'}

[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-18T15:01:07.4533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1606/DocumentHistoryActions

Bill

By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 1606) of Meghan Kilcoyne relative to salaries of judicial branch employees. The Judiciary.

SECTION 1. Section 22 of chapter 211 of the General Laws, as most recently amended by section 49of chapter 1 of the acts of 2017 is hereby amended by striking the figure “$206,239” and inserting in place thereof the figure “$218,469”. SECTION 2. Said Section 22 of chapter 211 is hereby further amended by striking the figure $200,984 and inserting in place thereof the figure “$212,902”. SECTION 3. Section 2 of chapter 211A of the General Laws, as most recently amended by section 49 of chapter 1 of the acts of 2017 is hereby further amended by striking the figure “$195,358” and inserting in place thereof the figure “$206,943”. SECTION 4. Said section 2 is hereby further amended by striking the figure “$190,087” and inserting in place thereof the figure “$201,359”. SECTION 5. Section 4 of Chapter 211B of the General Laws as most recently amended by section 49 of chapter 1 of the acts of 2017 is hereby further amended by striking the figure: “$184,694” and inserting in place thereof the figure “$195,646”. SECTION 6. Said Section 4 is hereby further amended by striking the figure “$190,124” and inserting in place there of the figure “$201,076”. SECTION 7. Said Section 4 is hereby further amended by striking the figure “$195,628” and inserting in place thereof the figure “$207,229”. SECTION 8. Said section 4 of chapter 211B is hereby further amended by inserting after the fifth paragraph the following: -- “Justices serving as a first justice and justices serving as a regional administrative justice, which titles shall not be deemed a judicial office as comprehended under the provisions of Article 1 of Chapter 111 of Part the Second of the Constitution, shall annually receive from the commonwealth, in addition to the salary heretofore provided, an amount of $2,500. SECTION 9. The provisions of the act shall take effect on July 1, 2022.

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An Act providing increased protections from harassment and discrimination on the basis of height

H1607

HD509

{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T12:46:07.583'}

[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T12:46:07.5833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-13T12:49:25.5266667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:44:04.8666667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-06-20T13:14:51.04'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:58:02.7533333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:28:45.1866667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T10:55:24.46'}]

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-13T12:46:07.583'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1607/DocumentHistoryActions

Bill

By Representatives Kushmerek of Fitchburg and Puppolo of Springfield, a petition (accompanied by bill, House, No. 1607) of Michael P. Kushmerek, Angelo J. Puppolo, Jr., and others relative to height discrimination. The Judiciary.

SECTION 1. Section 32 of chapter 22C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition “Hate crime” and inserting in place thereof the following definition:- “Hate crime”, any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, height, gender, gender identity or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person's exercise of constitutional rights through harassment or intimidation. Hate crime shall also include, but not be limited to, acts that constitute violations of sections 37 and 39 of chapter 265, section 127A of chapter 266 and chapter 272. SECTION 2. Section 37O of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in line 137, the following word:- , height. SECTION 3. Section 89 of said chapter 71, as so appearing, is hereby amended by inserting after the word “origin”, in lines 98 and 349, in each instance, the following word:- , height. SECTION 4. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in line 11, the following word:- , height. SECTION 5. Section 12B of said chapter 76, as so appearing, is hereby amended by inserting after the word “origin”, in line 196, the following word:- , height. SECTION 6. Section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in lines 17 and 64, in each instance, the following word:- , height. SECTION 7. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “origin”, in lines 3, 187, 201, 210, 221, 232, 266, 291, 298, 308, 358, 366, 377, 479, 488, 492, 500, 634, 644, 821 and 831, in each instance, the following word:- , height. SECTION 8. Section 39 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in line 4, the following word:- , height. SECTION 9. Section 14A of chapter 269 of the General Laws, as so appearing, is hereby amended by inserting after the word “section”, in line 10, the following words:- and section 14C. SECTION 10. Said chapter 269 is hereby amended by inserting after section 14B the following section:- Section 14C. (a) Whoever photographs a person with a disability without the person’s consent and conveys the photograph by electronic communication or publishes the photograph in print for the sole purpose of harassing, annoying or molesting the person or the person’s family shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment. (b) Whoever videotapes a person with a disability without the person’s consent and conveys the video by electronic communication or publishes a still photograph contained within the video in print for the sole purpose of harassing, annoying or molesting the person or the person’s family shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment. SECTION 11. Section 92A of chapter 272 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “object”, in line 11, the following word:- , height. SECTION 12. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “origin”, in line 2, the following word:- , height. SECTION 13. The Massachusetts commission against discrimination shall adopt, promulgate, amend and rescind rules and regulations or formulate policies and make recommendations to effectuate the purposes of sections 2 to 9, inclusive.

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An Act relative to great-grandparent visitation rights

H1608

HD535

{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:29:31.32'}

[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:29:31.32'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:56:00.0933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1608/DocumentHistoryActions

Bill

By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1608) of Michael P. Kushmerek and Vanna Howard relative to great-grandparent visitation rights. The Judiciary.

