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An Act relative to criminal offender record information checks

H1719

HD874

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:07:48.847'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:07:48.8466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1719/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1719) of Edward R. Philips relative to criminal offender record information checks. The Judiciary.

Section 172 of chapter 6 of the General Laws, as most recently amended by section 1 of chapter 202 of the acts of 2018, is hereby further amended by adding the following subsection:- (p) (1) Notwithstanding any provision of this section or any other general or special law to the contrary, a person may, upon application on a form to be established by the department, request that the department return a letter certifying that the person has no available criminal offender record information. Within 5 business days of receiving an application pursuant to this subsection, the department shall search all available criminal offender record information, including conviction data, arrest data, sealed record data and juvenile data, pertaining to that person. If the search confirms that there is no available criminal offender record information pertaining to that person, the department shall, within 5 business days, send a dated letter to the person certifying that there is no available criminal offender record information pertaining to that person. (2) Notwithstanding any provision of this section or any other general or special law to the contrary, in response to a requestor for a signed acknowledgement form pursuant to subsection (c), a subject may provide the requestor with a copy of a certification letter sent by the department pursuant to paragraph (1). If the subject provides the requestor with a valid certification letter dated by the department within 1 year before provision of the letter to the requestor, the requestor shall be considered to have: (i) obtained all available criminal offender record information pertaining to that person; and (ii) satisfied any requirement of this chapter or any other general or special law to obtain criminal offender record information for that person.

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An Act to enhance hospital care for those with autism and intellectual and developmental disabilities

H172

HD2229

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:07:03.203'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:07:03.2033333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-19T11:39:19.4833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:33:16.9'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:31:32.1'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-02T11:07:15.8766667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T11:07:15.8766667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:53:47.9233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T13:44:21.2733333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-07T11:28:23.5566667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T11:28:23.5566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T09:46:03.89'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:46:03.89'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:29:45.46'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T14:08:07.4633333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-10T15:03:53.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T10:29:58.9966667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T15:09:01.9033333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:27:44.4166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T10:54:01.6866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T09:53:59.27'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:21:25.34'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T14:53:26.5633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T11:44:14.5366667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-10T15:09:56.7133333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-03T15:11:23.6933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T15:30:21.92'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-09T16:37:02.48'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-05T13:42:37.59'}]

{'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-19T11:39:16.017'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H172/DocumentHistoryActions

Bill

By Representatives Garballey of Arlington and Hamilton of Methuen, a petition (accompanied by bill, House, No. 172) of Sean Garballey, Ryan M. Hamilton and others relative to enhancing hospital care for those with autism and intellectual and developmental disabilities. Children, Families and Persons with Disabilities.

Notwithstanding any general or special law to the contrary, within one year of the date of enactment, the executive office of health and human services shall create and maintain an integrated state plan to develop training and education as well as standards of care by appropriate healthcare providers related to the diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities. The plan should include implementation steps and recommendations from the advisory committee on intellectual and developmental disabilities that includes, but is not limited to: (1) continuing education requirements for applicable healthcare providers related to diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; (2) implementation of a strategy for the adoption of standards for improving assessment and diagnosis of intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities, for patients during routine outpatient primary care examinations; and (3) coordination with applicable state licensure boards, as recommended by the advisory committee on intellectual and developmental disabilities, the adoption of appropriate continuing education requirements related to intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities, as part of licensure renewals. Within six months of the date of enactment, there is hereby established an advisory committee on intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities. Said advisory committee shall be comprised of the following experts: (i) a designee of the secretary of health and human services; (ii) a designee of the commissioner of public health; (iii) two health care providers with expertise in the diagnosis, treatment, and care of patients with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; (iv) two patient advocates or family members of those with intellectual and developmental disabilities, including autism spectrum disorders and those with intersecting marginalized identities; and (iv) five statewide trade organizations that include the Arc of Massachusetts, the Massachusetts Health and Hospital Association, the Massachusetts Medical Society, and Massachusetts Psychiatric Society, and the Massachusetts Psychological Association. The advisory council shall develop recommendations for statewide standards for healthcare professionals regarding diagnosis, treatment, and care for patients with intellectual and developmental disabilities, including but not limited to, autism spectrum disorders and those with intersecting marginalized identities. Said standards shall include recommendations for training of healthcare providers, including but not limited to, physicians, psychologists, psychiatrists, physician assistants, registered nurses, and advanced practice registered nurses.

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An Act relative to offenses while driving on a non-administrative license suspension

H1720

HD888

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:40:35.87'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:40:35.87'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1720/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1720) of Edward R. Philips relative to penalties for driving on a non-administrative license suspension. The Judiciary.

SECTION 1. Section 23 of Chapter 90 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the fourth paragraph the following 3 paragraphs:- Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes injury to another person shall be punished by imprisonment in a house of correction for not more than 2 ½ years and a fine of not more than $1,000. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by imprisonment in a house of correction for not less than 6 months and not more than 2 ½ years and a fine of not more than $1,000. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a Finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of sixty days to one year after the date of conviction. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant. Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes serious bodily injury to another person shall be punished by imprisonment in a house of correction for not more than 2 ½ years or imprisonment in the state prison for not more than 5 years and a fine of not more than $3,000. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by imprisonment in a house of correction for a mandatory period of not less than 1 year and not more than 2 ½ years, or state prison for not less than 1 year but no more than 10 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty and a fine of not more than $3,000. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 1 year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of two years after the date of conviction. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant. Any person convicted of operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate; or of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by such operation causes the death of another shall be punished by imprisonment in a house of correction for a mandatory period of not less than 2 years and not more than 2 ½ years, or state prison for not less than 2 years but no more than 10 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty and a fine of not more than $5,000. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 2 years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Prosecutions commenced under this paragraph shall only apply to a person operating a motor vehicle in violation of section 10 of chapter 90 who on the date of operation was not eligible for issuance or renewal of a license to operate, or to a person whose license or right to operate has been suspended or revoked due to a conviction or continuance without a finding under this or any other chapter, or due to offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more. If the person has been previously convicted of a violation of sections 10 or 23 of chapter 90 by a court of the commonwealth or by a court of any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the person shall be punished by imprisonment in the state prison for not less than 5 years but no more than 15 years with said sentence to be served consecutively to and not concurrent with any other sentence or penalty and a fine of not more than $5,000. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served said 5 years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding. The registrar shall revoke the license or right to operate of a person convicted of a violation of this paragraph for a period of fifteen years to life after the date of conviction. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant. SECTION 2. Said section 23 of said chapter 90, as so appearing, is hereby amended by striking out the words “first or second”, in line 148, and inserting in place thereof the following words:- first, second, fifth, sixth or seventh. SECTION 3. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting, in line 12, after the word “90B” the following words:- , sixth or seventh paragraph of section 23 of chapter 90.

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An Act relative to the health of public safety officers

H1721

HD890

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:42:47.65'}

[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:42:47.65'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-18T13:14:40.7166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1721/DocumentHistoryActions

Bill

By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1721) of Edward R. Philips relative to the health of public safety officers exposed to hypodermic syringes or hypodermic needles. The Judiciary.

Section 1: Chapter 263 of the General Laws, as appearing in the 2012 Official Edition is hereby amended by adding after section 1A the following new section: Section 1B. Blood Testing Anyone under arrest shall be subject to a blood test, provided that one or more public safety personnel including but not limited to police officers, fire fighters or emergency medical technicians (EMT) were or are suspected to have been exposed to potential blood-borne pathogens. Exposure incidents include, but are not limited to, being stuck by a hypodermic syringe, being stuck by hypodermic needle, or being bitten. The arrested individual shall be tested immediately after arrest, and three months later, if the first test proved negative. The name of the tested person shall be subject to a confidentiality agreement with the police safety personnel who receives the result of the test, and the Department of Public Health shall maintain a record of the test results to provide care to anyone infected.

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An Act relative to wiretapping in the Commonwealth

H1722

HD2652

{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-17T16:12:27.5'}

[{'Id': None, 'Name': 'Michael Hyde', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T16:12:27.5'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1722/DocumentHistoryActions

Bill

By Representative Philips of Sharon (by request), a petition (accompanied by bill, House, No. 1722) of Michael Hyde relative to wiretapping. The Judiciary.

SECTION 1. Subparagraph 1 of paragraph D of section 99 of chapter 272 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following clause:- g. for a person not acting under color of law to intercept a wire communication containing a person's speech or oral communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception.

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An Act relative to legal advertisements in online-only newspapers

H1723

HD109

{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:29:09.15'}

[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:29:09.15'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-16T14:43:58.3666667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T14:52:55.6966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:27:49.8133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T21:49:35.5666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T10:18:24.7933333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:09:27.0766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T14:12:56.6566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1723/DocumentHistoryActions

Bill

By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 1723) of Smitty Pignatelli and others relative to legal advertisements in online-only newspapers. The Judiciary.

SECTION 1. Subsection (b) of section 13 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- Provided further, that for an online-only newspaper that does not maintain a print publication, publication on its own website and on a statewide website shall satisfy the publication requirement. SECTION 2. Subsection (d) of said section 13 of said chapter 4, as so appearing, is hereby amended by adding the following sentence:- For an online-only newspaper, an error in a legal notice published on the online-only newspaper's website or the statewide website that is the result of (1) an error of the website operator; or (2) a temporary website outage or service interruption that prevents the publication or display of a legal notice on the website, shall not constitute a defect in publication of the legal notice; provided, however, that the legal notice appears correctly on either the online-only newspaper's website or the statewide website, and satisfies all other legal notice requirements.

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An Act relative to recreational games at senior centers

H1724

HD171

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:09:41.883'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:09:41.8833333'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-13T16:18:09.9133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-25T13:43:25.03'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-23T13:39:25.0433333'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-03-01T12:32:06.1266667'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-04-05T10:14:54.97'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-04-18T16:07:36.9933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1724/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1724) of Angelo J. Puppolo, Jr., and others relative to regulation of recreational games at senior centers. The Judiciary.

SECTION 1: Chapter 271 of the General Laws is hereby amended by inserting after section 22B the following section:- Section 22C. (a) For purposes of this section, the term “recreational games" shall mean any card game or game of chance, including but not limited to, poker, pinochle, bridge, rummy, canasta, hearts, dominos, cribbage, and any type of recreational bingo in which: (i) the winnings of any player in a single game or session does not exceed $20; (ii) the amount of money contributed by a single player during the entire session is $5 or less; (iii) all money wagered on the game is distributed to the players by the end of the session; (iv) all players are natural persons who attend and compete in the game, in person, as a contestant or bettor on equal terms with the other players therein without receiving or becoming entitled to receive something of value or any profit therefrom other than his or her personal winnings from the game; and (v) no person receives or becomes entitled to receive any profit, outside the winnings of a player, for the arrangement or facilitation of the game or permitting the use of premises for the game; (vi) the provisions of Section 22C of chapter 271 shall only apply to said recreational games taking place at municipal and town senior centers in the commonwealth. (b) Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for hosting or playing in a recreational game in a public or private setting; provided, however, private establishments may refuse to permit the playing of such recreational games.

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An Act relative to the Commonwealth’s right to appeal bail decisions

H1725

HD283

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:52:18.977'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T13:52:18.9766667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-12T15:21:54.5266667'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-13T09:33:33.81'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:34:34.69'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T09:10:35.3266667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-13T09:44:23.8666667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:45:53.37'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-12T15:08:30.0833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1725/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1725) of Angelo J. Puppolo, Jr., and others relative to bail decision appeals. The Judiciary.

SECTION 1. Section 58 of Chapter 276, of the General Laws as appearing in the 2014 Official Edition, is hereby amended by striking the sixth and seventh paragraphs and inserting in place thereof the following 4 paragraphs:-- A person aforesaid charged with an offense and not released on his personal recognizance without surety by a clerk or assistant clerk of the district court, a bail commissioner or master in chancery shall forthwith be brought before the next session of the district court for a review of the order to recognize in accordance with the standards set forth in the first paragraph of this section. The court shall provide as an explicit condition of release for any person admitted to bail pursuant to this section or Section 57 that should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with this paragraph and the court shall enter in writing on the court docket that the person was so informed and the docket shall constitute prima facie evidence that the person was so informed. If a person is on release pending the adjudication of a prior charge, and the court before which the person is charged with committing a subsequent offense after a hearing at which the person shall have the right to be represented by counsel, finds probable cause to believe that the person has committed a crime during said period of release, the court shall then determine, in the exercise of its discretion, whether the release of said person will seriously endanger any person or the community. In making said determination, the court shall consider the gravity, nature and circumstances of the offenses charged, the person's record of convictions, if any, and whether said charges or convictions are for offenses involving the use or threat of physical force or violence against any person, whether the person is on probation, parole or other release pending completion of sentence for any conviction, whether he is on release pending sentence or appeal for any conviction, the person's mental condition, and any illegal drug distribution or present drug dependency. If the court determines that the release of said person will seriously endanger any person or the community and that the detention of the person is necessary to reasonably assure the safety of any person or the community, the court may revoke bail on the prior charge and may order said person held without bail pending the adjudication of said prior charge, for a period not to exceed sixty days. The hearing shall be held upon the person's first appearance before the court before which the person is charged with committing an offense while on release pending adjudication of a prior charge, unless that person, or the attorney for the commonwealth, seeks and the court allows, a continuance because a witness or document is not immediately available. Except for good cause, a continuance on motion of the person shall not exceed seven days and on motion of the attorney for the commonwealth may not exceed three business days. During such continuance, the person may be detained consistent with the provisions of this section. Said order shall state in writing the reasons therefor and shall be reviewed by the court upon the acquittal of the person, or the dismissal of, any of the cases involved. A person so held shall be brought to trial as soon as reasonably possible. A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance without surety may petition the superior court for review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. The Commonwealth, with the approval of the District Attorney or the Attorney General, or his or her designee, may petition the superior court for a review of the order of the district court or the detaining authority admitting a person to bail on his personal recognizance without surety, or admitting a person to bail with or without surety. The Commonwealth's petition shall be filed no later than the next business day after the entry of the order of the district court or the detaining authority. The filing of a petition by the Commonwealth shall not stay the order of the district court admitting the person to bail on his personal recognizance without surety or admitting the person to bail with or without surety. The court shall inform the defendant that a petition by the Commonwealth may be filed, that if the Commonwealth files a petition and if the defendant is released on personal recognizance without surety or is released on bail with or without surety, he shall appear at the superior court for the hearing on the morning of the next business day following the filing of the Commonwealth's petition, and that failure to appear in the superior court could result in arrest or revocation of bail. When a petition for review is filed in the district court or with the detaining authority subsequent to defendant’s district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, or by writing delivered in hand or by facsimile or electronic transmission that same day, the clerk and probation officer of the district court, the defendant, the district attorney for the district in which the district court is located, the prosecuting officer, the defendant’s counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court’s reasons for denying the release of the defendant on his personal recognizance without surety, or for releasing the defendant on his personal recognizance without surety, or for setting bail in the amount determined, to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the defendant, including the defendant’s record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any defendant in its custody to be brought before the said superior court on the same day the petition shall have been filed, unless the district court or the detaining authority shall determine that such appearance and hearing on the petition cannot practically take place before the adjournment of the sitting of said superior court for that day and in which event, the defendant shall be caused to be brought before said court for such hearing during the morning of the next business day of the sitting of said superior court. Where the Commonwealth has filed a petition for review and where the defendant has been released on personal recognizance without surety, or has posted bail and has been released from custody, the superior court shall order the defendant to appear before the court for review on the next business day following the filing of the Commonwealth's petition for review, and such hearing shall not be continued absent extraordinary circumstances. The district court is authorized to order any officer authorized to execute criminal process to transfer the defendant and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the defendant and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the defendant to transport the defendant to said superior court without the issuance of any writ or other legal process, provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant before the superior court. The superior court shall in accordance with the standards set forth in the first paragraph of this section, hear the petition for review as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. If the Commonwealth files a petition and if the defendant is released on personal recognizance without surety or is released on bail with or without surety, absent extraordinary circumstances, the superior court shall hear the petition on the next business day following the filing of the Commonwealth's petition for review. The justices of the superior court may, after a hearing on the petition for review, order that the defendant be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, may make any other order of bail or recognizance, including increasing the amount of the recognizance or requiring sufficient surety, or both, or remand the defendant in accordance with the terms of the process by which he was ordered committed by the district court. SECTION 2. Said Section 58 of said Chapter 276 of the General Laws, as so appearing, is hereby further amended by inserting after the word “review”, in line 299, the following words: -- "by either the defendant or the Commonwealth." SECTION 3. Said Section 58A of said Chapter 276 of the General Laws, as so appearing, is hereby amended by striking clause 7, and inserting in place thereof the following clause:-- (7) A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance without surety, or the Commonwealth, with the approval of the District Attorney or the Attorney General, or his or her designee, may petition the superior court for a review of the order of the recognizance. The justice of the district court shall thereupon immediately notify the defendant and the Commonwealth of the right to file a petition for review in the superior court. The Commonwealth's petition shall be filed no later than the next business day after the entry of the order of the district court or the detaining authority. The filing of a petition by the Commonwealth shall not stay the order of the district court admitting the defendant to bail on his personal recognizance without surety or releasing the defendant on conditions as set forth in subsection (2). The court shall inform the defendant that a petition by the Commonwealth may be filed, that if the Commonwealth files a petition and if the defendant is released, he shall appear at the superior court for the hearing on the morning of the next business day following the filing of the Commonwealth's petition, and that failure to appear could result in arrest or revocation of bail. When a petition for review is filed in the district court or with the detaining authority subsequent to defendant's district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, or by writing delivered in hand or by facsimile or electronic transmission that same day, the clerk and probation officer of the district court, the defendant, the district attorney for the district in which the district court is located, the prosecuting officer, the defendant's counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court's reasons for the order on the Commonwealth's motion for an order of pretrial detention under subsection (2), to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the defendant, including the defendant's record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any defendant in its custody to be brought before the said superior court on the same day the petition shall have been filed, unless the district court or the detaining authority shall determine that such appearance and hearing on the petition cannot practically take place before the adjournment of the sitting of said superior court for that day and in which event, the defendant shall be caused to be brought before said court for such hearing during the morning of the next business day of the sitting of said superior court. Where the Commonwealth petitions for review and where the district court has denied the Commonwealth's motion for an order of pretrial detention and has found that there are conditions of release that will reasonably assure the safety of any other individual or the community and the defendant has been released, or where the district court has released the defendant on personal recognizance, the superior court shall order the defendant to appear before the court for review of the district court's decision on the next business day after the filing of the Commonwealth's petition for review, and such hearing shall not be continued absent extraordinary circumstances. The district court is authorized to order any officer authorized to execute criminal process to transfer the defendant and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the defendant and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the defendant to transport the defendant to said superior court without the issuance of any writ or other legal process; provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant before the superior court. The superior court shall in accordance with the standards set forth in Section 58A, hear the petition for review under Section 58A as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. Where the district court has denied the Commonwealth's motion for an order of pretrial detention and has found that there are conditions of release that will reasonably assure the safety of any other individual or the community and the defendant has been released, or where the district court has released the defendant on personal recognizance without surety, the superior court shall hear the Commonwealth's petition for review on the next business day following the filing of the Commonwealth's petition for review. The justice of the superior court may, after a hearing on the petition for review, order that the petitioner be released on bail on his personal recognizance without surety, or, in his discretion, to reasonably assure the effective administration of justice, make any other order of bail or recognizance, including the issuance of an order for pretrial detention, or remand the defendant in accordance with the terms of the process by which he was ordered committed by the district court.

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An Act to further clear titles to real property affected by technical irregularities in recorded instruments

H1726

HD285

{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T15:58:53.933'}

[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T15:58:53.9333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1726/DocumentHistoryActions

Bill

By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1726) of Angelo J. Puppolo, Jr., for legislation to further clear titles to real property affected by technical irregularities in recorded instruments. The Judiciary.

SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section 24 and inserting in place thereof the following section:- Section 24. When any owner of land or of any interest in such land, signs an instrument in writing conveying or purporting to convey his land or any interest therein, or in any manner affecting or purporting to affect his title thereto or an interest therein, and the instrument, whether or not entitled to record or registration, is recorded or registered and indexed in the registry of deeds or registered land district for the district wherein such land is situated, and a period of ten years elapses after the instrument is accepted for record or registration, and the instrument or the record or registration thereof because of defect, irregularity or omission fails to comply in any respect with any requirement of law relating (1) to seals, corporate or individual, (2) to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property as representative of or on behalf of a person, trust or entity who owns or holds such interest and is also named in the grantor clause, (3) to the form or validity of an acknowledgment or a certificate of acknowledgment, (4) to witnesses, attestation, proof, method or form of execution, or the time of execution, (5) to recitals of consideration, residence, address, or date, (6) to the authority of a person executing such an instrument on behalf of an individual under a power of attorney, (7) to the method or form by which a person acting under a power of attorney executes such an instrument on behalf of the principal, (8) to the authority of a person executing such an instrument on behalf of a trust or entity and purporting to hold the office or position of trustee, manager, partner, president, vice president, treasurer or other similar office or position, including assistant to any such office or position, or otherwise purporting to be an authorized signatory for such trust or entity, including under a power of attorney on behalf of such trust or entity, or (9) to the method or form by which such person executes such an instrument on behalf of a trust or entity, such instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be effective for all purposes to the same extent as though the instrument and the record thereof had originally not been subject to the defect, irregularity or omission, or to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property in a capacity other than that in which such person actually owns or holds such interest, unless within said period of ten years a proceeding is commenced on account of the defect, irregularity or omission, and notice thereof pursuant to section 15 of this chapter is duly recorded or registered as appropriate and indexed and noted on the margin thereof under the name of the signer of the instrument, the owner or holder of the affected interest at the time of the recording or registration of the instrument and the record owner or holder of the interest at the time of the filing of such notice and, in the event of such proceeding, unless relief is thereby in due course granted. SECTION 2. The provisions of this Act shall apply to instruments and documents recorded or registered before, on or after the effective date, except as to any such instruments or documents for which a court proceeding challenging the effectiveness or validity of any such instrument or document and the title derived therefrom has been commenced pursuant to this section as in effect prior to said effective date.

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An Act establishing a commission to study judicial accountability in the Commonwealth

H1727

HD1635

{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-18T16:19:17.413'}

[{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-18T16:19:17.4133333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:19:17.6633333'}]

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:19:17.413'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1727/DocumentHistoryActions

Bill

By Representatives Ramos of Springfield and González of Springfield, a petition (accompanied by bill, House, No. 1727) of Orlando Ramos and Carlos González for legislation to establish a commission to study judicial accountability in the Commonwealth. The Judiciary.

SECTION 1. Notwithstanding any special or general law to the contrary there shall be a special commission on judicial accountability to study the nomination, selection, appointment, and oversight of judges in the Commonwealth and to develop recommendations to improve accountability including reappointment standards. The special commission shall consist of: three members to be appointed by the governor; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader; the president of the Massachusetts Bar Association or their designee; the president of the Asian American Lawyers Association of Massachusetts or their designee; president of the Barnstable Bar Association or their designee; the president of the Berkshire County Bar Association or their designee; president of the Boston Bar Association or their designee; president of the Bristol County Bar Association or their designee; president of the Essex County Bar Association or their designee; the president of the Franklin County Bar Association or their designee; president of the Hampden County Bar Association or their designee; president of the Hampshire County Bar Association or their designee; president of the League of Women Voters or their designee; president of the Massachusetts Association of Hispanic Attorneys or their designee; president of the Massachusetts Association of Women Lawyers or their designee; president of the Massachusetts Black Lawyers Association or their designee; president of the Massachusetts Judges Conference or their designee; president of the Massachusetts LGBTQ Bar Association or their designee; president of the Middlesex Bar Association or their designee; president of the Norfolk County Bar Association or their designee; president of the Plymouth County Bar Association or their designee; president of the Suffolk County Bar Association or their designee; president of the Woman’s Bar Association or their designee; and the president of the Worcester County Bar Association or their designee. The commission shall elect from among its members a chair, a vice chair and any other officers it deems necessary. The members of the commission shall receive no compensation for their services, other than as may be already provided for due to their position outside the commission. The commission may receive such funds to carry out its mission as may be authorized and appropriated or donated from time to time. The commission may request from all state agencies such information and assistance as the commission may require, which shall be provided as promptly as is reasonably practicable. The commission may: (i) use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (ii) hold regular, public meetings and fact-finding hearings and other public forums as it may consider necessary. The commission shall convene its first meeting within one month of appointment and shall submit its first report of recommendations not later than December 1, 2021 to the clerks of the House of Representatives and the Senate who shall forward a copy of the report to the House and Senate chairs of the Joint Committee on the Judiciary.

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An Act to implement the recommendations of the special commission on facial recognition technology

H1728

HD2304

{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T12:12:02.353'}

[{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T12:12:02.3533333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:12:02.51'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:44:35.04'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-13T14:41:54.6766667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-15T16:11:55.1133333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T16:11:55.1133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T10:54:27.4066667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-03T14:49:35.6433333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-23T10:06:12.3866667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-10-12T13:03:58.9166667'}]

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T12:12:02.353'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1728/DocumentHistoryActions

Bill

By Representatives Ramos of Springfield and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1728) of Orlando Ramos, David M. Rogers and others for legislation to implement the recommendations of the special commission on facial recognition technology. The Judiciary.

SECTION 1. Chapter 6 of the General Laws, as amended by chapter 253 of the acts of 2020, is hereby amended by striking section 220 and inserting in place thereof the following section: - Section 220. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Biometric surveillance technology”, any computer software that performs facial recognition or other remote biometric recognition. “Facial recognition”, an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body to derive information about the associations, activities or location of an individual; provided, however, that “facial recognition” shall not include the use of search terms to sort images in a database. “Facial recognition search”, the use of facial recognition to analyze an image. “Law enforcement agency”, as defined in section 1 of chapter 6E. “Law enforcement officer” or “officer”, as defined in section 1 of chapter 6E. “Other remote biometric recognition”, an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual’s gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that “other remote biometric recognition” shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact. “Public agency”, any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose. “Public official”, any officer, employee, agent, contractor or subcontractor of any public agency. (b) Absent express authorization in a general or special law to the contrary, it shall be unlawful for a law enforcement agency or officer to acquire, possess, access, use, assist with the use of or provide resources for the development or use of any biometric surveillance technology, or to enter into a contract with or make a request to a third party, including any federal agency, for the purpose of acquiring, possessing, accessing or using information derived from a biometric surveillance technology. Except in a judicial proceeding alleging a violation of this section, no information obtained in violation of this section shall be admissible in any criminal, civil, administrative or other proceeding. (c) The registrar of motor vehicles may acquire, possess, or use facial recognition technology to verify an individual’s identity when issuing licenses, permits or other documents pursuant to chapter 90; provided, however, that the registrar shall not allow any other entity to access or otherwise use its facial recognition technology except in accordance with subsection (d). (d) The department of state police may perform a facial recognition search, or request the federal bureau of investigation to perform such a search, for the following purposes: (1)to execute a warrant duly authorized by a judge based on probable cause that an unidentified or unconfirmed individual in an image has committed a felony; (2)upon reasonable belief that an emergency involving immediate danger of death or serious physical injury to any individual or group of people requires the performance of a facial recognition search without delay; (3)to identify a deceased person; or (4)on behalf of another law enforcement agency or a federal agency, provided that such agency obtained a warrant pursuant to clause (1) or documented in writing the reason for a search requested under clauses (2) or (3). One facial recognition operations group within the department shall be charged with receiving and evaluating law enforcement requests for facial recognition searches, performing facial recognition searches, reporting results, and recording relevant data. The department shall only use existing facial recognition technology used by the registrar of motor vehicles or federal bureau of investigations or facial recognition technology approved by the executive office of technology services and security, which may only be approved following a public hearing on the proposed software. Any search performed or search request made to the federal bureau of investigation under this section shall be documented in writing. (e) For any emergency facial recognition search performed or requested under subsection (d)(2), the law enforcement agency shall immediately document the factual basis for its belief that an emergency requires the performance of such a search without delay, and any emergency facial recognition search shall be narrowly tailored to address the emergency. Not later than 48 hours after the law enforcement agency obtains access to the results of a facial recognition search, the agency shall file with the superior court in the relevant jurisdiction a signed, sworn statement made by a supervisory official of a rank designated by the head of the agency setting forth the grounds for the emergency search. (f) All individuals charged with a crime who were identified using a facial recognition search under this subsection shall be provided notice that they were subject to such search, pursuant to rule 14 of the rules of criminal procedure. Law enforcement agencies and district attorneys must make readily available to defendants and their attorneys in criminal prosecutions all records and information pertaining to any facial recognition searches performed or requested during the course of the investigation of the crime or offense that is the object of the criminal prosecution. This information shall include, but not be limited to, the results of the facial recognition search (including other possible matches identified by the search), as well as records regarding the particular program or algorithm used to conduct the facial recognition search, the accuracy rate of the facial recognition system, any audit testing of the facial recognition system, the identity of the individual or individuals who conducted the facial recognition search, training provided to law enforcement officials involved in conducting facial recognition searches, and the process by which the defendant was selected as the most likely match. (g) The department shall document, as a public record, each facial recognition search request and each facial recognition search performed pursuant to this section and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the system used for the search; the specific criminal offense or offenses under investigation; the number of matched individuals returned, if any; the name and position of the requesting individual and employing law enforcement agency; a copy of the warrant or, if no warrant exists, a copy of the written emergency request; and data detailing the individual characteristics included in the facial recognition search or request, including the presumed race and gender of the person in the probe image(s), as assessed by the officer conducting the search. (h) Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searches performed by the department of state police, disaggregated by law enforcement agency or federal agency on whose behalf the search was performed; (ii) the total number of facial recognition searches performed by the federal bureau of investigation on behalf of law enforcement agencies, disaggregated by law enforcement agency on whose behalf the search was performed. For each category of data and each law enforcement agency, the published information shall include: the number of searches performed pursuant to a warrant, by alleged offense; the number of searches performed pursuant to an emergency; and the race and gender of the subjects of the searches, as assessed by the officer conducting the search. (i) Each non-law enforcement public agency shall document, as a public record, each facial recognition search requested and each facial recognition search performed by its public officials and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the name and position of the requesting individual; the reason for the search or request; the name, position, and employer of the individual who conducted the search; the system used for the search; the number of matched individuals returned, if any; and data detailing the individual characteristics included in the facial recognition search or request, including the presumed race and gender of the person in the probe image(s), as assessed by the individual conducting the search. (j) Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searches performed by or at the request of non-law enforcement public agencies, disaggregated by the public agency on whose behalf the search was performed. For each public agency, the published information shall include the race and gender of the subjects of the searches, as assessed by the individual conducting the search. (k) Notwithstanding subsection (b), it shall be unlawful for a law enforcement agency of officer to use a biometric surveillance system to infer a person’s emotions or affect. It shall also be unlawful for a law enforcement agency or officer to use a biometric surveillance system to analyze moving images or video data, whether in real time or as applied to archived information; provided, however, that facial recognition may be used on a still image taken from moving images or video data if authorized pursuant to subsection (d). (l) Notwithstanding subsection (b), a law enforcement agency or officer may: (i) acquire and possess personal electronic devices, such as a cell phone or tablet, that utilize facial recognition technology for the sole purpose of user authentication; (ii) acquire, possess and use automated video or image redaction software; provided, that such software does not have the capability of performing facial recognition or other remote biometric recognition; and (iii) receive evidence related to the investigation of a crime derived from a biometric surveillance technology; provided, that the use of a biometric surveillance technology was not knowingly solicited by a law enforcement agency or officer in violation of subsection (b).

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An Act establishing a sick leave bank for Christopher Trigilio, an employee of the trial court

H1729

HD2477

{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T13:34:53.347'}

[{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-19T13:34:53.3466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1729/DocumentHistoryActions

Bill

By Representative Ramos of Springfield, a petition (accompanied by bill, House, No. 1729) of Orlando Ramos for legislation to establish a sick leave bank for Christopher Trigilio, an employee of the Trial Court. The Judiciary.

Notwithstanding any general or special law to the contrary, the trial court of the commonwealth shall establish a sick leave bank for Christopher Trigilio, an employee of the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Christopher Trigilio. If Christopher Trigilio terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]

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An Act to support families

H173

HD2603

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:30:06.353'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:30:06.3533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:15:48.5533333'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T10:24:57.79'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T09:53:48.2466667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-06-29T09:19:48.6966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H173/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 173) of Sean Garballey and others for legislation to protect infants affected by in-utero substance exposure or fetal alcohol spectrum disorder. Children, Families and Persons with Disabilities.

SECTION 1. The first paragraph of subsection (a) of section 51A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 6, the words:- ; (iii) physical dependence upon an addictive drug at birth. SECTION 2. Said section 51A of said chapter 119, as so appearing, is hereby further amended by inserting after subsection (a) the following subsection:- (a½) Separate from the reporting requirements under subsection (a), health care providers involved in the delivery or care of infants affected by in-utero substance exposure or a fetal alcohol spectrum disorder, shall notify the department of such condition in such infants as required under 42 U.S.C. § 1506a(b)(2)(B)(ii). Such notification shall not include the names or identifying information of the parents or the infant, shall not constitute a report that any parent has abused or neglected a child, and shall not trigger or require prosecution for any illegal action.

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An Act relative to protecting cats and dogs from slaughter

H1730

HD3009

{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:54:28.927'}

[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:54:28.9266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-04-24T15:57:32.4033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1730/DocumentHistoryActions

Bill

By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 1730) of David Allen Robertson relative to penalties for the slaughter of cats and dogs. The Judiciary.

Chapter 272 of the General Laws is hereby amended by inserting after section 77C, as appearing in the 2018 Official Edition, the following section:- Section 77D. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Cat”, a living or nonliving specimen of the species Felis catus. “Consumption”, the eating or cooking of meat, organs, and other components by humans or animals from animals slaughtered or recovered. “Dog”, a living or nonliving specimen of the subspecies Canis lupus familiaris. “Slaughter”, the killing of an animal for consumption of its meat or byproducts. (b) No person shall possess, import, sell, buy, give away, traffic or accept any dog or cat for the purpose of slaughter or consumption. (c) Any person who violates this section shall be punished by imprisonment in the state prison for not more than 7 years or imprisonment in the house of correction for not more than 2 ½ years or by a fine of not more than $5,000; provided, however, that a second or subsequent offense shall be punished by imprisonment in the state prison for not more than 10 years or by a fine of not more than $10,000 or by both such fine and imprisonment. (d) This section shall not apply to lawful and accepted practices, including but not limited to euthanasia pursuant to section 174A of chapter 140, that relate to veterinary medicine performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian pursuant to sections 54 to 59A, inclusive, of chapter 112, nor the practice of scientific investigation, experiment or instruction licensed pursuant to section 174D of chapter 140.

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An Act promoting access to counsel and housing stability in Massachusetts

H1731

HD3657

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T13:33:52.49'}

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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T13:33:52.49'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1731/DocumentHistoryActions

Bill

By Representatives Rogers of Cambridge and Day of Stoneham, a petition (accompanied by bill, House, No. 1731) of David M. Rogers, Michael S. Day and others relative to promoting access to counsel and housing stability. The Judiciary.

SECTION 1. Chapter 239 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections: Section 15. For purposes of sections 16 and 17 the following terms shall have the following meanings: “Advisory committee”, the committee established pursuant to section 16(g). “Covered proceeding”, an action brought pursuant to chapter 239, chapter 139 section 19, or similar proceedings, including administrative proceedings to terminate a mobile or project-based housing subsidy or public housing tenancy. “Designated organization”, a not-for-profit organization that is designated by the Massachusetts Legal Assistance Corporation to contract to provide civil legal assistance and to conduct tenant outreach, engagement and education for eligible individuals. "Eligible individual”, a party in a covered proceeding who is an indigent: (i) tenant or occupant of any premises rented or leased for dwelling purposes; or (ii) owner-occupant of a 1-to-3-family dwelling that is their sole dwelling and located in the Commonwealth. “Full legal representation”, ongoing legal representation provided by legal counsel in a designated organization to an eligible individual including all legal advice, advocacy, and assistance associated with representation. Full representation includes, but is not limited to, the filing of a notice of appearance on behalf of the eligible individual in a covered proceeding. “Indigent”, a person who is: (i) receiving public assistance pursuant to: (1) aid to families with dependent children pursuant to chapter 118; (2) the emergency aid program for elderly and disabled residents pursuant to section 1 of chapter 117A; (3) a veterans’ benefits program; (4) Title XVI of the federal Social Security Act; (5) the Supplemental Nutrition Assistance Program, pursuant to 7 U.S.C. chapter 51; (6) refugee resettlement benefits; or (7) Medicaid, pursuant to 42 U.S.C. section 1396, et seq.; or (ii) earning an income, after taxes, that is 80 per cent or less of the current area median income established annually by the United States Department of Housing and Urban Development; or (iii) unable to pay the fees and costs of the covered proceeding in which the person is a party or is unable to do so without depriving said person or said person’s dependents of the necessities of life, including food, shelter and clothing. “Legal counsel” or “counsel”, lawyer licensed to practice law in the Commonwealth. “Partner attorney”, an attorney employed by or affiliated with a designated organization who agrees to provide full legal representation pursuant to this act. “Access to Counsel Program”, a statewide access to counsel program to provide full legal representation to eligible individuals in covered proceedings to be funded by a specifically dedicated general court appropriation. Section 16. (a) There shall be a statewide Access to Counsel Program in eviction cases to effectuate the purposes of this act, subject to appropriation, to be specifically funded by the general court and administered by the Massachusetts Legal Assistance Corporation. (b) With specifically designated funding, the Massachusetts Legal Assistance Corporation shall establish an Access to Counsel Program to provide free legal assistance and full representation to eligible individuals in covered proceedings. (c) The Massachusetts Legal Assistance Corporation shall issue a request for proposal through a public notice for organizations to submit proposals to become designated organizations. The notice must delineate an open and transparent process for approving requests with input from the advisory committee. All organizations seeking to become designated organizations shall have the right to apply for funding and must identify the geographic area in which they shall represent eligible individuals. A designated organization may contract with partner attorneys to provide legal assistance and with community organizations to educate and inform tenants about their rights. Such information shall be available in multiple languages to ensure equitable access for linguistic minorities. (d) Designated Organizations shall: (i) have substantial expertise in housing law and landlord and tenant law and substantial experience furnishing free legal assistance to eligible individuals; (ii) have a demonstrated track record of serving the low-income community, (ii) identify the geographic area in which they shall provide legal representation; (iii) have a plan to reach and provide legal representation to income eligible persons with limited English proficiency; (iv) provide appropriate supervision and training; (v) incorporate paralegals, legal interns or law students, where possible, to be supervised by legal counsel; and (vi) satisfy other criteria established the Massachusetts Legal Assistance Corporation with input from the advisory committee. Nothing herein shall interfere with any legal counsel carrying out their professional responsibilities to their clients as established in the canons of ethics and the code of professional responsibility adopted by the supreme judicial court. (e) The Massachusetts Legal Assistance Corporation shall issue a request for proposal for qualified legal aid organizations to coordinate representation of eligible tenants statewide and a request for proposal for a qualified legal aid organization to coordinate representation of eligible owner-occupants. Such organizations shall provide statewide programmatic support and programmatic advocacy in addition to convening statewide trainings and forums for cross-training of attorneys in order to effectuate the purpose of this act. (f) The Massachusetts Legal Assistance Corporation shall be responsible for exercising oversight, implementing fiscal controls, and for all data collection, deliverables, and ongoing programmatic evaluation. (g) The Massachusetts Legal Assistance Corporation shall appoint an advisory committee with fifteen members from diverse regions of the Commonwealth that includes, but is not limited to, low-income tenants, low-income owner-occupants, non-profit community-based organizations, statewide advocacy organizations, and municipal officials. Each member shall have a demonstrated commitment to homelessness prevention and housing stability. The advisory committee shall advise on matters and policies affecting the Access to Counsel Program and shall be convened by the Massachusetts Legal Assistance Corporation on a regular basis, but no less than twice a year. (h) The Massachusetts Legal Assistance Corporation, in consultation with the advisory committee and designated organizations, shall determine how to phase in the access to counsel program over a period of 5 years. Section 17. (a) The Massachusetts Legal Assistance Corporation shall submit, with input from the advisory committee, a form to be approved by the Chief Justice of the Supreme Judicial Court that shall be used to notify individuals of their potential eligibility for access to legal counsel in covered proceedings and to the availability of housing stability resources and rental assistance programs. The supreme judicial court shall consider adopting other forms recommended by the Massachusetts Legal Assistance Corporation, with input from the advisory committee, as needed. (b) Lessors must include or attach the form approved by the supreme judicial court to the notice to quit and summons and complaint for covered proceedings. The trial court shall notify lessors about the required form and lessors’ potential eligibility for legal counsel pursuant to this act. The form must be posted on the trial court’s website. (c) If an eligible tenant, occupant or owner-occupant did not receive the approved form required pursuant to this section or legal counsel does not have sufficient time to file responsive pleadings, there shall be a reasonable continuation of the proceedings so that the tenant, occupant or owner-occupant can obtain legal assistance to prepare their case. (d) The supreme judicial court shall approve a written waiver form for the trial court to inform eligible individuals about access to legal counsel in court proceedings in order for eligible individuals to knowingly and voluntarily waive the provisions of this act. SECTION 2. The general court shall, subject to appropriation, fund an Access to Counsel Program in the Judiciary section of the budget through a specifically dedicated line-item to be administered by the Massachusetts Legal Assistance Corporation to effectuate the purposes of this act. SECTION 3. The provisions of this act, unless otherwise expressly provided, shall take effect immediately upon passage.