Chapter 119 of the General Laws is hereby amended by striking out section 39D and inserting in place thereof the following section:- Section 39D. If the parents of an unmarried minor child are divorced, married but living apart pursuant to a temporary order or judgment of separate support, or if either or both parents are deceased, or if the unmarried minor child was born out of wedlock whose paternity has been adjudicated by a court of competent jurisdiction or whose father has signed an acknowledgement of paternity, and the parents do not reside together, the grandparents or great-grandparents of the minor child may be granted reasonable visitation rights to the minor child during his minority by the probate and family court department of the trial court upon a written finding that the visitation rights would be in the best interest of the minor child; provided, however, that the adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed pursuant to this section where maternal grandparents or great-grandparents are seeking the visitation rights. No visitation rights shall be granted if the minor child has been adopted by a person other than a stepparent of the child and any visitation rights granted pursuant to this section prior to the adoption of the minor child shall be terminated upon the adoption without any further action of the court. A petition for grandparent or great-grandparent visitation authorized pursuant to this section shall, where applicable, be filed in the county within the commonwealth in which the divorce or separate support complaint or the complaint to establish paternity was filed. If the divorce, separate support or paternity judgment was entered without the commonwealth but the child presently resides within the commonwealth, the petition may be filed in the county where the child resides.

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An Act increasing penalties for hit and runs with recreational vehicles in the Commonwealth to be known as the James Ward Act

H1609

HD1398

{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-10T11:35:43.453'}

[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-10T11:35:43.4533333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T10:57:04.9966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-30T15:54:49.5466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T13:34:29.5233333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-30T14:23:09.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1609/DocumentHistoryActions

Bill

By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 1609) of Kathleen R. LaNatra and others relative to increasing penalties for hit and run with a recreational vehicle. The Judiciary.

SECTION 1. Section 26B of chapter 90B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 17 and 18, the words “shall be punished by a fine of not less than $500 nor more than $1,000” and inserting in place thereof the following words:- person, not resulting in the death of another person, shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not less than $500 nor more than $1,000, or by both such fine and imprisonment. SECTION 2. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by inserting, after subsection (c), the following subsection:- (d) Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, address and the registration number of his snow vehicle or recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing bodily injury to another person shall, if the injuries result in the death of another person, be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than $5,000 or by both such fine and imprisonment. SECTION 3. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by striking out, in line 19, the word “(d)” and inserting in place thereof the following word:- (e) SECTION 4. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by striking out, in line 29, the word “(e)” and inserting in place thereof the following word:- (f)

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An Act relative to children’s advocacy centers and the Massachusetts children’s alliance

H161

HD3346

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:04:42.383'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:04:42.3833333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-25T10:07:49.7333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T10:07:49.7333333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T10:07:49.7333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T09:38:20.6833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:24:08.9166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H161/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 161) of Michael J. Finn and others relative to children’s advocacy centers and the Massachusetts children’s alliance. Children, Families and Persons with Disabilities.