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An Act relative to civil asset forfeiture

H1732

HD2128

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-13T13:49:40.473'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-13T13:49:40.4733333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T10:44:22.8566667'}]

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-13T13:49:40.473'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1732/DocumentHistoryActions

Bill

By Representatives Rogers of Cambridge and González of Springfield, a petition (accompanied by bill, House, No. 1732) of David M. Rogers and Carlos González relative to civil asset forfeiture. The Judiciary.

SECTION 1. Section 2BBBB of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “10”, in line 4, the following words:- and all monies, proceeds from assets, or other such funds forfeited pursuant to section 47 of chapter 94C SECTION 2. Section 47 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- (10) No monies, negotiable instruments, securities, proceeds or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of this chapter shall be subject to forfeiture to the commonwealth unless they exceed $250 in value. SECTION 3. Said section 47 of said chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:- (d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, monies or other things of value subject to forfeiture under the provisions of subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having jurisdiction over said conveyance, real property, monies or other things of value or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving all material facts by clear and convincing evidence, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subparagraph (3), (5), or (7) of said subsection (a). The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (i). The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, monies or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than two weeks after notice, hold a hearing on the petition. The court shall continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. A criminal defendant represented by public counsel in any criminal trial related to the violation of this chapter shall be entitled to continued public counsel representation at the hearing on the petition to order a forfeiture. At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order, from which the parties shall have a right of appeal. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, monies or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale may be used to pay the reasonable expenses of the storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section. The final order of the court shall provide that said monies and the proceeds of any such sale shall deposit fifty (50) percent into the Commonwealth Substance Abuse Prevention and Treatment Fund established pursuant to section 2BBBB of chapter 29 and used solely for the purpose of substance abuse treatment and prevention services and fifty (50) percent in a fund that assists communities that have been adversely affected economically by the opioid epidemic and/or criminal justice policies and procedures. SECTION 4. Said section 47 of said chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out subsection (k) and inserting in place thereof the following subsection:- (k)(1) The attorney general, each district attorney and each police department shall file an annual report with the executive office of administration and finance and the house and senate committees on ways and means detailing all assets, monies and proceeds from assets seized pursuant to this section. The report shall provide itemized accounting for all assets, monies and proceeds from assets within the following asset categories: cash, personal property, conveyances and real property, including any property disposed of by the office of seized property management. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record. (2) The attorney general, each district attorney and each police department shall file an annual report with the executive office of administration and finance and the house and senate committees on ways and means regarding all expenditures of funds allocated to them from the Commonwealth Substance Abuse Prevention and Treatment Fund pursuant to section 2BBBB of chapter 29. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.

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An Act expanding opportunities for individuals in the criminal offender record information system

H1733

HD1572

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:25:29.597'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:25:29.5966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1733/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1733) of David M. Rogers relative to opportunities for individuals in the criminal offender record information system. The Judiciary.

Clause (3) of the second sentence of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- Criminal offender record information made available under this section shall be limited to the following: (i) felony convictions or findings of not guilty by reason of insanity for 10 years following the disposition thereof, including termination of any period of incarceration or custody, (ii) misdemeanor convictions for 5 years following the disposition thereof, including termination of any period of incarceration or custody, and (iii) pending criminal charges, which shall include cases that have been continued without a finding until such time as the case is dismissed pursuant to section 18 of chapter 278 except cases for individuals with no prior criminal record that have been continued without a finding until such time as the case is dismissed pursuant to said section 18 of said chapter 278 unless the case is delineated in section 100J of chapter 276; and provided further, that a violation of section 7 of chapter 209A and a violation of section 9 of chapter 258E shall be treated as a felony for purposes of this section. For purposes of this clause, “pending criminal charges” shall mean charges pending in a Massachusetts court where a disposition has not yet been entered, except a pending misdemeanor criminal charge for an individual with no existing prior criminal record and a pending charge that is not delineated in section 100J of chapter 276.

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An Act to define inducing a minor into prostitution

H1734

HD1576

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:01:27.487'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:01:27.4866667'}, {'Id': None, 'Name': 'Middlesex District Attorney Marian T. Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T15:22:54.6766667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:26:17.6666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1734/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1734) of David M. Rogers, Marian T. Ryan (Middlesex District Attorney) and Michelle M. DuBois relative to the penalties for inducing a minor to engage in, agree to engage in or offer to engage in prostitution or sexual conduct. The Judiciary.

Section 1. The first sentence of Section 4A of Chapter 272, is hereby amended to provide as follows: - Whoever induces a minor to engage in or to agree to engage in or offer to engage in prostitution or in sexual conduct with another person in return for a fee, or who knowingly aids and assists in such inducement, shall be punished by imprisonment in the state prison for not more than five, nor less than three years, and by a fine of five thousand dollars.

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An Act to ensure the ability to prosecute repeat OUI offenses

H1735

HD1583

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:21:42.377'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T15:21:42.3766667'}, {'Id': None, 'Name': 'Middlesex District Attorney Marian T. Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T15:21:42.3933333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:27:15.8166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1735/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1735) of David M. Rogers, Marian T. Ryan (Middlesex District Attorney) and Michelle M. DuBois for legislation to ensure the ability to prosecute repeat operating under the influence offenses. The Judiciary.

SECTION 1. Section 24 of chapter 90 of the General Laws is hereby amended by adding, after the last sentence in subsection (1)(c)(4), the following new sentence:- Notwithstanding any contrary provision of section 100A of chapter 276 of the General Laws, any such prior conviction, if otherwise admissible, shall not be inadmissible because it has been sealed pursuant to that section.

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An Act decriminalizing fentanyl test strips

H1736

HD2534

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T14:22:11.897'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T14:22:11.8966667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:16:46.0033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:14:51.83'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T10:59:54.3033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1736/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1736) of David M. Rogers, Lindsay N. Sabadosa and David Henry Argosky LeBoeuf relative to fentanyl test strips. The Judiciary.

SECTION 1. Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is amended in section 32I, in line 25, by inserting after the words “section 27” the following: “, or testing products utilized in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds in quantities which can cause physical harm or death. The term "testing products" shall include, but is not limited to, fentanyl test strips.”

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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 advertising for justices of the peace

H1737

HD3266

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:33:08.767'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T11:33:08.7666667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-07T12:52:30.77'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1737/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1737) of David M. Rogers and Ruth B. Balser relative to advertising for justices of the peace. The Judiciary.

SECTION 1. Section 58 of chapter 207 of the 2020 official edition is hereby amended by inserting after the words “advertise his” the following:- “or her”; And further, by inserting after the words “telephone number,” the following:- “email address,”; And further, by striking the words “newspaper, magazine, telephone directory or other publication of general circulation” and replacing it with the following:- “printed or digital public media, such as a telephone directory, electronic or computer accessed justice of the peace directory, newspaper or other periodical, or through written, electronic, computer-accessed or similar types of communication, including websites, social media platforms, and digital video platforms”; And further, by striking the following:- “, that if a justice of the peace uses a business card”.

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An Act establishing presumptive parole

H1738

HD3307

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:43:04.953'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:43:04.9533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1738/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1738) of David M. Rogers relative to establishing presumptive parole using structured, actuarially-based guidelines. The Judiciary.

SECTION 1. Section 130 of chapter 127 of the General Laws, as amended by St.2018, c. 72, § 6, eff. Jan. 13, 2019, is hereby amended by striking the first four sentences and inserting in place thereof the following paragraphs:- 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, a parole permit shall be granted at a prisoner's first date of parole eligibility and at any subsequent review hearing. The parole board shall make this determination using structured, actuarially-based parole guidelines and the findings of a validated risk and needs assessment tool, both of which must consider the prisoner’s participation in available work opportunities, educational opportunities and treatment programs and the prisoner’s demonstrated good behavior. The board shall also consider whether risk reduction programs, made available through collaboration with criminal justice agencies or with the Department of Mental Health or Department of Public Health, and other aspects of the prisoner's parole plan would minimize the probability of the prisoner re-offending once released. For any prisoner with a disability, the parole board must consider whether provision of reasonable accommodations will enable the prisoner to live and remain at liberty without violating the law. If a prisoner has a disability that may impair the ability of the prisoner to be successful on parole, the board shall schedule a psychological or medical examination to ascertain and evaluate the nature of the risk posed by the disability and to identify any services, supports, or programs that might mitigate the risk. The board shall consider the evaluation in making its decision. Upon issuance of a grant of parole to anyone who needs specialized care due to bodily infirmity or disease and who is unable to secure a home plan, the parole board shall notify the Commissioner of the Department of Public Health who shall secure a medically appropriate placement for such prisoner within 60 days. No individual who has been granted parole shall remain incarcerated for failure to secure an appropriate home plan.

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An Act relative to life without parole

H1739

HD3955

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T10:10:19.24'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T10:10:19.24'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:52:22.7866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1739/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1739) of David M. Rogers relative to life sentences without eligibility for parole. The Judiciary.

SECTION 1. Section 133A of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the words "for whom the court determined that they shall not be eligible for parole" after the words "at the time of the murder". SECTION 2. Section 133B of chapter 127 of the General Laws, as so appearing is hereby amended by striking the words "subsection (e) of" in the final paragraph. SECTION 3. Section 2 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking the words "shall not be eligible for parole pursuant to section 133A of chapter 127" and inserting in place thereof the following:- "may be eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279; provided that the court shall set said term of years at no fewer than 35 years; and provided further, that the court may determine that the person shall not be eligible for parole". SECTION 4. Section 24 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the following sentence to the end of the first paragraph:- In the case of a sentence for murder in the first degree committed by a person on or after the person's eighteenth birthday, the court either shall set a minimum term which shall be not less than 35 years or shall determine that the person shall not be eligible for parole. SECTION 5. Section 25 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the words "; provided, however, that the court may set parole eligibility at 35 years or greater for a person who would otherwise face a life sentence without eligibility for parole under the provisions of this section;" after the words "enumerated in clause (i)" and after the words "person's sentence for good conduct." SECTION 6. This Act shall apply to persons sentenced after the effective date of this Act.

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An Act updating terminology and investigative practices related to the protection of persons with disabilities

H174

HD2744

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:08:19.263'}

[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T14:08:19.2633333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:33:02.5066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:23:15.2366667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:23:15.2366667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-02T11:07:03.8233333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T11:07:03.8233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:53:34.77'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:17:28.88'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T10:54:13.5'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-05T13:42:28.8733333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-12T18:13:19.54'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-16T09:35:17.29'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-06-21T10:53:24.9133333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-06-23T14:51:26.5066667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-06-27T14:01:52.9766667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-27T14:01:52.9766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-27T14:01:52.9766667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-06-27T14:01:52.9766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-06-27T14:01:52.9766667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-06-27T14:09:15.6266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T12:03:32.51'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-07-24T12:03:15.0233333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-07-24T12:02:45.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H174/DocumentHistoryActions

Bill

By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 174) of Sean Garballey and others relative to updating terminology and investigative practices related to the protection of persons with disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear, the words “disabled persons protection commission” and inserting in place thereof, in each instance, the following words:-commission for the protection of persons with disabilities. SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126, 139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words “disabled persons protection commission” and inserting in place thereof, in each instance, the following words:- commission for the protection of persons with disabilities. SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF PERSONS WITH DISABILITIES. SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and inserting in place thereof the following section:- Section 1. As used in this chapter, the following words shall have the following meanings unless the context requires otherwise:- “Abuse”, an act or omission of a caretaker that results in serious physical or serious emotional injury to a person with a disability; provided, however, that no person shall be considered to be abused for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner of the church or religious denomination. As used in this chapter, the term abuse includes abuse per se. “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is determined by the commission to be in and of itself abusive, regardless of the manifestation of a serious physical or serious emotional injury to a person with a disability. “Caretaker”, a parent, guardian or other person or agency responsible for the health or welfare of a person with a disability, whether in the same home as the person with a disability, the home of a relative, a foster home or any other location where the caretaker renders assistance. “Commission”, the commission for the protection of persons with disabilities established under section 2. “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator, guidance or family counselor, day care worker, probation officer, social worker, foster parent, police officer, firefighter, paramedic, emergency medical technician, animal control officer, person employed by a state agency or person employed to provide assistance with a daily living need for a person with a disability who, in their professional capacity, shall have reasonable cause to believe that a person with a disability is suffering from a reportable condition. “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a person with an intellectual disability or a person with a developmental disability as defined under section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of that mental or physical disability, is wholly or partially dependent on another to meet that person’s daily living needs. “Recommendation”, a statement contained in an investigation report prepared pursuant to this chapter that sets forth specific action intended by the investigator to protect a particular person with a disability or similarly situated persons with disabilities from further abuse or risk of abuse and that responds to the specific protective needs of the person with a disability or persons with disabilities. “Reportable condition”, a serious physical or serious emotional injury sustained by a person with a disability and for which there is reasonable cause to believe that the injury resulted from abuse; or reasonable cause to believe that abuse per se exists. “State agency”, an agency of the commonwealth that provides services or treatment to persons with disabilities, including a private entity providing such services or treatment pursuant to a contract, license or agreement with an agency of the commonwealth. SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title, and inserting in place thereof the following title: Establishment of the commission for the protection of persons with disabilities; membership; terms; compensation; annual report. SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a commission for the protection of persons with disabilities. SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor shall designate as chair. Members of the commission shall serve for a term of 5 years. SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member succeeded. SECTION 10. The first paragraph of section 3 of said chapter 19C is hereby amended by striking out clause (a) and inserting in place thereof the following clause:- (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant to this chapter; provided, however, that the commission shall establish written standards for the position of investigator and shall hire investigators whose education and training qualifies them for the position pursuant to the standards established by the commission; provided further, that the commission shall take the steps necessary to ensure that the conduct of each investigator meets or exceeds the standards; and provided further, that the staff shall serve at the pleasure of the commission and shall not be subject to chapter 31. SECTION 11. Said section 3 of said chapter 19C 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 12. Said section 3 of said chapter 19C is hereby further amended by striking out, in line 22, the words “other state”. SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section 9. SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that, except as otherwise provided in this chapter, information that is created, collected, used, maintained or disseminated pursuant to this chapter and that is confidential or personally identifiable information pursuant to state or federal law shall not be a public record pursuant to clause Twenty-six of section 7 of chapter 4 or chapter 66. SECTION 16. The first paragraph of said section 3 of said chapter 19C is hereby amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:- (h) to establish within the commission a special investigative unit that shall have sole responsibility for the initial evaluation or investigation of all reports of abuse received by the commission in connection with which there is an allegation of criminal conduct; provided, however, that the colonel of state police shall assign not less than 5 state police officers to the special investigative unit; and (i) to promulgate rules and regulations establishing procedures to exclude personally identifiable information regarding the subjects of investigations and to carry out the responsibilities of this chapter in such a way as to disclose as little personally identifiable information as possible. SECTION 17. Section 4 of said chapter 19C 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, and subject to the commission’s authority to conduct its own investigation. SECTION 18. The first paragraph of said section 4 of said chapter 19C is hereby amended by striking out clauses (b) and (c) and inserting in place thereof the following 3 clauses:- (b) refer immediately any such report that alleges the occurrence of abuse of a person with a disability whose caretaker is a state agency to the state agency within the executive office of health and human services that is the primary service providing agency for the disability manifested by the person with a disability; provided, however, that as assigned by the commission, the commission or the referral agency subject to the oversight of the commission shall investigate the abuse as provided in section 5; and provided further, that, if a commission investigation is being conducted, the referral agency shall take reasonable steps to avoid unnecessary, unwarranted or counterproductive duplication of the commission’s investigation through an internal investigation or inquiry by the referral agency and shall, when there is duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry. (c) refer immediately any such report that alleges the occurrence of abuse of a person with a disability whose caretaker is not a state agency to the agency within the executive office of health and human services that the commission determines, based on the person’s reported disability, would most likely provide, license an entity to provide or contract with or enter into an agreement to provide services or treatment to the person with a disability; provided, however, that, as assigned by the commission, the commission or the assigned referral agency subject to the oversight of the commission shall investigate such abuse as provided in section 5. (d) in accordance with subsections (b) and (c), refer immediately reports that the commission determines present imminent risk of substantial harm to a person with a disability, regardless of whether any serious injury is alleged, for the provision of protective services; provided, however, that the commission may oversee the provision of protective services until such time that the commission determines the risk has been adequately addressed. SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place thereof the following words:- person with a disability where the commission staff. SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 38, the word “screener” and inserting in place thereof the following words:- commission staff. SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 40, the first time it appears, the word “and” and inserting in place thereof the following word:- or. SECTION 22. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and investigation, shall report the results of such evaluation and investigation to the commissioners who” and inserting in place thereof the following word: . Upon completion of such evaluation or investigation, the special investigative unit shall report the results of such evaluation or investigation to the commission that. SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting after the word “initial,” in line 46, the following words:- evaluation or. SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and inserting in place thereof the following words:- persons with disabilities. SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 58, the words “commission’s or department’s”. SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting after the word “investigation”, in lines 58 and 59, the following words:- by the commission or referral agency. SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines 1, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting after the word “designated”, in line 2, the following words:- and assigned. SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the executive office of health and human services”. SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 7 and 8, the words “counsel or department of mental health or department of public health” and inserting in place thereof the following words:- department of developmental services, department of mental health or Massachusetts rehabilitation commission. SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the following words:- health or safety of a person with a disability. SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting in place thereof the following words:- any sites relevant to the alleged abuse, which may include, but shall not be limited to, the residence and day program of the person with a disability. SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in line 14, after the word “injuries” the following words:- or abuse per se. SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of mental health and the department of public health” and inserting in place thereof the following words:- and to the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission, as appropriate. SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the employer of the mandated reporter. SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting after the word “the”, in line 24, the first time it appears, the following word:- assigned referral. SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 30, the word “neither” and inserting in place thereof the following word:- not. SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled person”. SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,” and inserting in place thereof the following words:- any sites relevant to the report. SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof the following words:- persons with disabilities. SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the department of public health within” and inserting in place thereof the following words:- and to the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission, as appropriate, within. SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 52, the words “, the general counsel, the attorney general”. SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following words:- 3 of chapter 38. SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business. SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each instance, the following word:- abuse. SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and inserting in place thereof the following words:- petition for review. SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer any matters for which there is reason to believe that a violation of any statute, regulation or rule has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation. In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal data to the contrary, shall. SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in place thereof the following words:- (c) a person with a disability has suffered serious bodily injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other criminal offense has occurred that has caused harm to a person with a disability. SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and inserting in place thereof the following section:- Section 6. The commission, acting through agencies within the executive office of health and human services designated by the commission to provide protective services and as necessary to prevent further abuse in cases investigated pursuant to this chapter and subject to the oversight of the commission, shall: (i) furnish protective services to a person with a disability with the consent of the person or the person’s guardian; (ii) petition the court for appointment of a conservator or guardian or for issuance of an emergency order for protective services as provided in section 7; or (iii) furnish protective services to a person with a disability on an emergency basis as provided in said section 7. SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1 and 2, the words “the general counsel, the department of mental health or the department of public health,” and inserting in place thereof the following words:- the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission. SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39 and 40, 46, 47 and 48, 59, each time they appear, 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 52. Said section 7 of said chapter 19C is hereby further amended by striking out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting in place thereof, in each instance, the following words:- or agency. SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section title, the words “disabled persons” and inserting in place thereof the following words: - persons with disabilities. SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking out, in line 2, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a person with a disability. SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause (d), as so appearing, and inserting in place thereof the following clause:- (d) refer any matters for which there is reason to believe that abuse has occurred by a state agency or its employee to the agency of the commonwealth funding, contracting or under agreement with, or licensing such party for termination of the funding, agreement, contract, or license or for such other action that the agency of the commonwealth deems appropriate. SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line 3, the word “orally”. SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out, in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral report”. SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the following words:- 3 of chapter 38. SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting after the word “file”, in line 12, the following word:- a. SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this chapter” and inserting in place thereof the following words:- participation in an investigation, hearing, or other proceeding conducted pursuant to this chapter. SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in place thereof the following words:- a report and who fails to do so. SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line 6, the words “the general counsel or”. SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking out, in line 9, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 66. The third paragraph of said section 11 of said chapter 19C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The commission may investigate any allegation under this section pursuant to section 5 or 9. SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines 10 and 11, the words “, in consultation with the secretary of health and human services,”. SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking out, in line 11, the word “formal”. SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking out, in lines 12 and 13, the words “, in consultation with the secretary of health and human services,”. SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking out, in line 13, the words “a formal” and inserting in place thereof the following word:- an. SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title, inserting in place thereof the following title:- Notification by caretaker agency of the death of a person with a disability. SECTION 72. Section 13 of said chapter 19C is hereby further 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 73. Said section 13 of said chapter 19C is hereby further amended by striking out, in line 6, the word “a” and inserting in place thereof the following word:- any. SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking out, in line 4, the word “orally”. SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law enforcement officials a written report of such death”. SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines 2, 3, and 4, the words “the general counsel, or a department within the executive office of health and human services” and inserting in place thereof the following words:- department of developmental services, department of mental health, or the Massachusetts rehabilitation commission,. SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17, after the term “or” as first appearing, the following word:- serious. SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in line 28, the word “respond”, and inserting in place thereof the following words:- petition for review. SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in line 31, the word “include”, and inserting in place thereof the following word:- enter. SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in line 32, the words “name and date of birth” and inserting in place thereof the following words:- name, date of birth, and any other personally identifying information as determined necessary by the commission to confirm the identity of the care provider. SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the following words:- and personally identifying information. SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out, in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each instance, the following words:- personally identifying information. SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out, in lines 84 and 85, the words “including the records of its proceedings” and inserting in place thereof the following words:- including the records of the registrable abuse investigation and records of any hearing or other proceeding at the division or judicial appeal, including the personally identifying information of all parties and witnesses. SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting after the word “shall”, in line 85, the following words:- be confidential and shall. SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any registrable abuse investigation or proceeding at the division or judicial appeal. SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or entity. SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting, after the word “registrable”, in line 109, the following words:- in the last fiscal year. SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting, after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal year. SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20 and 21, the words “disabled persons protection commission” and inserting in place thereof the following words:- commission for the protection of persons with disabilities.

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An Act establishing reasonable limitations on the solitary confinement of inmates 21 years of age or younger

H1740

HD3963

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:40:48.223'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:40:48.2233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:52:34.13'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1740/DocumentHistoryActions

Bill

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1740) of David M. Rogers relative to establishing reasonable limitations on the solitary confinement of inmates 21 years of age or younger. The Judiciary.

SECTION 1. Section 39 of chapter 127 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 2 paragraphs:- At the request of the superintendent of any correctional institution of the commonwealth, the commissioner may authorize the transfer, for such period as he may determine, to a segregated unit within any correctional institution of the commonwealth, of any inmate over 21 years of age whose continued retention in the general institution population is detrimental to the program of the institution. At the request of the superintendent of any correctional institution of the commonwealth, the commissioner may authorize the transfer, for no longer than 48 hours, to a segregated unit within any correctional institution of the commonwealth, of any inmate 21 years of age or younger who poses an immediate and substantial threat to the safety of other inmates or officers. If after 48 hours, in the opinion of the superintendent, conclusive evidence exists, as documented in a written report, that the inmate continues to pose an immediate and substantial threat to other inmates or officers, the inmate may remain in the segregated unit up to an additional 24 hours. The written report shall include reasons why the superintendent believes the inmate continues to pose an immediate and substantial threat to the safety of other inmates or officers. SECTION 2. Section 40 of said chapter 127, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following 2 paragraphs:- For the enforcement of discipline, an inmate over 21 years of age in any correctional institution of the commonwealth may, at the discretion of its superintendent, be confined, for a period not to exceed 15 days for any one offense, to an isolation unit. Any inmate, 21 years old or younger in any correctional institution, who poses an immediate and substantial threat to the safety of other inmates or officers, may, at the discretion of the superintendent, be confined to an isolation unit for a period not to exceed 48 hours. SECTION 3. Section 41 of said chapter 127, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following 2 paragraphs:- The superintendent or keeper of a jail or house of correction may set aside in such jail or house of correction 1 or more cells to be used as isolation units and for the enforcement of discipline may confine any inmate over 21 years of age thereto; but no prisoner shall be confined to such isolation unit for more than 3 days without informing the sheriff or the county commissioners thereof and of the reasons therefor; and in no case for more than 10 days for any one offense. Any inmate, 21 years old or younger in any jail or house or correction, who poses an immediate and substantial threat to the safety of other inmates or officers, may, at the discretion of the superintendent or administrator, be confined to an isolation unit for a period not to exceed 48 hours.

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An Act relative to legislative witness tampering

H1741

HD2392

{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T12:47:11.34'}

[{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T12:47:11.34'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1741/DocumentHistoryActions

Bill

By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1741) of John H. Rogers relative to legislative witness tampering. The Judiciary.

Chapter 3 of the General Laws is hereby amended by inserting after section 28A the following section:- Section 28B. (a) As used in this section, the words “harass” or “intimidate” shall, unless the context clearly requires otherwise, mean to engage in an act directed at a specific person or group of persons and would cause a reasonable person or group of persons to suffer substantial emotional distress including, but not 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, electronic mail, internet communications, instant messages and facsimile communications. (b) Whoever willfully, either directly or indirectly: harasses or intimidates another person who is: (i) a witness or potential witness set to appear before either branch of the general court, or both jointly, or under any provision of law, upon any matter under inquiry before either branch, or before any committee of either branch, or before any joint or special committee or special commission consisting in whole or in part of members of the general court; or (ii) a family member of a person described in this section, with intent to or with reckless disregard for the fact that it may: (A) impede, obstruct, delay, prevent or otherwise interfere with a matter under inquiry before the general court; or (B) punish, harm or otherwise retaliate against any witness or potential witness or such person’s family member’s participation in any matter under inquiry before either branch, or before any committee of either branch, or before any joint or special committee or special commission consisting in whole or in part of members of the general court, shall be punished by imprisonment in the state prison for not more than XX years or by imprisonment in the house of correction for not more than XX years or by a fine of not less than $XX or more than $XX or by both such fine and imprisonment.

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An Act relative to child custody

H1742

HD2463

{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:21:42.407'}

[{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:21:42.4066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1742/DocumentHistoryActions

Bill

By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1742) of John H. Rogers relative to child custody arrangements of military personnel. The Judiciary.

SECTION 1. Section 31 of chapter 208 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 2, after the word “otherwise” the following 3 definitions:- “Deployment” the temporary transfer of a member of the Armed forces in active-duty status in support of combat or some other military operation. “Mobilization” the transfer of a member of the National Guard or Military Reserve to extended active-duty status, but does not include National Guard or Military Reserve annual training. “Temporary duty” the transfer of a service member from one military base to a different location, usually another base, for a limited period of time to accomplish training or to assist in the performance of a noncombat mission. SECTION 2. Said section 31 of said chapter 208 of the General Laws, as appearing in the 2010 Official Edition, is hereby further amended by inserting the following paragraphs:- A party’s absence, relocation, or failure to comply with custody and visitation orders shall not be considered in determining the modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party’s activation to military duty or temporary duty, mobilization in support of combat or other military operation, or military deployment out of state. If a party with sole or joint physical custody or visitation receives temporary duty, deployment, or mobilization orders from the military that require the party to move a substantial distance from his or her residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights, the court may do either of the following: 1) Issue a temporary custody or visitation order for the period extending from the date of the party’s departure to the date of his or her return. This temporary custody or visitation order shall terminate upon the return of the party, at which time the prior custody or visitation order shall return to effect. 2) Issue an order delegating all or part of the party’s visitation rights to a family member or step-parent with whom the child has a close relationship, for the purpose of ensuring that the child’s contact with the party is frequent and continued while the party is deployed, mobilized, or on temporary duty, if the court finds that delegating visitation rights is in the best interest of the child. If a party’s deployment, mobilization, or temporary duty will have a material effect on his or her ability, or anticipated ability to appear in person at a regularly scheduled hearing, the court shall do either of the following: 1) Upon motion of the party, hold an expedited hearing to determine custody and visitation issues prior to the departure of the party. 2) Upon motion of the party, allow the party to present testimony and evidence by electronic means, including, but not limited to, telephone, video teleconferencing, or the internet.

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An Act relative to police use of epinephrine autoinjectors

H1743

HD2469

{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:27:21.43'}

[{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:27:21.43'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1743/DocumentHistoryActions

Bill

By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1743) of John H. Rogers relative to police use of epinephrine autoinjectors. The Judiciary.

Chapter 94C of the General Laws is hereby amended by inserting, after section 34A, the following section:- Section 34B. (a) A police officer who, in good faith, seeks medical assistance for someone experiencing an anaphylactic reaction shall not be charged or prosecuted for possession of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance. (b) A person who experiences an anaphylactic reaction and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted for possession of a controlled substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the anaphylactic reaction and the need for medical assistance. (c) The act of seeking medical assistance for someone who is experiencing an anaphylactic reaction may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act,1970 P.L. 91–513, 21 U.S.C. section 801, et seq. (d) Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute. (e) A police officer acting in good faith may receive an epinephrine autoinjector, possess an epinephrine autoinjector and administer an epinephrine autoinjector to an individual appearing to experience an anaphylactic reaction, and provided further that no police office shall be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining, or attempting to provide or obtain, such assistance unless such acts or omissions constitute willful, wanton or reckless conduct.

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An Act relative to uniform partition of heirs property

H1744

HD79

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-07T08:40:00.73'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-07T08:40:00.73'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-08T13:24:50.1433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-10-17T16:50:15.8066667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-10-17T16:50:15.8066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1744/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1744) of Jeffrey N. Roy relative to uniform partition of heirs property. The Judiciary.

SECTION 1. Chapter 241, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by inserting after section 37 the following section: - Section 38. (a) For the purposes of this section, the following terms shall have the following meanings: - “Ascendant,” an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. “Collateral,” an individual who is related to another individual under the law of intestate succession of the commonwealth but who is not the other individual’s ascendant or descendant. “Descendant,” an individual who follows another individual in lineage, in the direct line of descent from the other individual. “Determination of value,” a court order determining the fair market value of heirs property pursuant to subsection (d) or subsection (h) or adopting the valuation of the property agreed to by all cotenants. “Heirs property,” real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (a) there is no agreement in a record binding all the cotenants which governs the partition of the property; (b) one or more of the cotenants acquired title from a relative, whether living or deceased; (c) and any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; (iii) or 20 percent or more of the cotenants are relatives. “Partition by sale,” a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids, or auction conducted under subsection (h). “Partition in kind,” the division of heirs property into physically distinct and separately titled parcels. “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. “Relative,” an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of the commonwealth other than section 38 of chapter 241. (b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post, and maintain while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. (c) If the court appoints commissioners pursuant to chapter 241, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in chapter 241, must be impartial and not a party to or a participant in the action. (d) (1) Except as otherwise provided in subsection (d) (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d)(4). (2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the commonwealth to determine the fair market value of the property assuming sole ownership of the fee simple estate. One completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (5) If an appraisal is conducted pursuant to subsection(d) (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address stating: (i) the appraised fair market value of the property; (ii) that the appraisal is available at the clerk’s office; and (iii) that a party may file with the court an objection to the appraisal not later than 31 days after the notice is sent, stating the grounds for the objection. (6) If an appraisal is filed with the court pursuant to subsection(d)(4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party under paragraph (d)(5), whether or not an objection to the appraisal is filed under subsection(d)(5) (iii). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (7) After a hearing under subsection(d)(6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. (e) (1) If any cotenant requested partition by sale, after the determination of value under subsection (d), the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale. (2) Not later than 45 days after the notice is sent pursuant to subsection (e)(1), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale. (3) The purchase price for each of the interests of the cotenant that requested partition by sale is the value of the entire parcel determined under subsection (d) multiplied by the cotenant’s fractional ownership of the entire parcel. (4) After expiration of the period pursuant to subsection (e)(2) , the following rules apply: (i) if only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact; (ii) if more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant; and (iii) if no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under subsection (f)(1) and (2). (5) If the court sends notice to the parties under subsection (e)(4) (i) or (ii), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules shall apply: (i) if all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them; (ii) if no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under subsection (f) (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased, (iii) if one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. (6) Not later than 20 days after the court gives notice pursuant to subsection (e)(5) (iii), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply: (i) if only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant and the court shall issue promptly an order reallocating the interests of all the cotenants and disburse the amounts held by it to the persons entitled to them; (ii) if no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under subsection (f) paragraphs (1) and (2) as if the interests of the cotenants that requested partition by sale were not purchased; (iii) if more than one cotenant pays the entire price for the remaining interests, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant’s original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest and the court shall issue promptly an order reallocating all of the cotenants’ interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court. (7) Not later than 45 days after the court sends notice to the parties pursuant to subsection (e) (1), any cotenant entitled to buy an interest under this subsection may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action. (8) If the court receives a timely request under subsection (e) (7), the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations: (i) a sale authorized under this subsection (e)(8) may occur only after the purchase prices for all interests subject to sale under subsection (e)(1) through (6) have been paid into court and those interests have been reallocated among the cotenants as provided in those subsections; and (ii) the purchase price for the interests of a nonappearing cotenant is based on the court’s determination of value under subsection (d). (f) (1) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to subsection (e), or if after conclusion of the buyout under subsection (e), a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in subsection (g), finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (2) If the court does not order partition in kind under subsection (f)(1), the court shall order partition by sale pursuant to subsection (h), or if no cotenant requested partition by sale, the court shall dismiss the action. (3) If the court orders partition in kind pursuant to subsection (f)(1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to subsection (e), a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided. (g) (1) In determining pursuant to subsection (f) (1), whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (i) whether the heirs property practicably can be divided among the cotenants; (ii) whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (iii) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (iv) a cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (v) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (vi) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (vii) any other relevant factor. (2) The court may not consider any one factor in subsection (g)(1) to be dispositive without weighing the totality of all relevant factors and circumstances. (h) (1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed by the commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed by the commonwealth to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. (3) If the broker appointed pursuant to subsection (h)(2) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (i) the broker shall comply with the reporting requirements in subsection (i); and (ii) the sale may be completed in accordance with the General Laws other than section 38 of chapter 241. (4) If the broker appointed pursuant to subsection (h)(2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may: (i) approve the highest outstanding offer, if any; (ii) redetermine the value of the property and order that the property continue to be offered for an additional time; or (iii) order that the property be sold by sealed bids or at an auction. (5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted pursuant to chapter 241. (6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. (i) A broker appointed pursuant to subsection (h) (2) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under subsection (d) or (h). The report must contain the following information: (i) a description of the property to be sold to each buyer; (ii) the name of each buyer; (iii) the proposed purchase price; (iv) the terms and conditions of the proposed sale, including the terms of any owner financing; (v) the amounts to be paid to lienholders; (vi) a statement of contractual or other arrangements or conditions of the broker’s commission; and (vii) other material facts relevant to the sale. SECTION 2. In an action to partition real property pursuant to chapter 241 the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under section 38 of chapter 241 unless all of the cotenants otherwise agree in a record. SECTION 3. This Act supplements chapter 241 and, if an action is governed by this Act, replaces provisions of chapter 241 that are inconsistent with this Act. SECTION 4. This Act does not limit or affect the method by which service of a petition in a partition action may be made. SECTION 5. In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. SECTION 6. This Act modifies, limits, and 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 said act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 U.S.C. Section 7003(b). SECTION 7. This Act applies to partitions actions filed on or after the date of enactment.

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An Act relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images

H1745

HD83

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:23:34.68'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1745/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1745) of Jeffrey N. Roy and others relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images. The Judiciary.