The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 220 the following chapter:- CHAPTER 220A MASSACHUSETTS CHILDREN’S ALLIANCE Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Accreditation", the process in which certification of competency, authority, or credibility is presented by national or state level standards to ensure effective, efficient and consistent delivery of services by a children’s advocacy center. “Alliance”, Massachusetts Children’s Alliance. "Children's Advocacy Center", a child-focused, trauma-informed, facility-based program in which a multidisciplinary team with representatives from law enforcement, child protection, prosecution, mental health, forensic interviewing, medical, and victim advocacy disciplines collaborate to offer the best response to child victims of maltreatment. Children’s advocacy centers assist in the response to allegations of child sexual abuse, severe physical abuse and exploitation of children. The multidisciplinary team collaborates to interview children, meet with a child's non-offending parents, guardians, caregivers, and family members, and to coordinate a streamlined, victim-focused response including investigation and provision of necessary services to ensure children can heal. A children’s advocacy center response facilitates efficient collection and sharing of information, improves timely evidence gathering, enhances communication among agencies involved, and broadens the knowledge base from which protective and investigative decisions are made. Children’s advocacy centers may be private nonprofit organizations or based within hospitals, district attorney’s offices, or other governmental entities. “Center,” Children’s Advocacy Center. "Forensic interview", an interview of a child victim of maltreatment by a forensic interviewer who meets or exceeds national training standards. Forensic interviews are conducted in an unbiased, developmentally appropriate, culturally sensitive, and fact-finding manner to obtain accurate information and support the best outcome for children. Whenever practical, members of the multidisciplinary team involved in the response shall observe the interview, which shall be electronically recorded. "Massachusetts Children’s Alliance", the statewide membership organization that serves as a funding source to ensure children’s advocacy centers have the necessary fiscal resources to properly and effectively respond to child victims. The alliance engages member children’s advocacy centers in an accreditation process which meets or exceeds standards set by the national children’s alliance, by collecting and sharing of data, and by providing training, leadership, and technical assistance to existing and emerging children’s advocacy centers in the commonwealth. The alliance ensures through contractual relationship that children’s advocacy centers meet or exceed national standards for operating and these standards shall include: 1. multidisciplinary teams that include representation from law enforcement, prosecutors, child protective services, the medical and mental health fields, and victim advocacy; 2. services that are cultural sensitivity and able to meet the needs of the diverse population of the commonwealth; 3. forensic interviews that are neutral, fact-finding, and avoid duplicative interviewing; 4. victim support and advocacy for children and caregivers, including appropriate counseling, legal, and medical services or referrals; 5. access to medical evaluations; 6. access to mental health services; 7. a formal case review process; 8. a case tracking, monitoring, and outcomes process; 9. organizational capacity; 10. a child-focused setting that is comfortable, safe, and private; and 11. any additional necessary standards. "Multidisciplinary team”, a group of professionals working collaboratively under a written protocol, who represent various disciplines to assure the most effective and coordinated response to child maltreatment for every child. A children’s advocacy center’s multidisciplinary team shall include professionals involved in the coordination, assessment, investigation, and prosecution of child abuse cases, including the children advocacy center’s staff, participating law enforcement agencies, the district attorney, and the department of children and families. A multidisciplinary team shall include professionals involved in the delivery of services, including medical and mental health services, to victims of child maltreatment and their non-offending family members. "National Children's Alliance", the national, professional membership organization that provides standards for accreditation of children’s advocacy centers and is dedicated to helping local communities respond to allegations of child abuse in an effective and efficient manner. Section 2. There is hereby created a body politic and corporate to be known as the Massachusetts Children’s Alliance for the purpose of providing leadership, innovative programming, training, technical assistance, data collection, and capacity building to meet local, state, and national requirements for children’s advocacy centers. The alliance may contract with state and federal entities to ensure that children’s advocacy centers are equipped to meet the needs of child victims of abuse. The alliance may receive and disburse any funds, grants, and services in furtherance of its functions. Section 3. Children’s advocacy centers shall provide a formal, integrated, culturally competent and multidisciplinary response to child maltreatment for the benefit of children and their non-offending family members. The centers shall expedite a streamlined process by means of a prompt, coordinated, child focused, fact finding forensic multidisciplinary team interview and assessment which obtains the information required by involved agencies and ensures children are not further traumatized by the systems intended to aid. Moreover, this collaborative process shall ensure that professionals have the necessary information to provide services in the best interest of the child. The centers shall offer comprehensive services to address the mental health and medical needs of children. The centers shall continuously work towards the improvement of prevention strategies and intervention responses.

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An Act relative to employees of private railroads

H1610

HD1417

{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:22:29.747'}

[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:22:29.7466667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:12:03.35'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-01T12:34:12.3933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1610/DocumentHistoryActions

Bill

By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 1610) of Kathleen R. LaNatra, Christopher Hendricks and Michael D. Brady relative to assault and battery upon certain employees of private railroads delivering a public service. The Judiciary.

Section 13D of said chapter 265 of the General Laws as so appears is hereby amended by inserting after the word "employee" the following words:- to include employees of private railroads delivering a public service.

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An Act relative to the definition of attempted murder

H1611

HD3196

{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-20T10:46:31.967'}

[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-20T10:46:31.9666667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-04-03T12:37:08.3033333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-09-08T10:46:03.4133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1611/DocumentHistoryActions

Bill

By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 1611) of Kathleen R. LaNatra relative to including "stabbing" in the definition of attempted murder. The Judiciary.

Section 16 of Chapter 265 of the General Laws is hereby amended by adding the following after the word “poisoning,” in line 1:- “stabbing,”

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An Act relative to due process

H1612

HD1432

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:47:18.217'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:47:18.2166667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T16:40:46.1666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:49:00.9433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:18:19.81'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-04-18T11:02:50.2666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-24T14:17:56.02'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-20T12:32:01.7733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1612/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1612) of John J. Lawn, Jr., and others relative to due process. The Judiciary.

Chapter 6E of the General Laws is amended by adding the following sentence after the second sentence in sec.10(f): “For all decisions of the Commission resulting in suspensions in excess of 2 weeks or decertification, the CH.30A appeal shall include a de novo review.”

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An Act to extend statute of limitations for incest

H1613

HD1462

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:04:58.47'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T14:04:58.47'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-31T14:53:38.3066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:53:38.3066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:16:50.4'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1613/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1613) of John J. Lawn, Jr., and others relative to extending the statute of limitations for incest. The Judiciary.

Section 1. The second paragraph of Section 63 of Chapter 277, is hereby amended to provide as follows: - Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 22, 22A, 23, 24B, 26A or 50 of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, or, if a victim of section 17 of chapter 272 is under the age of 18 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 (or has reached age 18 if a victim of section 17 of chapter 272) or the violation is reported to a law enforcement agency, whichever occurs earlier.

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An Act eliminating the statute of limitation in civil child sexual abuse cases

H1614

HD3804

{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-20T14:36:23.4'}

[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-20T14:36:23.4'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:59:05.88'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:16:05.5033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1614/DocumentHistoryActions

Bill

By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 1614) of John J. Lawn, Jr., Carol A. Doherty and Vanna Howard for legislation to eliminate the statute of limitation in civil child sexual abuse cases. The Judiciary.