SECTION 1. Chapter 12 of the General Laws is hereby amended by inserting after section 35 the following section:- Section 36. The attorney general, in consultation with the department of elementary and secondary education, shall develop and implement a comprehensive educational diversion program. The attorney general may solicit input from the Massachusetts Aggression Reduction Center at Bridgewater State University. The program shall be designed to provide teenagers with information about the legal consequences of and the penalties for transmitting indecent visual depictions known as, “sexting”, or posting indecent visual depictions online, including the applicable federal and state statutes; the non-legal consequences of sexting or posting such pictures, including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities; how the unique characteristics of cyberspace and the internet can produce long-term and unforeseen consequences for sexting and posting such photographs; and the connection between bullying and cyber-bulling and juveniles sexting or posting sexual images. The educational diversion program shall be used as part of any diversion program required pursuant to section 39N of chapter 119 and shall be made available to school districts for use in educational programs on the topic. SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after section 98 the following section:- Section 99. The department shall encourage school districts to implement instruction in media literacy skills at all grade levels, and in any of the core subjects or other subjects, to equip students with the knowledge and skills for accessing, analyzing, evaluating, and creating all types of media and use the educational diversion program established pursuant to section 35 of chapter 12 for educational programs on the topic. SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after section 39M the following section:- Section 39N. (a) If a child is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C, or 29D of chapter 272 the court shall, prior to arraignment, indefinitely stay arraignment and direct that the child enter and complete the educational diversion program established pursuant to section 35 of chapter 12; provided, however, that the district attorney may object in writing to the stay of arraignment. If the district attorney so objects, the court shall consider the district attorney’s objections in its decision to direct a child to enter and complete said education diversion program. If the court finds, on its own motion or at the request of the district attorney, that the child has failed to complete the diversion program, the court shall bring the case forward, arraign the child and restore the delinquency complaint to the docket for further proceedings. (b) If a child is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C, or 29D of chapter 272 and if arraignment has already occurred, the court shall place the child on pretrial probation under section 87 of chapter 276. The conditions of such probation shall include, but not be limited to, completion of the educational diversion program established in section 35 of chapter 12; provided, however, that the district attorney may object in writing to pretrial probation. If the district attorney so objects, the court shall consider the district attorney’s objections in its decision to place the child on pretrial probation. If the court finds, on its own motion or at the request of the district attorney, that the child has failed to comply with the conditions of probation, the court shall restore the delinquency complaint to the docket for trial or further proceedings. SECTION 4. Section 43A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- $5,000. SECTION 5. Said section 43A of said chapter 265, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsections:- (b)(1) As used in this subsection the following words shall, unless the context clearly requires otherwise have the following meanings: “Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast, or engage in any other form of transmission, electronic or otherwise. “Identifiable”, identifiable from the visual material itself or information offered in connection with the visual material. “Partially nude”, the exposure of fully uncovered buttocks, or all or part of the human genitals or the female nipple-areolar complex. “Publish”, disseminate with the intent that such image or images be made available by any means to any person or other legal entity; disseminate with the intent that such images be sold by another person or legal entity; post, present, display, exhibit, circulate, advertise or allow access by any means, so as to make an image or images available to the public; or disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means, and to make such images available to the public. “Visual material”, any photograph, film, video, or digital image or recording, whether produced by electronic, mechanical or other means or any part, representation or reproduction thereof. (2) Whoever knowingly distributes visual material depicting another person, either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual conduct, when the distribution causes physical or economic injury to the person depicted in the visual material or causes the person depicted in the visual material to suffer substantial emotional distress, and does so with the intent to harm, harass, intimidate, threaten, coerce or cause emotional distress, or does so with reckless disregard for the depicted person’s lack of consent to the distribution of the visual material and reasonable expectation that the visual material would remain private, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than 2½ years, by a fine of not more than $10,000, or by both such fine and imprisonment. (3) For purposes of this subsection, consent to the creation of visual material shall not constitute consent to the distribution of the visual material. (4) This subsection shall not preclude other remedies available at law or in equity, including, but not limited to, the issuance by a court with proper jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection. (5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court, shall only be made available for inspection by court personnel to a prosecuting attorney, a defendant’s attorney, a defendant or a victim connected to such prosecution. This does not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or court order. (6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is: (A) voluntary or consensual and occurring in a commercial setting, or (B) voluntary or consensual and occurring in a place where a person does not have a reasonable expectation of privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) lawful and common practices of law enforcement, criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) distribution of visual material that constitutes a matter of public concern; (v) interactive computer services, as defined in 47 U.S.C. section 230(f)(2), for content solely provided by another person; or (vi) information services or telecommunications services, as defined in 47 U.S.C. section 153, for content solely provided by another person. (c) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent offense, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than 2½ years or by imprisonment in a state prison for not more than 10 years, by a fine of not more than $15,000, or by both such fine and imprisonment. SECTION 6. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:- Section 29D. (a) Whoever, while under 18 years of age, (i) possesses or disseminates to another person any visual material in violation of section 29B or section 29C, or (ii) whoever, while under 18 years of age, uploads visual material of another person in violation of this section to an internet website, shall be punished by commitment to the department of youth services for not more than 6 months, by a fine of not less than $50.00 and not more than $500.00, or by both such fine and commitment. (b) A person does not knowingly disseminate the material in violation of this section by reporting the matter to a law enforcement agency, parent, teacher, principal, or other relevant school personnel, or by affording a law enforcement agency, parent, teacher, principal or other relevant school personnel access to the material. (c) A person who has been adjudicated under this section shall not be required to register with the sex offender registry board and no data relating to such adjudication shall be transmitted to the board pursuant to section 178E of chapter 6. (d) The juvenile court department shall have exclusive jurisdiction of proceedings under this section. (e) It shall be an affirmative defense for any crime alleged under sections 29A, 29B, 29C, or under this section that: (i) the visual material portrays no person other than the defendant; or (ii) the defendant was under 18 years of age, the visual material portrays only an individual age 16 or older and was knowingly and voluntarily created and provided to the defendant by the individual in the image, and the defendant has not provided or made available the material to another person except the individual depicted who originally sent the material to the defendant. (f) Nothing in this section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child pornography, or any other applicable provision of law.

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An Act relative to tort actions for latent diseases

H1746

HD84

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:21:12.69'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:21:12.69'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1746/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1746) of Jeffrey N. Roy relative to tort actions for latent diseases. The Judiciary.

SECTION 1: Section 2B of Chapter 260 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following new paragraph in the section:- Nothing in this section shall apply to any tort actions for damages due to latent diseases caused by exposure to toxic substances including, but not limited to, asbestos. SECTION 2: Section 1 shall be effective for all causes of action accruing before, on, or after the date of its enactment, including any cause of action now pending.

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An Act to amend the medical peer review law

H1747

HD102

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:26:54.267'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:26:54.2666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1747/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1747) of Jeffrey N. Roy relative to the medical peer review law. The Judiciary.

SECTION 1: Chapter 111, Section 204 is hereby amended by deleting paragraph (e) and replacing paragraph (a) through (d) with the following: Section 204. (a) Except as otherwise provided in this section, the proceedings, reports and records of a medical peer review committee shall be confidential and shall be exempt from the disclosure of public records under section 10 of chapter 66, except reports or records of such proceedings, including any records as to the identities, positions and/or roles of the participants and/or attendees at such proceedings (i) shall be made available upon request by an injured person whose medical care is the subject of such proceedings, by the health care proxy for such injured person; by the next of kin of a deceased person whose medical care is the subject of such proceedings; by a personal representative of such deceased person; and/or by the attorney for the injured person or personal representative of a deceased person; and (ii) shall be subject to subpoena or a discovery request and used to refresh a witness’ recollection, in any judicial or administrative proceeding involving a physician or other medical provider who is the subject of such peer review meeting and/or who is a party to a medical malpractice action. The peer review report shall be inadmissible as evidence in any judicial or administrative proceeding, unless the maker of the statement, or a defense expert witness, when questioned under oath during the litigation about facts and opinions regarding any mistakes or errors that occurred, makes a contradictory or inconsistent statement as to material facts determined or opinions rendered during the peer review process, in which case the statements and opinions made about the mistake or error shall be admissible for all purposes. (b) A person who testifies before such committee shall not be prevented from testifying in a subsequent action or proceeding as to matters known to such person independent of the committee’s proceedings, and/or as to that person’s testimony before such committee. Any person who is in attendance at a meeting of a medical peer review committee shall be permitted or required to testify in any subsequent judicial or administrative proceeding or medical malpractice action as to the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, deliberations or other actions of such committee or any members thereof. (c) Documents, incident reports or records otherwise available from original sources shall not be immune from subpoena, discovery or use in any such judicial or administrative proceeding or medical malpractice action merely because they were presented to such committee in connection with its proceedings. Nor shall the proceedings, reports, findings and records of a medical peer review committee be immune from subpoena, discovery or use as evidence in any proceeding against a member of such committee to establish a cause of action pursuant to section 85N of chapter 231 or to any investigation or administrative proceeding conducted by the boards of registration in medicine, pharmacy, social work or psychology or by the department of public health pursuant to chapter 111C. (d) A court may place reasonable restrictions on the use which may be made of the information obtained hereunder so as to maintain, so far as necessary or practicable, the confidentiality of such information or the privacy of the individuals involved, or to preclude such information from disclosure to the public at large.

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An Act relative to access to a decedent's electronic mail accounts

H1748

HD343

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-12T12:17:57.41'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-12T12:17:57.41'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T11:35:13.7733333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-14T11:35:13.7733333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-15T18:16:53.4166667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-22T14:10:42.2266667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-21T09:32:39.6866667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-31T10:54:48.3266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1748/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1748) of Jeffrey N. Roy and others relative to access to a decedent's electronic mail accounts. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the following chapter:- CHAPTER 201G. MASSACHUSETTS REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Section 1. Short title This chapter may be cited as the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act. Section 2. Definitions In this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) “Carries” means engages in the transmission of an electronic communication. (4) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (5) “Conservator” means a person appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator, special conservator, and those individuals specifically authorized under section 5-408 of chapter 190B. (6) “Content of an electronic communication” means information concerning the substance or meaning of the communication which: (A) has been sent or received by a user; (B) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (C) is not readily accessible to the public. (7) “Court” means the probate and family court department of the trial court and any other Massachusetts court having appellate jurisdiction over any ruling by the probate and family court. (8) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (10) “Digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (12) “Electronic communication” has the meaning set forth in 18 U.S.C. Section 2510(12), as amended. (13) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (14) “Fiduciary” means an original, additional, or successor personal representative, conservator, agent or trustee. (15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. (16) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (17) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (18) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under law of this commonwealth other than this chapter. (19) “Power of attorney” means a record that grants an agent authority to act in the place of a principal. (20) “Principal” means an individual who grants authority to an agent in a power of attorney. (21) “Protected person” means an individual for whom a conservator has been appointed. The term includes an individual for whom a petition for the appointment of a conservator is pending. (22) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (23) “Remote computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), as amended. (24) “Terms of service agreement” means an agreement that controls the relationship between a user and a custodian. (25) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court. (26) “User” means a person that has an account with a custodian. (27) “Will” includes a codicil, testamentary instrument that only appoints a personal representative, and an instrument that revokes or revises a testamentary instrument. Section 3. Applicability (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) a conservatorship proceeding commenced before, on, or after the effective date of this chapter; and (4) a trustee acting under a trust created before, on, or after the effective date of this chapter. (b) This chapter applies to a custodian if the user resides in this commonwealth or resided in this commonwealth at the time of the user’s death. (c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. Section 4. Direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record made prior to the date of the direction made by the user using an online tool. (b) The user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, and the provisions of such will or other record shall override a contrary direction by the user using an online tool that was made prior to the date of such will or other record. (c) A user’s direction under subsection (a) or (b) overrides (i) a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service and (ii) a contrary prior direction from the user under subsection (a) or (b). (d) If the online tool has not been utilized by the user or if the custodian has not provided an online tool and, in either case, if no direction regarding some or all of the digital assets is provided to the fiduciary in a will or other record, the fiduciary may petition a court for access to some or all of the user’s digital assets. The court shall grant such access unless it finds that the fiduciary is not acting in good faith or that such access is prohibited by applicable federal law. Section 5. Terms-of-service agreement (a) Except as otherwise provided in Section 4, this chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) Except as otherwise provided in Section 4, this chapter does not give a fiduciary any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary acts or represents. (c) A fiduciary’s access to digital assets may be modified or eliminated by a user, by federal law, or, subject to Section 4, by a terms-of-service agreement if the user has not provided a direction under Section 4(a) or Section 4(b) or the fiduciary has not obtained a court order issued under Section 4(d). Section 6. Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this chapter, the custodian shall, in accordance with the direction provided under Section 4(a) or Section 4(b) or a court order issued under Section 4(d): (1) if requested by the fiduciary or designated recipient, grant a fiduciary or designated recipient full access to the user’s account; (2) subject to Section 6(d), grant a fiduciary or designated recipient partial access to the user’s account to the extent that such partial access is requested by a fiduciary or designated recipient; or (3) at the option of the custodian, provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user’s digital assets; (2) all of the user’s digital assets to the fiduciary or designated recipient; (3) none of the user’s digital assets; or (4) all of the user’s digital assets to the court for review in camera. Section 7. Disclosure of content of electronic communications of deceased user If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) an attested copy of the letter of appointment of the personal representative or a small estate affidavit or court order; (4) unless the deceased user provided direction using an online tool, (i) a copy of the user’s will, trust or other record evidencing the user’s consent to disclosure of the content of electronic communications, (ii) a court order acknowledging that the user consented to the disclosure of the content of electronic communications to the personal representative under the user’s will, trust or other record or (iii) a court order issued under Section 4(d); and (5) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; or (C) a finding by the court that the deceased user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). Section 8. Disclosure of other digital assets of deceased user Unless the deceased user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) an attested copy of the letter of appointment of the representative or a small estate affidavit or court order; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; (C) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or (D) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or (ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. Section 9. Disclosure of content of electronic communications of principal To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (B) evidence linking the account to the principal. Section 10. Disclosure of other digital assets of principal Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (1) a written request for the disclosure in physical or electronic form; (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect and; (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (B) evidence linking the account to the principal. Section 11. Disclosure of digital assets held in trust when trustee is original user Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. Section 12. Disclosure of contents of electronic communications held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under chapter 203E that includes consent to disclosure of the content of electronic communications to the trustee; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (B) evidence linking the account to the trust. Section 13. Disclosure of other digital assets held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under chapter 203E; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (B) evidence linking the account to the trust. Section 14. Disclosure of digital assets to conservator of protected person (a) After an opportunity for a hearing under chapter 190B, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an attested copy of the court order that gives the conservator authority over the digital assets of the protected person; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or (B) evidence linking the account to the protected person. (c) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by an attested copy of the court order giving the conservator authority over the protected person’s property. Section 15. Fiduciary duty and authority (a) The user’s rights in digital assets, including the content of electronic communications, constitute property of the estate of the user to be managed consistent with the legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 4, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) is limited by the scope of the fiduciary’s duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including section 120F of chapter 266 of the General Laws. (e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including section 120F of chapter 266 of the General Laws. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; (2) an attested copy of the letter of appointment of the representative or a small estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). Section 16. Custodian compliance and immunity (a) Not later than 60 days after receipt of the information required under sections 7 through 14, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (c) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request. (d) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (1) specifies that an account belongs to the protected person or principal; (2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter. (e) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Section 17. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 18. Relation to Electronic Signatures in Global and National Commerce Act This chapter modifies, limits and supersedes the federal 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 said act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of said act, 15 U.S.C. section 7003(b). Section 19. Severability If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does 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 2. This act shall take effect 1 year after its passage. 4705250.4

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An Act concerning payments on personal injury protection benefit claims

H1749

HD1769

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:21:37.007'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:21:37.0066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1749/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1749) of Jeffrey N. Roy relative to payments on personal injury protection benefit claims. The Judiciary.

The fourth paragraph of section 34M of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following two sentences:- If after the commencement of any such action, but before judgment, the insurer makes payment of the amount that is due and payable, the court may still assess costs and reasonable attorney’s fees for the bringing and prosecuting of the action, but only up until the time of such payment. Interest, running from the commencement of the action shall be assessed on all amounts adjudged to be due and payable in any such action, at the same rate as interest is assessed for breach of contract actions in the commonwealth.

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An Act providing educational stability for vulnerable children

H175

HD1821

{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:39:15.343'}

[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:39:15.3433333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-30T09:11:12.3533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H175/DocumentHistoryActions

Bill

By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 175) of Denise C. Garlick and Patrick Joseph Kearney for legislation to provide educational stability for vulnerable children. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 18B of the General Laws is hereby amended by inserting after section 9 the following two sections:- Section 9A. The commissioner shall appoint an education director to support the department’s goal of educational stability and success for all elementary and secondary school students under the care and custody of the department. The education director’s duties shall include, but not be limited to: (i) development, implementation, and oversight of the department’s policies on education for children under the care and custody of the department, including policy development and practice guidance; (ii) monitor state and federal laws, programs, and resources that may impact the education of children under the care and custody of the department; (iii) advise the commissioner and all education coordinators on all matters relating to education, strategic education initiatives, policy, and practice management matters; (iv) coordinate efforts with area office based education coordinators to identify systemic barriers to accessing educational services for children under the care and custody of the department, including issues related to transportation for children in department care or custody to attend their school of origin; (v) coordinate with department area and regional offices on education related issues; and (vi) facilitate best practice training for area office based education coordinators. The education director shall perform such duties as are described in this chapter and such other duties as may be assigned by the commissioner. Section 9B. The commissioner, with the advice of the education director and the area director, shall appoint at least one full-time education specialist at each area office. Said education specialist shall be an employee of the area office and devote full time to the duties of the office. The focus of each education specialist’s duties shall include, but not be limited to: (i) implementation and oversight of the area office’s work on education for children receiving services from the department, consistent with the policies created by the department’s education manager; (ii) monitor student academic progress of children under the care and custody of the area office not less than once per academic quarter; (iii) provide support and assistance to department caseworkers regarding educational needs of children; (iv) provide detailed training to department caseworkers on the best practices to monitor a child’s education experiences, recognize unavailability of resources preventing a child from participating in school courses, and develop individual education plans or 504 plan; (v) ensure the timeliness and accuracy of the transfer of education records detailing a child’s educational background and needs; and (vi) maintain contact with appropriate local school districts and education organizations to facilitate enrollment and placement of children into school districts served by the area office.

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An Act concerning equitable allocation of recovery proceeds for subrogation claims

H1750

HD1771

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:19:29.82'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-13T14:19:29.82'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T15:17:33.3266667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-06T15:17:33.3266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1750/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1750) of Jeffrey N. Roy, Margaret R. Scarsdale and John Barrett, III relative to equitable allocation of recovery proceeds for certain subrogation claims. The Judiciary.

SECTION 1. Section 70A of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:- The expense of any attorney’s fees and costs incurred in enforcing the liability of the tortfeasor and in obtaining such judgment, compromise or settlement shall be divided between the health maintenance organization, or hospital, medical or dental service corporation and the injured person in proportion to the amounts received by them from any such judgment, settlement or compromise. If the settlement, judgment or funds available to satisfy the judgment are less than the amount of plaintiff’s total damages, the court may reduce after a hearing the amount of said insurer’s lien in the action, after evaluation of the plaintiff’s total cognizable damages at law. SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after section 70D the following section:- Section 70D ½. Notwithstanding the provisions of sections 70A to 70D, inclusive, and any contractual term to the contrary, no health maintenance organization or group or individual medical insurer or disability insurer which has provided benefits for covered services to a person insured in an accident shall have a lien or right of reimbursement or subrogation claim or claims of recoupment no matter how designated upon any recovery or sum had or collected or to be collected, whether by judgment or by settlement or compromise from another person as damages on account of such injuries, for more than the proportionate share of said recovery or sum subject to its lien, right or reimbursement, subrogation claim or claims of recoupment which the amount of benefits so provided for covered services bears to the complete value of the injured person’s tort damages. Either the entity which provided benefits or the injured person may petition the court in which the accident case is pending, or in a court in which such case could be properly filed had settlement not been attained before commencement of suit, for a determination of the reasonableness of the settlement and the fair allocation of amounts payable thereunder. A hearing on such petition shall adhere to the same procedural requirement as provided in section 15 of chapter 152. SECTION 3. Chapter 231 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 72 the following section:- Section 72A. In any action in which an injured person enters into a settlement with, or obtains a judgment upon trial from a third party and benefits for such person’s injuries have been paid under chapter 152, and the injured person and the insurer paying said benefits do not agree to the amount each is entitled to recover out of such settlement or judgment, there shall be a just and reasonable apportionment thereof in accordance with this section; provided, however if the settlement, judgment or funds available to satisfy the judgment are less than the amount of plaintiff’s total damages, the court or other authority authorized to approve settlements under section 15 of chapter 152 may reduce after a hearing the amount of said insurer’s lien in the action, after evaluation of the plaintiff’s total cognizable damages at law. Except in the case of a final judgment, where the plaintiff is dissatisfied with the apportionment by the court, he may withdraw his consent to the settlement.

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An Act concerning payments on personal injury protection benefit claims

H1751

HD1786

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:10:53.423'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:10:53.4233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1751/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1751) of Jeffrey N. Roy relative to payments on personal injury protection benefit claims. The Judiciary.

The fourth paragraph of section 34M of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following two sentences:- If after the commencement of any such action, but before judgment, the insurer makes payment of the amount that is due and payable, the court may still assess costs and reasonable attorney’s fees for the bringing and prosecuting of the action, but only up until the time of such payment. Interest, running from the commencement of the action shall be assessed on all amounts adjudged to be due and payable in any such action, at the same rate as interest is assessed for breach of contract actions in the commonwealth.

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An Act relative to compensation for victims of wrongful conviction

H1752

HD3111

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T11:43:39.087'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T11:43:39.0866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-08T13:20:20.9266667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-06-08T13:20:20.9266667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-06-08T13:20:20.9266667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-06-08T13:20:40.61'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-06-08T13:20:40.61'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-08T13:20:40.61'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1752/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1752) of Jeffrey N. Roy relative to compensation for victims of wrongful conviction. The Judiciary.

SECTION 1. Section 9 of Chapter 211D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (e) and inserting in place thereof the following words: (e) a method for the provision of social services including, but not limited to, referrals for transitional services relating to the physical, social, and emotional needs of persons after release from incarceration. SECTION 2. Chapter 211D of the General Laws, is hereby amended by inserting after section 16 the following section: Section 17. The Committee shall establish, supervise and maintain a system for the assignment of social service advocates to assist indigents who are eligible for transitional assistance under Chapter 258D of the General Laws section 10(B). SECTION 3. Section 1 of Chapter 258D of the General Laws, as so appearing, is hereby amended by striking subsection (B)(ii) and inserting in place thereof the following words:- (ii) those who have been granted judicial relief by a state court of competent jurisdiction, on grounds consistent with the innocence of the individual as set forth in clause (vi) of subsection (C), provided however that if the state court granting judicial relief does not address all grounds for relief, as asserted in an appeal or a motion for post-conviction relief, and if at least one of such grounds is consistent with innocence, the grounds asserted in such motion may be relied upon by the claimant to satisfy the requirement that there are grounds which are consistent with innocence, and if (a) the judicial relief vacates or reverses the judgment of a felony conviction, and the felony indictment or complaint used to charge the individual with such felony has been dismissed, or if a new trial was ordered, the individual was not retried and the felony indictment or complaint was dismissed or a nolle prosequi was entered, or if a new trial was ordered and the individual was found not guilty at the new trial; and (b) at the time of the filing of an action under this chapter no criminal proceeding is pending or can be brought against the individual by a district attorney or the attorney general for any act associated with such felony conviction. SECTION 4. Section 1(C) of Chapter 258D of the General Laws, is hereby amended by striking the words “clear and convincing” and inserting in place thereof the following words:- “a preponderance of the”. SECTION 5. Section 1 of Chapter 258D of the General Laws, is hereby amended by striking subsection (G) and inserting in place thereof the following:- (G) A claimant shall be entitled to preliminary relief under subsection (E) of section 5 upon filing a complaint pursuant to this chapter that avers that the claimant meets the eligibility requirements as stated in subsection (B) above. SECTION 6. Section 3 of Chapter 258D of the General Laws, is hereby amended by adding at the end the following words:- In any event a case filed pursuant to this chapter shall be placed on a fast track. SECTION 7. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following subsection:- (A) Upon a finding or verdict that the claimant has met the requirements of section 1 by the requisite standard of proof and is not barred from compensation by section 2, the court or the jury shall determine the damages that shall be payable to the claimant. In making such determination, the court or jury shall consider, but not be limited to, the consideration of: the income the claimant would have earned, but for his conviction, incarceration, parole or other supervised release, or collateral consequences of his conviction or sentence; the particular circumstances of the claimant's trial and other proceedings; the length and conditions under which the claimant was incarcerated or on parole or other supervised release and; any other factors deemed appropriate under the circumstances in order to fairly and reasonably compensate the claimant. The court, in its discretion, may admit expert testimony on these or any factors. The court may include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services to address the individual’s physical, social, and emotional needs, including financial literacy training, and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses. Once the damages have been determined, the court shall enter a judgment against the commonwealth for the claimant in an amount certain. A judgment against the commonwealth may not include punitive or exemplary damages. The damages award shall not be reduced by any transitional assistance grant or award of services, tuition or fees under Sections 5(A) or (E) or Section 10 or any award of reasonable attorney fees and costs of litigation as provided in section 6 below. Notwithstanding any general or special law to the contrary, the clerk of court shall not add to the judgment and the commonwealth shall not be liable for paying, any prejudgment or post judgment interest on damages. Subject to section 4, relative to award or settlements, the rights and remedies afforded to certain individuals by this chapter are not intended to limit in any way any rights or remedies that such individuals or other individuals may be entitled to exercise and pursue under common law or under any other state or federal statute including without limitation chapter 258 and 42 U.S.C. Sec. 1983. SECTION 8. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (E) and inserting in place thereof the following subsection:- (E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection (G) of section 1, the court shall enter an order requiring the commonwealth to provide the claimant with a transitional assistance grant of $15,000 and services to address the claimant's physical, social, and emotional needs and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses. SECTION 9. Section 6 of Chapter 258D of the General Laws, is hereby amended by inserting after the word “chapter,” the following words:- “, or who enters into a settlement agreement with the commonwealth in connection with a claim asserted under this chapter”. SECTION 10. Section 7 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following words:- (A) Upon the entry of a judgment in favor of a claimant under this chapter or upon settlement of a claim brought pursuant to this chapter and following a separate hearing on the matter, on motion of the claimant the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the department of criminal justice information services, the probation department, and the sex offender registry that directly pertain to the claimant's erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant. The commonwealth, as well as any other law enforcement agency that may be directly affected by such expungement or sealing of such records including, but not limited to, the district attorney that prosecuted the felony case against the claimant, shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents and materials shall be so expunged or sealed. In making its determination as to whether such records, documents and materials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claimant's erroneous felony conviction as well as the probable effect of such expungement or sealing on relevant law enforcement entities and their ability to appropriately investigate and prosecute other persons for the felony which forms the basis of the claim or other crimes that may relate to the information contained in such records, documents and materials. In addition to an order directing expungement or sealing of the record, a claimant who prevails in a claim brought under this chapter by way of judgment or settlement, shall be entitled to an order and judgment, signed by a Judge of the Superior Court, which shall attest that the claimant has been exonerated of the subject crime or crimes. SECTION 11. Section 7 (B) of Chapter 258D of the General Laws, is hereby amended by inserting after the words “conducted by the court,” the following words:- “on motion of the claimant” SECTION 12. Chapter 258D of the General Laws, is hereby amended by inserting after section 9 the following:- Section 10. Transitional Assistance for Persons Released from Incarceration for Erroneous Felony Convictions (A) Upon a person's release from incarceration for an erroneous felony conviction as defined in Section 1(B), the trial court in which the conviction originated shall order payment of transitional financial assistance in the amount of $5000 to the formerly incarcerated person. (B) Upon the release from incarceration of an indigent person whose felony conviction is vacated, reversed, or pardoned, the trial court in which the conviction originated shall, upon motion demonstrating indigency, authorize funds for a social service advocate from the Committee for Public Counsel Services’ approved vendor list to assist the formerly incarcerated person in obtaining transitional services including, but not limited to, referrals for their physical, social and emotional needs.

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An Act concerning assault of a sports official

H1753

HD3673

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T14:11:06.13'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-20T14:11:06.13'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-02-06T15:18:00.5933333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-08-02T09:43:16.1166667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-08-03T11:42:14.6333333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-08-03T11:42:14.6333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1753/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1753) of Jeffrey N. Roy and Bruce J. Ayers relative to assaults upon sports officials. 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) As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Serious bodily injury'', bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death. "Sporting event", an organized competitive athletic activity between 2 or more individuals. "Sports official", an individual who officially administers or officially assists in administering the rules at any sporting event, including, but not limited to, a referee. (b) Except as otherwise provided in this section, a person who assaults, batters, or assaults and batters an individual who performs his or her duties as a sports official immediately before, during, or after a sporting event, or at any other time if the assault, battery, or assault and battery directly arises from the sports official's execution of his or her duty as a sports official, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (c) A person who assaults, batters, or assaults and batters an individual who performs his or her duties as a sports official immediately before, during, or after a sporting event, or at any other time if the assault, battery, or assault and battery arises from the sports official's execution of his or her duty as a sports official, causing the individual bodily injury requiring medical attention or medical care, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (d) A person who assaults, batters, or assaults and batters an individual who performs his or her duties as a sports official immediately before, during, or after a sporting event, or at any other time if the assault, battery, or assault and battery arises from the sports official's execution of his or her duty as a sports official, causing the individual serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. (f) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section. (g) An entity that owns or operates a facility at which an individual performs duties as a sports official shall post a sign in that facility that includes the text of subsections (1) to (3) and, if requested by a sports official, shall provide an escort. An entity that violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

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An Act relative to plant medicine

H1754

HD1450

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T13:53:27.603'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T13:53:27.6033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-08T11:35:37.8133333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T12:11:50.89'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-10T13:39:55.5566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:17:12.6233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T15:00:06.2466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-27T15:00:48.0166667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-24T16:35:36.0933333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-24T16:11:07.96'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1754/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1754) of Lindsay N. Sabadosa and others relative to legalizing certain plant medicine. The Judiciary.

SECTION 1. Chapter 94C of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after section 49 the following new section-: Section 50: Entheogenic Plants and Fungi Notwithstanding any general or special law to the contrary, all of the following shall be lawful for a natural person 18 years of age or older and shall not be a violation of state or local law: the possession, ingestion, obtaining, growing, giving away without financial gain to natural persons 18 years of age or older, and transportation of no more than two grams of psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline, excluding the weight of any material such as water, plant, and fungi material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended. “Financial gain” shall mean the receipt of money or other valuable consideration in exchange for the item being shared.

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An Act to track the implementation of the Brangan ruling

H1755

HD1965

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T09:21:31.857'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T09:21:31.8566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1755/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1755) of Lindsay N. Sabadosa relative to the reporting of bail and charges to the Committee for Public Counsel Services. The Judiciary.

Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- The bail amount as well as the charges must be reported to the Committee for Public Counsel Services so that the data may be tracked to ensure proper implementation of the above.

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An Act ensuring integrity in juvenile interrogations

H1756

HD2830

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:49:30.263'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:49:30.2633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:39:02.5'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-05-10T14:43:44.0033333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:14:44.4066667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:48:28.9166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-16T12:30:49.8033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-08T14:39:48.35'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1756/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1756) of Lindsay N. Sabadosa and others for legislation to prohibit the use of deception during juvenile custodial interrogations. The Judiciary.

Chapter 119 of the General Laws is hereby amended by inserting after section 89 the following section: Section 90. Prohibition on use of deception during juvenile custodial interrogations Section 90.(a) As used in this section, the following words shall have the following meanings: i. "Statement” means a juvenile’s oral assertion, written assertion, or nonverbal conduct if intended as an assertion. ii. “Juvenile” shall have the same meaning as set forth in G.L. ch. 119, section 89. iii. “Deception” means communicating, or relaying in any way, false or misleading facts, false or misleading information, false or misleading evidence, or unauthorized implicit or explicit offers of leniency. iv. “Custodial Interrogation” means any questioning by law enforcement officers, or persons acting on behalf of a law enforcement officers, in relation to an investigation, under circumstances where a reasonable juvenile would consider themselves to be in custody, and that questioning is likely to elicit an incriminating response. (b) A statement made by a juvenile during a custodial interrogation shall be presumed to be involuntary, and therefore inadmissible in any court where such statement is offered as evidence, if during the custodial interrogation a law enforcement officer, or person acting on behalf of a law enforcement officer, knowingly engages in deception. A statement that is involuntary, as described in the above paragraph, shall not form the basis of any further investigative activities; any evidence that flows from that statement shall be considered tainted by such deception, and shall be inadmissible as such. (c) The presumption that such statement, as described in subsection (b), is inadmissible, may be overcome if the Commonwealth proves, beyond a reasonable doubt, that the statement was voluntary and not made due to any deception. (d) Nothing in this section shall abrogate the Commonwealth’s burden to prove a statement is voluntary prior to introducing that statement into evidence. (e) Subsection (b) shall apply to all statements, as described in subsection (b), made on or after the effective date of this statute.

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An Act to promote the health and safety of people in the sex trade

H1757

HD2868

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:19:17.81'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:19:17.81'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-17T15:38:51.6866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1757/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1757) of Lindsay N. Sabadosa relative to the expungement of certain marijuana and prostitution-related records. The Judiciary.

SECTION 1. Subsection (a) of section 53 of chapter 272 of the General Laws is hereby amended by striking out the words “Common night walkers, common street walkers, both male and female.” SECTION 2. Subsections (a) and (b) of section 53A of chapter 272 are hereby repealed. SECTION 3. Section 8 of chapter 272 of the General Laws is hereby repealed. SECTION 4. Section 62 of chapter 272 of the General Laws is hereby repealed. SECTION 5. Section 100E of chapter 276 of the General Laws is hereby stricken and replaced with the following: Section 100E: Expungement of records of marijuana and prostitution-related arrests, detentions, conviction and incarceration. (a) Expungement of marijuana and prostitution-related records. Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation, or the Department of Criminal Justice Information Services established by c. 6, sec. 167A et seq., for a marijuana offense as defined by c. 94C or other provisions of law committed before the enactment of c. 334 of the Acts of 2016, or prostitution-related offenses as defined in chapter 127 sections 8, 53, and 53A (a) and (b), shall have all such records expunged forthwith from all criminal record information systems collected or distributed by any state agency, court or municipality. Any person with a criminal record eligible for expungement hereunder may apply to the commissioner, the department or the clerk of court where an expunged record exists, for expedited expungement in compliance with the provisions hereunder, and have the application acted on forthwith. (b) Notice of expungement. When records of criminal appearances and criminal dispositions are expunged by the commissioner or department in their files, the commissioner or department shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such expungement, and said clerks and probation officers likewise shall expunge records of the same proceedings in their files. (c) Effect of expungement. Such expunged records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions. Anyone with an expunged marijuana record whose license to operate a motor vehicle remains under suspension pursuant to G.L. c. 90, sec. 22 or other provision of law, due to a marijuana infraction unrelated to a conviction for operation under the influence, is entitled to have the suspension terminated forthwith, and to have their license to operate restored forthwith. (d) Employment applications. An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with an expunged record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with an expunged record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. (e) “No record” report of expunged records. The commissioner or the department, in response to inquiries by authorized persons, shall in the case of an expunged record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services, report that no record exists. (f) Prisoners serving sentences for expunged offenses. The commissioner of correction, and the sheriffs and masters of all county Houses of Correction shall forthwith review the sentencing mittimus’ of all prisoners in their custody to identify any prisoner held (i) pursuant to a conviction for a marijuana offense as defined by c. 94C, committed before the enactment of c. 334 of the Acts of 2016; or (ii) pursuant to a conviction for a prostitution-related offense as defined by chapter 127 sections 8, 53, and 53A (a) and (b); (iii) the revocation of probation or parole regardless of the nature of the underlying offense, where the only ground for revocation was the prisoner’s use of marijuana committed before the enactment of c. 334 of the Acts of 2016, or engaging in prostitution. Any prisoner so identified shall be reported to the committee for public counsel services, and the district attorney for the county of the sentencing court, along with a copy of the sentencing mittimus. Any prisoner being held only for sentence under an expunged marijuana or prostitution-related offense, or held on a probation or parole surrender based only on drug testing or other probation or parole violation regarding the parolee or probationer’s use of marijuana or engagement in prostitution, may apply to the sentencing court for an order of discharge and release. An initial hearing shall be held within ten days of court application, to determine whether any basis other than a marijuana or prostitution-related law violation exists for the prisoner’s continued detention. If no other basis exists the prisoner shall be released forthwith at the initial hearing; if other non-marijuana related cause for custody appears to exist, the prisoner may seek a continuance of the initial hearing to further investigate and present evidence regarding a claim that the only basis for the prisoner’s custody is a conviction or probation or parole surrender for the violation of an expunged or other marijuana or prostitution-related offense or the prisoner’s use of marijuana or engagement in prostitution while on probation or parole.

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An Act to prevent human trafficking and improve the health and safety of sex workers

H1758

HD2874

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:26:18.25'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:26:18.25'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:38:29.25'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:25:47.19'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:00:07.1766667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:32:20.09'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:02:36.38'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:03:46.4333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-31T10:13:52.3466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-08-31T09:14:21.0766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1758/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1758) of Lindsay N. Sabadosa and others for legislation to prevent human trafficking and improve the health and safety of sex workers. The Judiciary.