SECTION 1. Section 4C of chapter 260 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- Actions of tort alleging the defendant sexually abused a minor may be commenced at any time after the acts alleged to have caused an injury or condition. SECTION 2. Said chapter 260 is hereby amended by striking out section 4C1/2, as so appearing, and inserting in place thereof the following section:- Section 4C½. An action of tort alleging that the defendant negligently supervised a person who sexually abused a minor or that the defendant’s conduct caused or contributed to the sexual abuse of a minor by another person may be commenced at any time after the acts alleged to have caused an injury or condition. For the purposes of this section, “sexual abuse” shall have the same meaning as in section 4C. SECTION 3. Sections 4C and 4C1/2 shall apply regardless of when acts alleged to have caused an injury or condition to a minor shall have accrued and regardless of whether it may have lapsed or would otherwise be barred by time under any law of the commonwealth. In an action based on sexual abuse against a minor that would have been barred by time under any law of the commonwealth in effect before the effective date of this act, damages may be awarded against an entity that employed or supervised the person who allegedly committed the sexual abuse only if there is a finding of negligence on the part of the entity.

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An Act establishing a right to counsel in civil asset forfeiture cases

H1615

HD201

{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:20:28.723'}

[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T16:20:28.7233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1615/DocumentHistoryActions

Bill

By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 1615) of David Henry Argosky LeBoeuf relative to establishing a right to counsel in civil asset forfeiture cases. The Judiciary.

Subsection (d) of section 47 of chapter 94C of the General Laws is hereby amended by striking the second, third, and fourth paragraphs and inserting in place thereof the following:- SECTION 1 Upon the filing of a claim to the property by any person other than the commonwealth, the clerk of the court shall determine whether the person is a natural person. Upon a determination that the claimant is a natural person, the chief counsel of the committee for public counsel services shall assign the case to either the public counsel division or the private counsel division. The final order of the court shall provide that said moneys and the proceeds of any such sale shall be distributed to the Counsel for Indigent Salary Enhancement Trust Fund established under section 35Z of chapter 10 of the General Laws, and shall then be expended without further appropriation to pay (1) counsel assigned or appointed pursuant to this section, and (2) counsel assigned or appointed to represent parties in summary process proceedings. SECTION 17 The committee shall establish, supervise and maintain a system for the appointment of counsel for the provision of legal services for indigents subject to summary process or similar proceedings and resulting appeals under chapter 239 and section 19 of chapter 139 as provided by section 2B of chapter 239 and section 19½ of chapter 139. Legal aid organizations that provide representation to indigent individuals and families are eligible for appointment and may be designated as counsel within the meaning of this section.

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An Act enhancing justice for families harmed by lead

H1616

HD1252

{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-18T12:14:03.647'}

[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-18T12:14:03.6466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:39:43.5333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1616/DocumentHistoryActions

Bill

By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 1616) of David Henry Argosky LeBoeuf and Vanna Howard relative to legal proceedings to recover damages caused by exposure to lead. The Judiciary.

SECTION 1. Section 189A of Chapter 111, as appearing in the 2016 Official Edition, is hereby amended striking out the words “one hundred and ninety-nine B”, in line 2, and inserting in place thereof the following:-  “one hundred and ninety-nine C” SECTION 2. Said section 189A of Chapter 111, as so appearing, is hereby further amended by inserting after the word “seventy-eight”, in line 39, the following:- “Placing lead in commerce”.  A party shall be regarded as having placed lead in commerce if it offers lead for sale or incorporates lead into products and offers the products for sale, or the party knows or should have known that the sold materials consisting of lead or containing lead would be incorporated into products that would be offered for sale.  This shall not include sale for use that is not expected to cause exposures, such as lead batteries that are intended to be used in a closed-loop fashion and recycled, if the party placing lead into commerce has taken action to restrict sale to such uses and to provide assistance with recycling, unless it is shown that the party should have known the batteries or other lead-containing product intended to be used in a closed-loop fashion and recycled would not in fact be recycled.  It shall not include retail facilities that accept articles for sale and do not themselves incorporate lead into the products they sell.  It shall not include materials containing lead below limits set under federal or state definitions pertaining to lead-containing products.  “Lead-containing materials used to convey drinking water” shall include lead service lines and other components of drinking water systems. However, solder, brass fittings and pumps and decorative items shall not be included unless it is shown that lead content was present in excess of limits or in violation of proscriptions on use by any government authority. SECTION 3. Said Chapter 111 is hereby amended by inserting, after Section 199B, the following section:- Section 199C. (a) In any legal proceeding to recover damages caused by exposure to lead from coatings, lead-containing materials used to convey drinking water, materials prohibited by Section 196 of this chapter, and any other product made of or containing lead placed in commerce and used in residences, schools, hospitals or child-occupied facilities as defined under the federal Residential Lead-Based Paint Hazard Reduction Act, the inability to identify the specific party that placed lead or lead-containing products into commerce shall not prevent those harmed by such placement from recovering for damages caused by exposure to the lead or the lead-containing product. When a plaintiff is shown to have lead in blood, bones, teeth or other body tissues at levels identified in the scientific literature causative of injury such injury shall be presumed to have been caused by lead exposure. Plaintiffs suffering injury consistent with exposure to lead caused by the placement of such products in commerce may recover damages for their injury by establishing by a preponderance of evidence the following: (1) that the defendant placed lead or lead-containing products into commerce which caused exposures sufficient to cause injury, and (2) that the party placing lead in commerce knew or should have known that such harm was a likely consequence of their actions, and (3) the party placing lead in commerce took no or insufficient action to prevent such harm.  (b) No party placing lead into commerce shall be liable if they can show the following: (1) that they took actions to prevent exposures by users of their product, sufficient to reach and adequately inform all potential users and to include all potential uses.  Proof of adequate measures taken to ensure safety through the life-cycle of the use of the lead or lead-containing product must include information about appropriate post-use management of the product, or (2) that they sold their product for uses that a reasonable person could expect would not subject anyone to harm, or (3) that their product could not have harmed the plaintiff, or (4) that they had no reason to expect that their product might be used in residences, schools, hospitals, or child-occupied facilities as defined by the federal Residential Lead-Based Paint Hazard Reduction Act, or used by consumers in a manner that would cause exposure to lead, or  (c) A court may use any reasonable means of allocating liability amongst those who placed lead in commerce, including determining that liability may be apportioned according to the market share relevant to the activity that caused the harm.  The ability of courts to dictate allocation of liability amongst jointly responsible parties shall not mitigate the ability of plaintiffs to recover from any particular defendant found to be liable under this section. (d) This section does not pertain to, nor does it remove any existing liability applicable to providers or sellers of housing, nor to the availability of a cause of action against defendants described herein by any plaintiffs except those injured by lead, except that public officials may seek compensation for victims of lead poisoning as part of an action seeking reimbursement for the costs of remediating lead-contaminated properties.  (e)  The remedy provided by this section is not exclusive and supplements any existing statutory or common law cause of action.  (f) A parent or guardian of a child, landlord, seller or manager of properties, housing authority, retailer, government official, child-occupied facility, school district or other entity except those placing lead in commerce shall not be liable to those placing lead in commerce in an action for contribution for damages recovered under this section. (g) Nothing in this section shall prevent or mitigate any right to recover damages from exposure to lead nor any defense to such recovery available under other statutes or common law. (h) The ability to recover damages from lead exposure under this section shall be available for six years after its passage, or six years from the time that a plaintiff has reason to know or should have known that they have the right to such recovery, whichever is longer. (i)  The Department of Public Health, in consultation with agencies of the Commonwealth on the Toxics Use Reduction Administrative Council, and the Departments of Agricultural Resources and Fish and Wildlife as relevant, may add other products to this chapter, even though not commonly used in residences, schools, hospitals or child-occupied facilities, if they deem it advisable for the protection of public health.

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An Act supporting consenting young adults

H1617

HD2266

{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T16:27:31.6'}

[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T16:27:31.6'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-20T07:42:25.45'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:42:25.45'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:28:09.0466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:30:11.5433333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T10:29:02.2666667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-08T15:51:27.2166667'}]

{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T16:27:31.6'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1617/DocumentHistoryActions

Bill

By Representatives Lewis of Framingham and Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1617) of Jack Patrick Lewis, Dylan A. Fernandes and others relative to the penalties for violations of age of consent laws for young adults. The Judiciary.

SECTION 1. Section 13B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “prosecuted” the following words:- unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years. Notwithstanding the provisions of section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court. SECTION 2. Said chapter 265, as so appearing, is hereby further amended by striking out section 23 and inserting in place thereof the following:- Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor under 16 years of age, unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall not be placed on file or continued without a finding. Notwithstanding the provisions of section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court. SECTION 3. Section 4 of chapter 272 of the General Laws is hereby repealed.

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An Act repealing homophobic and transphobic laws

H1618

HD2233

{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:30:44.11'}

[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:30:44.11'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T07:34:50.4066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:34:50.4066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-22T08:26:11.7166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:26:11.7166667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:29:33.6933333'}]

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-18T17:30:44.11'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1618/DocumentHistoryActions

Bill

By Representatives Lewis of Framingham and Montaño of Boston, a petition (accompanied by bill, House, No. 1618) of Jack Patrick Lewis, Samantha Montaño and others for legislation to repeal certain laws prohibiting acts performed with other persons or animals. The Judiciary.

SECTION 1. Section 34 of Chapter 272 of the General Laws is hereby repealed. SECTION 2. Section 35 of Chapter 272 of the General Laws is hereby repealed.

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An Act increasing penalties for the illegal sale and possession of firearms

H1619

HD356

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:05:15.067'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:05:15.0666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:02:36.9533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:11:27.7266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:33.49'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:34:59.27'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T15:04:29.38'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:39:15.6133333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T08:01:48.12'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1619/DocumentHistoryActions

Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1619) of David Paul Linsky and others relative to increasing penalties for the illegal sale and possession of firearms. The Judiciary.