SECTION 1. Section 7 of chapter 4, as appearing in the 2018 Official Edition, is hereby amended by inserting after the sixty-first definition the following definitions:- Sixty-second, "Commercial sex" shall mean a sexual act or contact with another person in return for giving or receiving anything of value. Sixty-third, "Sex worker" shall mean a person who provides a sexual act or contact with another person in return for receiving anything of value. SECTION 2 . Chapter 272 of the General Laws is hereby amended by adding after section 53A the following section, which shall be titled “Human Trafficking Prevention and Sex Worker Project”:- Section 53B. The Department of Public Health shall create a Human Trafficking Prevention and Sex Worker Project. The Project shall develop and implement a strategic plan to prevent, reduce, prevent, and eliminate human trafficking; provided further, said strategic plan shall include ways to support the health, safety, and autonomy of sex workers. The goal shall be to reduce the economic, legal, and social vulnerability of people who experience human trafficking and/or engage in criminalized sex work. The strategic plan shall identify and collaborate with groups of people that are vulnerable to human trafficking, or likely to engage in sex work, including, but not limited to, sex workers, people who use drugs, undocumented people, people who identify as LGBTQ+, formerly incarcerated people, and people who are unhoused. The Department shall identify resources, and initiate referrals, for free or low-cost (i) housing, (ii) healthcare including reproductive healthcare, (iii) childcare, (iv) legal aid, (v) harm reduction for substance use, (vi) safer sex resources, and (vii) educational and training opportunities. The Department shall identify, provide contact information for, and make referrals to community organizations that provide support to the above listed populations, among others. Provided further, said strategic plan shall include the development of a system, directly or indirectly, to distribute cash aid to populations vulnerable to human trafficking, particularly people who engage in sex work. Provided further, the strategic plan shall create a publicly available system for individuals to submit an incident report related to human trafficking or abuse experienced during the course of sex work. The strategic plan, resources, incident reporting system, and application for cash aid shall be listed on the Department’s publicly available website. The strategic plan should be created in collaboration with individuals who have engaged in commercial sex, individuals who have experiences with trafficking in the sex trade, and organizations that advocate for those individuals, among others. An initial iteration of the strategic plan should be made publicly available no later than November 30, 2023. SECTION 3. Section 53 of chapter 272 of the General Laws is hereby amended by striking out subsection (a) as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:- (a) Whoever commits offensive and disorderly acts or language, accosts or annoys 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 19. Chapter 272 of the General Laws is hereby amended by adding after section 53B the following section, which shall be titled “Interagency committee to study decriminalizing sex work”:- Section 53C. (a) There shall be an interagency committee to be convened by the Executive Office of Health and Human Services within 90 days from the date of the enactment of this provision to study decriminalizing sex work. The committee shall consist of: (i) the secretary of the Executive Office of Health and Human Services or the secretary’s designee; (ii) a representative of the Department of Public Health; (iii) a representative of the Executive Office of Labor and Workforce Development; (iv) a representative of the Department of Housing and Community Development; (v) a representative of the Department of Children and Families; (vii) a representative from an organization focused on advocacy for sex workers; (viii) a representative from an organization focused incarcerated and formerly incarcerated LGBTQ+ people; (xiv) a representative from an organization focused on advocating for transgender people; (xv) a representative from an organization focused on advocating for racial justice; (ix) a representative from an organization representing survivors of human trafficking in the commercial sex sector; (x) representative from the Boston Area Rape Crisis Center; (xi) a representative from the American Civil Liberties Union of Massachusetts; (xii) a representative from an organization focused on harm reduction related to substance use;(xiii) a representative from an organization focused on advocating for legal defense and bonds for undocumented people; (xiv) a representative from the Committee for Public Counsel Services; and (xv) at least three current or former sex workers. The members of the committee shall be appointed by the secretary of the Executive Office of Health and Human Services or the secretary’s designee unless otherwise stated. Two co-chairs shall be appointed by majority vote of commission members. Adequate compensation for services shall be determined by a schedule of fees adopted by the committee. The committee shall be responsible for studying and making recommendations towards the following: (i) what criminal penalties and collateral consequences exist related to the criminalization of sex work, (ii) what labor protections need to be in place under decriminalization, (iii) what services need to be made available to people engaged in commercial sex to improve health and safety outcomes, (iv) identify the methods of human trafficking and exploitation in order to develop strategies to reduce these activities in collaboration with sex workers, with a focus on prevention, and (v) implementation models for alternatives to policing to promote safety in the commercial sex sector, rooted in public health. SECTION 20. Section 100K of chapter 276 of the General Laws is hereby amended by striking out subsection (c), as so appearing, and inserting in place thereof the following subsections:- (c) The court must 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 Section 53(a) of chapter 272 as appearing in the 2018 Official Edition, and a third conviction of being a common nightwalker, under Section 62 of chapter 272 as appearing in the 2018 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 21. Section 62 of Chapter 272 of the General Laws is hereby repealed. SECTION 22 . Chapter 94C is hereby amended by inserting after section 34A the following section:- Section 34B: Any person who, in good faith, reports a crime shall not be charged or prosecuted for (i) possession of a controlled substance under section 34, (ii) sex for fee under chapter 272 section 53A subsections (a) or (b), (iii) loitering under chapter 161 section 95, (iv) trespassing under chapter 266 section 120, (v) soliciting under chapter 272 section 8, or (vi) conspiracy to commit any of the aforementioned offenses under chapter 94C section 40, or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the above enumerated offenses was gained as a result of reporting a crime.

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An Act establishing medical civil rights

H1759

HD3678

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:19.083'}

[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:19.0833333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T16:02:35.5966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1759/DocumentHistoryActions

Bill

By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 1759) of Jon Santiago and Kay Khan relative to establishing medical civil rights. The Judiciary.

SECTION 1. Chapter 276 is hereby amended by adding the following new section:- Section 33 ½. (a) Definitions: 1. “Emergency medical condition” a medical condition, whether physical, behavioral, related to a substance use disorder or mental, manifesting itself by symptoms of sufficient severity, including but not limited to severe pain, that the absence of prompt medical attention could reasonably be expected by a prudent layperson who possesses an average knowledge of health and medicine to result in placing the health of the person or another person in serious jeopardy, serious impairment to body function or serious dysfunction of any body organ or part or, with respect to a pregnant woman. 2. “Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department. 3. “Law enforcement officer” or “officer”, any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer. 4. “Medically unstable,” any condition, whether physical, behavioral, or related to substance use or mental health disorders, that manifests in an unstable medical or mental health status, which could reasonably be understood by a layperson to lead to an emergency medical condition. (b) Any person who experiences an emergency medical condition or is medically unstable while in contact with, under the custody or control of a law enforcement officer, shall have the right to be provided with emergency medical services. (c) Law enforcement officers shall immediately request emergency medical services for any person with whom they are in contact or have under their custody or control, who has communicated that they are experiencing an emergency medical condition or are medically unstable; or who reasonably appear to a law enforcement officer to be experiencing an emergency medical condition or are deteriorating such that they are medically unstable.

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An Act relative to intellectual disabilities for DDS services

H176

HD1328

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-11T15:08:23.697'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-11T15:08:23.6966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H176/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 176) of Colleen M. Garry that the Department of Developmental Services consider neuropsychological evaluations of certain persons with intellectual disabilities. Children, Families and Persons with Disabilities.

Section 1. Section 14 of Chapter 19B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following words: "The Department of Developmental Services shall not deny Intellectual Disability Services for Intellectual Disability under (115CMR 2.0) on the basis of IQ testing score alone, but shall take into consideration all Neuropsychological evaluations of the individual."

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An Act to establish a DNA exception rule for victims of rape

H1760

HD178

{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T14:25:06.55'}

[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T14:25:06.55'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:28:18.67'}, {'Id': None, 'Name': 'Thomas M. Quinn III', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-10T14:25:06.5666667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-06T11:13:51.4466667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-10-17T11:20:15.1733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T14:58:07.76'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:33:00.91'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T18:24:50.1166667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:56:22.7633333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-26T15:32:53.3633333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-09T15:13:50.16'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:57:39.32'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-24T18:57:51.0866667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-25T09:59:16.94'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:40:39.4'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T21:26:05.4433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T17:03:40.4333333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-24T13:14:33.82'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T10:19:19.6266667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-18T18:19:51.9566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-09-14T12:50:55.8566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:00:59.5966667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-25T12:35:58.32'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-28T14:59:26.4566667'}]

{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:25:06.55'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1760/DocumentHistoryActions

Bill

By Representatives Scanlon of North Attleborough and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1760) of Adam Scanlon, Hannah Kane and others relative to the statute of limitations for the crime of rape and establishing a DNA exception rule. The Judiciary.

Not withstanding the first paragraph, in the case of a victim of a crime set forth in section 22 of chapter 265, if DNA is matched to a rape then the period of limitation for prosecution shall be extended indefinitely beyond the 15 year statute of limitations.

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An Act relative to the protection of persons with disabilities

H1761

HD318

{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T21:52:33.31'}

[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T21:52:33.31'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:29:02.8366667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T14:56:18.82'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1761/DocumentHistoryActions

Bill

By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 1761) of Adam Scanlon, Bud L. Williams and Vanna Howard relative to the penalty for sexual assaults upon persons with disabilities. The Judiciary.

Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 22C, the following new section: Section 22D. Whoever has sexual intercourse or unnatural sexual intercourse with a person with disability, as defined in section 13K, and compels such a person with disability to submit by force and against his or her will or compels such a person with disability to submit by threat of bodily injury, shall be punished by imprisonment in the state prison for life or for any terms of years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

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An Act relative to civil asset forfeiture transparency and data reporting

H1762

HD3481

{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T13:01:06.813'}

[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-20T13:01:06.8133333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-08-23T16:36:33.0966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T10:35:15.3733333'}]

{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-20T13:01:06.813'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1762/DocumentHistoryActions

Bill

By Representatives Sena of Acton and Boldyga of Southwick, a petition (accompanied by bill, House, No. 1762) of Danillo A. Sena, Nicholas A. Boldyga and Rebecca L. Rausch relative to civil asset forfeiture transparency and data reporting. The Judiciary.

SECTION 1: Section 24W of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsections:- (g) The attorney general, each district attorney and each police department shall file an annual report with the executive office for administration and finance, the senate and house committees on ways and means and the joint committee on the judiciary detailing all assets, money and proceeds from the sale of assets seized pursuant to this section. The report shall provide an itemized accounting for each seizure and forfeiture as required by section 47 of chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record. SECTION 2: Section 47 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding the following 2 subsections:- (m) The executive office of administration and finance shall establish and maintain a case tracking system and searchable public website that includes the following information about any property seized or forfeited under state law: (i) the name of the law enforcement agency that seized the property; (ii) the date of the seizure; (iii) the type and a description of the property seized, including the make, model and year of any motor vehicle; (iv) the zip code of location of the seizure; (v) the estimated value of the property seized; (vi) whether the property seized was transferred to federal government; (vii) the crime charged, if any, related to the property that was seized; (viii) the outcome of any charged crime under clause (vii); (ix) the criminal case number, if charged; (x) the forfeiture case number; (xi) the type of forfeiture proceeding; (xii) whether a property owner who files a claim or counterclaim, if applicable, was suspected of committing a crime, an owner who was not suspected of committing a crime, a lienholder or another party or whether there was no such filing by any party; (xiii) whether there was a default judgment, forfeiture settlement or consent agreement; (xiv) the date of the forfeiture order; (xv) whether the property was returned to the owner, partially returned to the owner, sold, destroyed or retained by a law enforcement agency or is pending disposition; and (xvi) the total value of property forfeited, including currency and proceeds from the sale of property, excluding the value of contraband. Nothing in this subsection shall allow for the publication of information in violation of any law or regulation relating to criminal offender record information or personally identifiable information, or any other applicable privacy law. If an agency has made no seizures or forfeitures during the previous year, a null report shall be filed by the agency specifying that it did not engage in seizures or forfeitures during the reporting period. The executive office may adopt rules necessary to implement this subsection. (n) Annually, not later than January 31, the committee on public counsel services, in collaboration with the trial court of the commonwealth, shall submit an annual report to the senate and house committees on ways and means and the joint committee on the judiciary on the provision of public counsel representation under this section, including, but not limited to, the: (i) total number of cases involving public counsel representation under this section; (ii) number of such cases where the property owner is a criminal defendant represented by public counsel in a related criminal trial; and (iii) number of such cases where the property owner is not a criminal defendant.”. SECTION 3. Section 56 of chapter 265 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by adding the following subsections:- (k) The attorney general, each district attorney and each police department shall file an annual report with the executive office for administration and finance, the senate and house committees on ways and means and the joint committee on the judiciary detailing all assets, money and proceeds from the sale of assets seized pursuant to this section. The report shall provide an itemized accounting for each seizure and forfeiture as required by section 47 of chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.

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An Act maintaining parity in legal services for small property owners

H1763

HD1198

{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:30:27.977'}

[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T11:30:27.9766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1763/DocumentHistoryActions

Bill

By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1763) of Alan Silvia for legislation to provide legal services to small business property owners. The Judiciary.

SECTION 1. Chapter 221A of the General Laws is hereby amended by striking out section 1, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:- Section 1. As used in this chapter, the following words and terms shall have the following meanings:— “Board”, the board of directors of the Massachusetts Legal Assistance Corporation. “Corporation”, the Massachusetts Legal Assistance Corporation. “Eligible client”, any indigent person or qualified small business land owner (“QSBLO”) who is a resident of the commonwealth. “Fee generating case”, any matter which, if undertaken on behalf of an eligible client by an attorney in private practice, may reasonably be expected to result in payment of the fee of such attorney from an award to the client or by the opposing party. “Fiscal year”, the twelve-month period beginning on July first and ending on June thirtieth. “Fund”, the Legal Assistance Fund. “Indigent person”, a person who receives public assistance under the Massachusetts Aid to Families with Dependent Children, general relief or veterans’ benefits programs or receives assistance under Title XVI of the Social Security Act, or the Medicaid Program, 42 USC 1396 to 1396(n), inclusive, or a person whose income, after taxes, is one hundred and twenty-five per cent or less of the current poverty threshold annually established by the United States Office of Management and Budget, or a person who is otherwise considered indigent due to hardship circumstances under standards established by the board. “Local program”, a qualified legal services program serving clients in an area limited to certain counties, cities, or towns of the commonwealth. “Qualified legal services program”, a nonprofit program which provides legal services in civil cases without charge to indigent persons and has a board of directors composed of both attorneys and consumers of legal services. Legal services programs which have been or are funded in whole or in part by the Legal Services Corporation established pursuant to 42 USC 2996 to 2996(l), inclusive, shall be presumed to be qualified legal services programs. “Qualified small business land owner” (“QSBLO”), a landowner owning, personally or through a business entity, three or fewer properties whose annual income falls below guidelines set by the Board or who property(ies) fall with the Loan to Value guideline ratios established by the Board. “Recipient”, a qualified legal services program receiving financial assistance under this chapter. “Statewide program”, a qualified legal services program serving eligible clients, or providing support services to local programs throughout the commonwealth. SECTION 2. Chapter 221A of the General Laws is hereby amended by striking out section 9, as appearing in the 201008 Official Edition, and inserting in place thereof the following section:- Section 9. The corporation shall, subject to appropriation or to the amount of monies available from the fund, or from funds made available from any other public or private source, provide financial assistance to both local and statewide programs. In each fiscal year at least 80eighty per cent of such financial assistance shall be distributed to local programs on a basis proportionate to the number of eligible clients within the service areas of such local programs. Up to 20twenty per cent of such assistance may be distributed to statewide programs. Eligible client calculations shall also consider parity amongst participants in landlord tenant disputes to determine if the landlord of an eligible client tenant is also an eligible client as a qualified small business land owner” (“QSBLO”). If a tenant pursuing legal action against his or her landlord or a tenant involved in a sSummary pProcess aAction described in chapter 239 is deemed eligible, before they may receive service the tenant’s landlord shall be notified and evaluated for need. If the landlord is deemed eligible as a QSBLO then no legal service may be provided to the eligible client tenant unless legal services are also provided to the eligible landlord. In the distribution of such assistance the corporation shall insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment, and that recipients, consistent with goals established by the corporation, shall adopt procedures for determining and implementing priorities for the provision of such assistance, taking into account the relative needs of eligible clients for such assistance, including such outreach, training, and support services as may be necessary, including, particularly, the needs for service on the part of significant segments of the population of eligible clients with special difficulties of access to legal services or special legal problems, including elderly and handicapped individuals, and appropriate training and support services; and, in order to provide such assistance to such significant segments of the population of eligible clients; that attorneys employed full time in legal assistance activities supported in major part by the corporation refrain from any compensated outside practice of law, and any uncompensated outside practice of law except as authorized in guidelines promulgated by the corporation; and that no financial assistance distributed pursuant to this chapter shall be used to provide legal assistance with respect to any fee generating case, or to provide legal assistance with respect to any criminal proceeding or civil action arising out of or brought for the purpose of challenging the validity of a criminal conviction, or to provide services to persons who are not eligible clients; and that a substantial amount of financial assistance distributed pursuant to this chapter shall be provided, under standards established by the board, for compensation for legal services to indigent persons which are provided by attorneys who engage in the private practice of law. SECTION 3. The board of directors of the Massachusetts Legal Assistance Corporation shall establish guidelines for determining qualified small business land owners through income or through the loan to value ratio of the property or properties(ies).

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An Act relative to body worn cameras

H1764

HD1268

{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T12:22:19.43'}

[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-18T12:22:19.43'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:34:36.0266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1764/DocumentHistoryActions

Bill

By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 1764) of Alan Silvia and Paul A. Schmid, III relative to allowing police officers to access or view recordings of incidents before making statements. The Judiciary.

SECTION 1. Section 104(e) of Chapter 253 of the Acts of 2020 is hereby amended by striking the following language “(vi) a requirement preventing an officer from accessing or viewing any recording of an incident involving the officer before the officer is required to make a statement about the incident;” and inserting in place thereof the following:- “(vi) a requirement allowing an officer to access or view any recording of an incident involving the officer before the officer is required to make a statement about the incident;” SECTION 2. This act shall take effect upon its passage.

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An Act relative to court filing fees

H1765

HD1854

{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-17T12:14:37.517'}

[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-17T12:14:37.5166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1765/DocumentHistoryActions

Bill

By Representative Smola of Warren, a petition (accompanied by bill, House, No. 1765) of Todd M. Smola relative to court filing fees. The Judiciary.

SECTION 1. Subsection (A) of section 3 of chapter 90C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subdivision (4) and inserting in place thereof the following subdivision:- (4) A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation to the registrar at the address indicated on the citation within 20 days of the citation. A violator who does not, within 20 days of the date of the citation, request a noncriminal hearing shall not thereafter be given such a hearing, unless the registrar shall determine that the failure to make such a request timely was for good cause that was not within the control of the violator. The registrar’s determination of such issue shall be final. The registrar shall notify the clerk-magistrate of the district court for the judicial district in which the infraction occurred of such request for a noncriminal hearing, in such manner as the chief justice of the district court department and the registrar shall jointly determine. Unless a hearing date and time has already been assigned pursuant to procedures jointly established by the chief justice of the district court department and the registrar, the clerk-magistrate shall notify the police agency concerned and the violator of the date and time of the hearing before a magistrate of the court. If the hearing is conducted by a magistrate other than a justice, either the violator or the police agency concerned may appeal the decision of the magistrate to a justice, who shall hear the case de novo. There shall be no right of jury trial for civil motor vehicle infractions. In any such hearing before a magistrate or justice, the citation shall be admissible and shall be prima facie evidence of the facts stated therein. Compulsory process for witnesses may be had by either party in the same manner as in criminal cases. On a showing of need in advance of such hearing, the magistrate or justice may direct that the violator be permitted to inspect specific written documents or materials in the possession of the police officer or agency concerned that are essential to the violator’s defense. At the conclusion of the hearing, the magistrate or justice shall announce a finding of responsible or not responsible. The magistrate or justice shall enter a finding of responsible if it was shown by a preponderance of the credible evidence that the violator committed the infraction alleged; otherwise the magistrate or justice shall enter a finding of not responsible. No other disposition shall be permitted, and such matters shall not be continued without a finding, dismissed, or filed. If the violator is found responsible after a noncriminal hearing, the magistrate or justice shall require the violator to pay to the registrar an assessment which shall not exceed the scheduled assessment for that infraction. Such assessment shall be in accordance with any guidelines promulgated by the chief justice of that department of the trial court, which shall be binding on magistrates and justices, to the end that such assessments are made as uniformly as possible, and which may include provisions requiring a prescribed or a minimum assessment for specified civil motor vehicle infractions. The violator shall pay to the registrar the assessment imposed by the magistrate or justice within 20 days of the date the violator is personally notified or is mailed notice of the decision of the magistrate or justice, unless for good cause the magistrate or justice allows the violator a longer time to pay the imposed assessment. The violator’s obligation to pay such imposed assessment shall automatically be stayed during the pendency of any timely appeal to the appellate division or any subsequent appeal to an appellate court. The violator shall be required to pay such imposed assessment to the registrar within 20 days of the date the appellate division or the appellate court renders a decision that is adverse to the violator and that has not been further appealed.