SECTION 1. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 90, the word “five” and inserting in place thereof the following word:- 10. SECTION 2. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 110, the word “seven” and inserting in place thereof the following word:- 20. SECTION 3. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 112, the word “ten” and inserting in place thereof the following word:- 20. SECTION 4. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 114, the words “fifteen years” and inserting in place thereof the following words:- life imprisonment. SECTION 5. Section 10 of Chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in line 138 after the after the word “years”:- or not less than 3 nor more than 10 years in state prison. And striking out the words “or by a fine of not more than five hundred dollars.” SECTION 6. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 156, the word “5” and inserting in place thereof the following word:- 20. SECTION 7. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 201, the word “ten” and inserting in place thereof the following word:- 20. SECTION 8. Section 128 of Chapter 140 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 11, the word “ten” and inserting in place thereof the following word:- 20.

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An Act relative to child fatality review

H162

HD3350

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:06:42.617'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:06:42.6166667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-24T15:26:29.2266667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T10:10:41.51'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:23:45.2766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-21T08:54:51.0266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H162/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 162) of Michael J. Finn and others for legislation to establish a child fatality review team within the Office of the Child Advocate. Children, Families and Persons with Disabilities.

SECTION 1: Chapter 18C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 14 the following section: Section 15: (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: “Child”, a person under the age of 18. “Fatality”, a death of a child. “Local team”, a local child fatality review team established in subsection (c). “Near fatality”, an act that, as certified by a physician, places a child in serious or critical condition. “State team”, the state child fatality review team established in subsection (b). “Team”, the state or a local team. “Office”, the office of the child advocate. (b) There shall be a state child fatality review team within the office. Notwithstanding section 172 of chapter 6, members of the state team shall be subject to criminal offender record checks to be conducted by the colonel of state police on behalf of the child advocate. All members shall serve without compensation for their duties associated with membership on the state team. The state team shall consist of not less than: (i) the child advocate, or designee, who shall serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the commissioner of children and families, or designee; (vi) the commissioner of elementary and secondary education, or designee; (vii) a representative selected by the Massachusetts District Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the commissioner of early education and care, or designee; (xiv) a representative selected by the Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or by majority vote of the members of the state team, with expertise or information relevant to an individual case. The purpose of the state team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence of child fatalities and near fatalities; and (2) advising the governor, the general court and the public by recommending changes in law, policy and practice to prevent child fatalities and near fatalities. The state team may consult with the chief justice of the juvenile court department of the trial court of the commonwealth on issues with a direct bearing upon the business of the Massachusetts courts. To achieve its purpose, the state team shall: (i) develop model investigative and data collection protocols for local teams; (ii) provide information to local teams and law enforcement agencies for the purpose of protecting children; (iii) provide training and written materials to local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v) study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi) analyze community, public and private agency involvement with the children and their families prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of data regarding fatalities and near fatalities and provide training to local teams on the protocol; (viii) develop and implement rules and procedures necessary for its own operation; and (ix) provide the governor, the general court and the public with annual written reports, subject to confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and recommendations. (c) There shall be a local child fatality review team in each district established under section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team shall be subject to criminal offender record checks to be conducted by the district attorney. All members shall serve without compensation for their duties associated with membership on a local team. Each local team shall include, but not be limited to: (i) the district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a local police officer from a municipality where a child fatality or near fatality occurred, appointed by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from the department of public health (ix) at least one representative from the office of the child advocate; and (x) any other person with expertise or information relevant to an individual case who may attend meetings, on an ad hoc basis, by agreement of the permanent members of each local team; provided that such person may include, but shall not be limited to, a local or state law enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee of the commissioners of developmental services, mental health, youth services, education and early education and care. The purpose of each local team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and near fatalities; (ii) promoting cooperation and coordination between agencies responding to fatalities and near fatalities and in providing services to family members; (iii) developing an understanding of the causes and incidence of child fatalities and near fatalities in the county; and (iv) advising the state team on changes in law, policy or practice that may affect child fatalities and near fatalities. To achieve its purpose, each local team shall: (i) review, establish and implement model protocols from the state team; (ii) review, subject to the approval of the local district attorney, all individual fatalities and near fatalities in accordance with the established protocols; (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and near fatality cases and recommend methods of improving coordination of services between member agencies; (iv) collect, maintain and provide confidential data as required by the state team; and (v) provide law enforcement or other agencies with information to protect children. At the request of the local district attorney, the local team shall be immediately provided with: (i) information and records relevant to the cause of the fatality or near fatality maintained by providers of medical or other care, treatment or services, including dental and mental health care; (ii) information and records relevant to the cause of the fatality or near fatality maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, parole and probation information records and law enforcement data post-disposition, except that certain law enforcement records may be exempted by the local district attorney; (iii) information and records of any provider of social services, including the department of children and families, relevant to the child or the child's family, that the local team deems relevant to the review; and (iv) demographic information relevant to the child and the child's immediate family, including, but not limited to, address, age, race, gender and economic status. The district attorney may enforce this paragraph by seeking an order of the superior court. (d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter 123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to confidential communications shall not prohibit the disclosure of this information to the chair of the state team or a local team. Any information considered to be confidential pursuant to the aforementioned statutes may be submitted for a team’s review upon the determination of that team’s chair that the review of this information is necessary. The chair shall ensure that no information submitted for a team’s review is disseminated to parties outside the team. No member of a team shall violate the confidentiality provisions set forth in the aforementioned statutes. Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting shall not disclose any information relating to the team’s business. Team meetings shall be closed to the public. Information and records acquired by the state team or by a local team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties and purposes. Statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public. (e) Members of a team, persons attending a team meeting and persons who present information to a team shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting. (f) Information, documents and records of the state team or of a local team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of a team or are maintained by a team. (g) Nothing in this section shall limit the powers and duties of the child advocate or district attorneys. SECTION 2. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby repealed. SECTION 3. Section 3 of said chapter 38, as so appearing, is hereby amended by adding the following paragraph:- “The office shall immediately send any notification or report of a death under the circumstances enumerated in clause (15) to the state child fatality review team established by section 15 of chapter 18C, including, but not limited to, the known facts concerning the time, place, manner, circumstances and cause of such death. The chief medical examiner shall provide any additional information related to such notification or report to the state child fatality review team upon request.”

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An Act relative to harassment prevention orders

H1620

HD1041

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-18T10:03:12.317'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-18T10:03:12.3166667'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1620) of David Paul Linsky relative to harassment prevention orders. The Judiciary.

SECTION 1. Section 3 of Chapter 258e of the General Laws hereby amended by inserting after subsection (g) the following subsection:- (h) Upon a successful motion to vacate the harassment prevention order made by a plaintiff in the case, the defendant’s record shall be expunged and no evidence of the harassment prevention order shall remain on the defendant’s record.

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An Act relative to the penalty for disorderly persons

H1621

HD2152

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:01:33.243'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:01:33.2433333'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1621) of David Paul Linsky relative to the criminal penalty for certain disorderly persons and disturbers of the peace. The Judiciary.

SECTION 1. Section 53 of Chapter 272 of the General Laws, is hereby amended by inserting in subsection (b) after the figure “$150” the following: or not more than thirty days in a jail or house of correction.

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An Act relative to criminal background checks for youth program volunteers

H1622

HD2159

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:05:31.25'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:05:31.25'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1622) of David Paul Linsky for legislation to require the review of criminal offender record information for persons volunteering at organizations conducting activities and programs for children. The Judiciary.

SECTION 1. Section 172, Chapter 6 of the Massachusetts General Laws, is hereby amended by inserting at the end thereof the following new subsection: (34) Local law enforcement agencies may obtain criminal offender record information including sealed records for persons volunteering at an organization primarily engaged in providing activities or programs to children 18 years of age or less.

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An Act further regulating the appointment of certain guardians

H1623

HD2162

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:06:26.613'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:06:26.6133333'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1623) of David Paul Linsky relative to further regulating the appointment of certain guardians by the Probate Court. The Judiciary.

SECTION 1. Section 5-305 of chapter 190B of the General Laws, is hereby amended by striking out subsections (c) and (d) and inserting in place thereof the following subsection:- (c) Except as provided in subsection (b), the following, if suitable, are entitled to the presumption that they are the proper person for appointment as guardian of an incapacitated person by the court in the order listed; provided, however, that such presumption may be rebutted by the introduction of competent evidence: (1) the spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested to by at least 2 witnesses; (2) the parent or parents of the incapacitated person, or a person nominated pursuant to section 5-301; and (3) any person the court deems appropriate. A spouse, parent or parents wishing to designate a third party to serve as guardian of such person may freely elect to do so without prejudice. In such instances, the party so designated shall be presumed to the proper person to be appointed by the court. Such presumption may be rebutted by the introduction of competent evidence.

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An Act providing a stipend for first justices and regional administrative justices

H1624

HD2163

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:07:46.483'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:07:46.4833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-13T12:05:53.91'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1624) of David Paul Linsky relative to first justice and regional administrative justice stipends. The Judiciary.

SECTION 1. Section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph: - "Justices serving as a first justice and justices serving as a regional administrative justice, which titles shall not be deemed a judicial office as comprehended under the provisions of Article 1 of Chapter 111 of Part the Second of the Constitution, shall annually receive from the Commonwealth, in addition to the salary hereinbefore provided, an amount of $2,500."

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An Act regulating fees for the registration of attorneys

H1625

HD2167

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:10:16.737'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:10:16.7366667'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1625) of David Paul Linsky that the Board of Bar Overseers be prohibited from assessing an annual registration fee for attorneys who retire from the practice of law. The Judiciary.

SECTION 1. Chapter 211 of the General Laws is hereby amended by adding the following section:— Section 29. The Board of Bar Overseers shall not assess an annual registration fee for attorneys who retire from the practice of law, sitting judges, clerk-magistrates, as defined in Canon 1 of Supreme Judicial Court Rule 3:12, Federal clerks of court, chief deputy clerks and deputy clerks, employees of the General Court, District Attorneys and their assistants, the Attorney General and his assistants, attorneys employed by the Committee for Public Counsel Services, and attorneys employed by the Commonwealth of Massachusetts who do not otherwise engage in the practice of law.

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An Act for legislation relative to costs of appeals by the Commonwealth

H1626

HD2169

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:11:32.85'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:11:32.85'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1626) of David Paul Linsky relative to costs of appeals by certain defendants. The Judiciary.

SECTION 1. Section 28E of Chapter 278 of the General Laws is hereby amended by adding, after the third paragraph thereof, the following paragraph:- A defendant who is not indigent, as defined by Chapter 211D of the General Laws, and is therefore not entitled to public representation, is responsible for their own costs on appeal, unless the Commonwealth loses the appeal or the Commonwealth’s application thereof is denied. In such cases, a defendant is entitled to be reimbursed for the costs incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.

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An Act requiring the inclusion of certain civil rights offense information in the statewide domestic violence recordkeeping system

H1627

HD2193

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:20:00.557'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:20:00.5566667'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1627) of David Paul Linsky for legislation to require the inclusion of certain civil rights offense information in the statewide domestic violence record keeping system. The Judiciary.

SECTION 1. The commissioner of probation is hereby authorized and directed to include any injunction issued, whether a temporary, preliminary, permanent or final injunction, pursuant to sections 11H or section 11I of chapter 12, or section 127B of chapter 266, in the statewide domestic violence record keeping system created pursuant to St. 1992, c. 188 § 7. Such information shall be made available to judges considering the issuance of any injunction pursuant to sections 11H or 12I of chapter 12, or section 127B of chapter 266. Further, such information shall be made available to criminal justice agencies through the criminal justice information system maintained by the executive office of public safety. SECTION 2. Section 11H of chapter 12 of the General Laws is hereby amended by inserting after the second sentence the following sentences:— Upon issuance of an injunction, whether a final injunctive order, or a temporary, preliminary, or permanent injunction, as provided in this section, the clerk shall transmit a certified copy of such order to the commissioner of probation for entry into the statewide domestic violence record keeping system. The Attorney General shall transmit to the commissioner of probation a certified copy of each order obtained under this section that is in effect on the effective date of this amendment, for entry into the statewide domestic violence record keeping system. SECTION 3. Section 11I of chapter 12 of the General Laws is hereby amended by inserting after the second sentence the following sentence:— Upon issuance of an injunction, whether a final injunctive order, or a temporary, preliminary, or permanent injunction, as provided in this section, the clerk shall transmit a certified copy of such order to the commissioner of probation for entry into the statewide domestic violence record keeping system. SECTION 4. Section 127B of chapter 266 of the General Laws is hereby amended by inserting after the last sentence of the first paragraph, the following sentence: Upon issuance of an injunction, whether a final injunctive order, or a temporary, preliminary, or permanent injunction, as provided in this section, the clerk shall transmit a certified copy of such order to the commissioner of probation for entry into the statewide domestic violence record keeping system.

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An Act relative to the intimidation of witnesses and interfering with justice

H1628

HD2203

{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:22:21.55'}

[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T11:22:21.55'}]

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Bill

By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1628) of David Paul Linsky relative to intimidation in the criminal justice system. The Judiciary.

Section 1. Chapter 268 of the General Laws, section 13B, is hereby amended by striking out the section in its entirety and replacing it with the following: Section 13B. (1) Whoever, directly or indirectly, willfully (a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to, (b) conveys a gift, offer or promise of anything of value to, or (c) misleads, intimidates or harasses; (2) another person who is (a) a judge, juror, grand juror, attorney, police officer, federal agent, investigator, clerk, court officer, court reporter, probation officer or parole officer, (b) a person who is a witness or potential witness, (c) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole, bail, or other court order, or (d) a person who is or was attending, or had made known his intention to attend a proceeding referenced in subsection (3); (3) with the intent to (a) impede, obstruct, delay, prevent or otherwise interfere with (i) a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion hearing, a trial or other criminal proceeding of any type, or a parole hearing, or parole violation proceeding, or probation violation proceeding, or (ii) an administrative hearing, or a probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk's hearing, court-ordered mediation, or any other civil proceeding of any type; or (b) punish, harm or otherwise retaliate against any person described in subsection (2) for their participation in any of the aforementioned proceedings shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in jail or house of correction for not more than two and one half years, or by a fine of not less than $1,000 nor more than $5,000, or by both such fine and imprisonment. (4) As used in this section, “investigator” shall mean an individual or group of individuals lawfully authorized by a department or agency of the federal government, or any political subdivision thereof, or a department or agency of the commonwealth, or any political subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of his official duties. (5) As used in this section, “harass” shall mean to engage in any act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress. Such act shall include, but not be limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including but not limited to any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. (6) A prosecution under this section may be brought in the county in which the criminal investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.

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