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An Act regularizing sentencing for hate crimes

H1766

HD3694

{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T10:47:11.71'}

[{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T10:47:11.71'}, {'Id': None, 'Name': 'Marian Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:14:00.2666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1766/DocumentHistoryActions

Bill

By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1766) of Priscila S. Sousa and Marian Ryan relative to sentencing for hate crimes. The Judiciary.

SECTION 1: Section 37 of chapter 265 of the General Laws, as appearing in the 2021 official edition, is hereby amended by inserting after the words “or both” in line 7 the following: “A person convicted or receiving a continuance without a finding under the provisions of this section shall complete a diversity awareness program designed by the secretary of the executive office of public safety in consultation with the Massachusetts commission against discrimination and approved by the chief justice of the trial court, unless, upon good cause shown, the court issues specific written findings describing the reason that such program should not be ordered. If the court finds that the defendant was motivated by race, color, religion, national origin, sexual orientation, gender identity, or disability, the court shall order such program. A person so convicted or granted a continuance without a finding shall complete such program prior to release from incarceration or prior to completion of the terms of probation, whichever is applicable.” SECTION 2: Subsection (b) of section 39 of chapter 265 of the General Laws, as appearing in the 2021 official edition, is hereby amended by striking the second paragraph. Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is hereby further amended by inserting after the words “A person convicted” the following: “or receiving a continuance without a finding” Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is hereby further amended by inserting after the words “A person so convicted” the following: “or granted a continuance without a finding”

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An Act establishing penalties for the filing of false reports against police officers

H1767

HD733

{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:46:31.257'}

[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:46:31.2566667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T11:27:38.75'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1767/DocumentHistoryActions

Bill

By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 1767) of Thomas M. Stanley relative to establishing penalties for the filing of false reports against police officers. The Judiciary.

SECTION 1. Chapter 268 of the General Laws is hereby amended by inserting after section 32B the following new section:— Section 32C. Every person who files any allegation of misconduct against any police officer, knowing the report to be false, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than $1000 or by imprisonment in jail for not more than 2 ½ years, or by both such a fine and imprisonment in jail. For the purposes of this section, “police officer” shall mean an employee of a city, town, county, the Commonwealth or the Massachusetts Bay Transportation Authority authorized to make arrest.Any law enforcement agency accepting an allegation of misconduct against a police officer shall require the complainant to read and sign the following information advisory, all in bold-face type: YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER CONDUCT. THIS AGENCY MAY FIND THERE IS NOT ENOUGH EVIDENCE TO SUBSTANTIATE YOUR ALLEGATION AND WARRANT ACTION ON YOUR COMPLAINT: EVEN IF THIS IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY.PLEASE BE ADVISED THAT IT IS ILLEGAL TO MAKE A COMPLAINT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING IT IS FALSE, YOU MAY BE PROSECUTED ON A FELONY CHARGE. I HAVE READ AND UNDERSTOOD THE ABOVE STATEMENT. I FURTHER REALIZE THIS COMPLAINT IS SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY.

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An Act relative to the protection of vulnerable adults from sexual assault committed by mandated reporters, persons in a position of trust, and providers of transportation

H1768

HD2522

{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T13:27:34.463'}

[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-19T13:27:34.4633333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-31T13:54:52.68'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1768/DocumentHistoryActions

Bill

By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 1768) of Thomas M. Stanley and David F. DeCoste relative to the protection of vulnerable adults from sexual assault. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section 22D: (a) Whoever, being at the time (1) a mandated reporter as defined in section 21 of chapter 119, section 1 of chapter 19C, or section 15 of chapter 19A, or (2) a person with supervisory responsibility or disciplinary authority over such vulnerable adult by virtue of his or her legal, professional or occupational status, or (3) in the course of providing transportation, or immediately before or after, as an employee or contracted service provider, has sexual intercourse or unnatural sexual intercourse with, or commits indecent assault and battery upon, a vulnerable adult as defined herein, knowing such person to be a vulnerable adult, shall be punished. (b) Whoever commits sexual intercourse (natural or unnatural) with a vulnerable adult shall be punished by imprisonment in the state prison for not more than twenty years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for life, or for any term of years. Whoever commits an indecent assault and battery on a vulnerable adult shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in the house of correction for not more than two and one-half years; and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than twenty years. A prosecution commenced under either section of this paragraph shall not be placed on file nor continued without a finding. (c) Consent of the vulnerable adult to such sexual intercourse or indecent assault and battery shall not constitute a defense or excuse to this offense. (d) A vulnerable adult is a person fourteen years of age or older who at the time of the offense (1) is admitted to a mental health facility or to a community based or residential facility, or (2) is receiving community-based services through the Department of Developmental Services or the Department of Mental Health or the Massachusetts Rehabilitation Commission, or (3) is a resident of a long-term care facility. SECTION 2. Section 178C of Chapter 6 of the General Laws, as so appearing, is hereby amended by inserting into the definition of “Sex offense” after the words “aggravated rape under section 39 of chapter 277;” the following: “sexual assault of vulnerable adults under section 22D of chapter 265;”

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An Act relative to the use of administrative subpoenas to obtain telephone and internet records without judicial review

H1769

HD420

{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:48:59.617'}

[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:48:59.6166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1769/DocumentHistoryActions

Bill

By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 1769) of William M. Straus relative to the use of administrative subpoenas to obtain telephone and internet records without judicial review. The Judiciary.

SECTION 1. Section 17B of chapter 271 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following:- On or before the first of March each year, the attorney general and each district attorney shall produce a report which shall indicate the following information for the previous calendar year: a) the number of administrative subpoenas issued by the office, broken down by statutory offense being investigated; b) the names of the common carriers and service providers subpoenaed, including the number of subpoenas directed to each; c) the number of administrative subpoenas seeking transactional records spanning time periods less than 1 day, between 1 day and 1 week, between 1 week and 30 days, and greater than 30 days; d) the number of administrative subpoenas requesting the following categories of information: (i) information that directly or incidentally reveals the physical location of the subscriber; (ii) information that reveals, or can readily be used to reveal, the identity of parties other than the subscriber; (iii) information that reveals the frequency of communications between two or more persons; (iv) call detail logs or other records containing information about who the subscriber called, when, and the duration of the calls; or (v) banking, credit card, or other financial records. e) the number of criminal prosecutions, charged by complaint or indictment, initiated after records were obtained in response to an administrative subpoena; f) the number of criminal convictions secured after records obtained via administrative subpoena, or information derived from such records, were introduced in evidence; and g) the number of motions filed to quash administrative subpoenas, and the number of such motions that were successful. The reports from the attorney general and each district attorney shall be filed with the clerks of the Senate and the House of Representatives and with the executive office for administration and finance, which shall post them on the Commonwealth’s open data website to make them available as a public record. In the event of failure to comply with the provisions of this reporting provision, any person may compel compliance by means of an action of mandamus in superior court. If the court finds that such failure to comply represented a willful violation of this section, it may award the plaintiff the reasonable costs of litigation and attorney fees.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to regulate administrative subpoenas, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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An Act pertaining to the estimated rate of inflation for social service programs

H177

HD1589

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T14:40:13.937'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T14:40:13.9366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H177/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 177) of Colleen M. Garry relative to the estimated rate of inflation for social service programs. Children, Families and Persons with Disabilities.

Notwithstanding any general or special law or regulation to the contrary, no increase above 200% of the previous year's rate increase shall be allowed as an estimated rate of inflation for social service programs under General Laws, Chapter 7, section 22N.

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An Act prohibiting child sex dolls

H1770

HD1269

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T17:50:22.157'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-17T17:50:22.1566667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:39:25.3633333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:22:03.8133333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:49:43.99'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:57:14.1033333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:37:23.83'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:19:21.1333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1770/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1770) of Alyson M. Sullivan-Almeida and others relative to prohibiting child sex dolls. The Judiciary.

Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 108. (a) For the purposes of this section, the term “child sex doll” shall mean an anatomically correct doll, mannequin or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts. (b) Whoever knowingly uses, possesses, buys, sells, transports, delivers or distributes a child sex doll in the commonwealth shall be fined not more than $10,000 or imprisoned not more than 5 years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than 10 years, or both, for each such offense thereafter.

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An Act relative to parental visitation and custody for children of rape victims

H1771

HD1276

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:23:56.653'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:23:56.6533333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:40:57.49'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:27:04.09'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:40:07.38'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T12:25:36.7066667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:56:48.0233333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:05:31.6466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1771/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1771) of Alyson M. Sullivan-Almeida and others relative to parental visitation and custody for children of rape victims. The Judiciary.

Subsection (a) of section 3 of chapter 209C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- No court shall make an order providing visitation rights to a parent who was convicted of rape, under sections 22 to 23B, inclusive, of chapter 265 or sections 2, 3, 4 or 17 of chapter 272, and is seeking to obtain visitation with the child who was conceived during the commission of that rape, unless a visitation or custody action is filed or initiated by the child conceived of that rape who: (i) has then reached the age of 18 or (ii) is adjudicated as emancipated from the other parent of the child.

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An Act relative to possession of a dangerous weapon

H1772

HD1283

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:48:46.78'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:48:46.78'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:37:17.89'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:56:21.7633333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:06:13.4833333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:18:32.5333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1772/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1772) of Alyson M. Sullivan-Almeida and others relative to penalties for possession of dangerous weapons by persons in the custody of certain correctional facilities. The Judiciary.

Chapter 127 of the General Laws is hereby amended by inserting after section 38B the following section:- Section 38B ½. (a) For purposes of this section, the word “dangerous weapon” shall include any weapon or object, including an object that is custom or homemade, which is designed or intended to be used as a weapon. (b) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who possesses a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 ½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time the person commits the violation of this section.

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An Act to promote correctional personnel safety

H1773

HD1287

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:04:17.467'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:04:17.4666667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:38:15.8433333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:55:55.3466667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:05:43.0466667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:06:33.2233333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:19:51.13'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-28T15:05:35.1566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1773/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1773) of Alyson M. Sullivan-Almeida and others relative to penalties for persons confined to correctional facilities who commit assault or assault and battery by means of dangerous weapons upon officers, other employees, volunteers or employees of contractors. The Judiciary.

Section 38B of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- (d) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery by means of a dangerous weapon upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 20 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery. For purposes of this subsection, “dangerous weapon” shall include objects that are designed or intended to be used as a weapon, including those objects that are custom or homemade.

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An Act prohibiting name-changing for registered sex offenders

H1774

HD1296

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:16:48.043'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:16:48.0433333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:37:43.39'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:22:46.48'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:39:08.9533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:55:03.2466667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:36:53.9266667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:07:13.8333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1774/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1774) of Alyson M. Sullivan-Almeida and others relative to prohibiting registered sex offenders from changing names. The Judiciary.

SECTION 1. Section 178E of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:- (r) A sex offender required to register pursuant to sections 178C to 178P, inclusive, shall not hold him or herself out under any other name except the name by which such sex offender registered under this section. SECTION 2. Section 178H of said chapter 6, as so appearing, is hereby amended by inserting, in line 4, after the word “information” the following words:- ; or (v) fails to comply with subsection (r) of section 178E. SECTION 3. Section 1D of chapter 46 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- A party to a marriage who is a sex offender as defined in section 178C of chapter 6 may not adopt or use any other surname than that which such party is required to register pursuant to sections 178C to 178P, inclusive of said chapter 6. SECTION 4. Section 12 of chapter 210 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- No change of name shall be granted for a person listed as a sex offender on the sex offender registry under section 178D of chapter 6.

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An Act strengthening sexual harassment and discrimination policies in the Commonwealth

H1775

HD1300

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:21:31.223'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:21:31.2233333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:46:36.9166667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T13:12:21.98'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:54:38.0866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:19:45.3933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1775/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1775) of Alyson M. Sullivan-Almeida and others relative to sexual harassment and discrimination policies in the Commonwealth. The Judiciary.

SECTION 1. Section 4 of chapter 151B of the General Laws is hereby amended by striking out subsection 16A and inserting in place thereof the following:- 16A. For an employer, personally or through its agents, to sexually harass any employee; or to retaliate, personally or through its agents, against any employee for filing a complaint of sexual harassment or discrimination based on sex, gender identity or sexual orientation or for cooperating in an investigation of a complaint of sexual harassment or discrimination based on sex, gender identity or sexual orientation, including, but not limited to, by termination, suspension, demotion or reduction in the compensation or benefits of the employee; or to require, as a condition of employment, continuing employment, promotion, compensation or the receipt of benefits, entering into an agreement that contains a nondisclosure or confidentiality provision (except as may be necessary to protect business intellectual property and trade secrets), a non-disparagement provision, a restriction on reporting sexual harassment or discrimination based on sex, gender identity or sexual orientation or participating in the investigation of a report of sexual harassment or discrimination based on sex, gender identity or sexual orientation, or a waiver of any rights or remedies available under law with respect to claims filed or that may be filed in a civil action or complaints filed or that may be filed in an administrative action for sexual harassment or discrimination based on sex, gender identity or sexual orientation.

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An Act relative to protecting domestic violence victims

H1776

HD1320

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:28:49.947'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:28:49.9466667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:40:09.92'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:25:52.1133333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T13:10:05.4766667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:54:09.66'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:07:54.0066667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:22:46.2533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1776/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1776) of Alyson M. Sullivan-Almeida and others relative to protecting domestic violence victims. The Judiciary.

SECTION 1. Section 18C of Chapter 265 of the Massachusetts General Laws is hereby amended by deleting the section in its entirety and replacing it with the following:- (a) Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another and discovers that one or more persons are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred. (b) Whoever knowingly, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise illegally enters into the dwelling place of another where one or more minors are present shall have an immediate duty to retreat. Any person or persons who have illegally entered under this section and have failed to retreat shall forfeit any rights to civil or criminal action against the legal occupants for any injuries incurred. Further, any person who is found guilty of illegally entering under this section where one or more minors are present shall be punished by imprisonment in the state prison for any term not less five years. (c) Whoever, in the day time or night time, breaks and enters a building, ship, vessel or vehicle or otherwise enters into the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

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An Act relative to indecent assault and battery

H1777

HD1354

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:35:21.91'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:35:21.91'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:35:59.03'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:53:43.89'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:08:34.04'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:23:18.39'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1777/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1777) of Alyson M. Sullivan-Almeida and others relative to indecent assault and battery. 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 first paragraph the following 2 paragraphs:- For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces. Indecent assault and battery on a child under the age of 14 shall include assault on said child by a bodily substance. SECTION 2. Section 13B ½ of said chapter 265, as so appearing, is hereby amended by inserting after the first paragraph the following 2 paragraphs:- For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces. Said indecent assault and battery shall include assault on said child by a bodily substance. SECTION 3. Section 13B ¾ of said chapter 265, as so appearing, is hereby amended by inserting after the first paragraph the following 2 paragraphs:- For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces. Indecent assault and battery on a child under the age of 14 shall include assault on said child by a bodily substance. SECTION 4. Section 13F of said chapter 265, as so appearing, is hereby amended by adding the following 2 paragraphs:- For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces. Indecent assault and battery on a person with an intellectual disability shall include assault on said person by a bodily substance. SECTION 5. Section 13H of said chapter 265, as so appearing, is hereby amended by adding the following 2 paragraphs:- For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces. Indecent assault and battery on a person 14 or older, or an elder or a person with a disability shall include assault said person by a bodily substance.

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An Act concerning nondisclosure agreements relative to sexual harassment and discrimination

H1778

HD1377

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:43:10.333'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:43:10.3333333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:42:58.0266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:45:15.4533333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T13:51:07.0233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:52:32.3266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1778/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1778) of Alyson M. Sullivan-Almeida and others relative to nondisclosure agreements relative to sexual harassment and discrimination. The Judiciary.

SECTION 1. Chapter 151B of the General Laws is hereby amended by inserting after section 10 the following new section:- Section 11. Nondisclosure agreements relative to sexual harassment and discrimination Section 11. (a) Notwithstanding any general or special law to the contrary, a settlement agreement or a provision within a settlement agreement that prevents the disclosure of information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited: (1) A sex offense, as defined in section 178C of chapter 6, between the employer and an employee or between employees occurring in the workplace or at work-related events off the employment premises coordinated by or through the employer, or between the employer and an employee off the employment premises. (2) An act of sexual harassment, as defined in subsection 18 of section 1 of this chapter, between the employer and an employee or between employees occurring in the workplace or at work-related events off the employment premises coordinated by or through the employer, or between the employer and an employee off the employment premises. (3) An act of discrimination based on sex, gender identity or sexual orientation, as described in section 4 of this chapter, between the employer and an employee or between employees occurring in the workplace or at work-related events off the employment premises coordinated by or through the employer, or between the employer and an employee off the employment premises. (4) An act of retaliation against a person for reporting any incident described in paragraphs (1) through (3), inclusive, or against a person for cooperating in the investigation of the report of any incident described in paragraphs (1) through (3), inclusive. (b) Notwithstanding any general or special law to the contrary, in a civil matter described in subsection (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subsection (a). (c) Notwithstanding subsections (a) and (b), a provision that shields the identity of the claimant/victim and all facts that could lead to the discovery of the claimant’s/victim’s identity, including pleadings filed in court, may be included within a settlement agreement at the written, informed request of the claimant/victim. This subsection shall not be construed to limit the right of the claimant/victim to disclose this information. (d) Except as authorized by subsection (c), a provision within a settlement agreement that prevents the disclosure of factual information related to a claim described in subsection (a) that is entered into on or after the effective date of this Act is void as a matter of law and against public policy. (e) With respect to agreements entered into before the effective date of this Act, disclosure by a claimant/victim of any information subject to a nondisclosure agreement that would be void as a matter of law and against public policy pursuant to this Act may not be used to invalidate the claimant’s/victim’s right to consideration under the agreement or to require the return of consideration that has already been provided to the claimant/victim. (f) In determining the factual foundation of a cause of action for civil damages under subsection (a), a court may consider the pleadings and other papers in the record, or any other findings of the court. (g) A claimant/victim shall be entitled to a trial by jury on any issue of fact in an action for damages. A prevailing claimant/victim shall be awarded reasonable attorney’s fees and costs. A person who enforces or attempts to enforce a provision that would be void as a matter of law and against public policy pursuant to this Act shall be liable for the claimant’s/victim’s reasonable attorney’s fees and costs. (h) Notwithstanding any general or special law to the contrary, no public funds shall be expended for the purposes of settling a claim described in subsection (a) against a public employee. (i) An attorney’s failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to an action described in subsection (a) that is not otherwise authorized by subsection (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the Massachusetts Board of Bar Overseers shall investigate and take appropriate action in any such case brought to its attention. (j) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. SECTION 2. This Act shall take effect immediately upon enactment.

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An Act establishing a permanent commission to study the service standards for sexual assault and domestic violence service providers

H1779

HD1379

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:48:51.707'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T11:48:51.7066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:23:31.46'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:36:30.7133333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:51:57.3866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:09:15.3066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1779/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1779) of Alyson M. Sullivan-Almeida and others for legislation to establish a permanent commission (including members of the General Court) to study the service standards for sexual assault and domestic violence service providers. The Judiciary.

Chapter 3 of the General Laws is hereby amended by adding the following section:- Section 76. (a) There shall be a permanent commission on sexual assault and domestic violence service providers, which shall consist of 19 members as follows: 1 of whom shall be the secretary of health and human services or their designee, who shall serve as chair; 1 of whom shall be the director of the department of public health division of sexual and domestic violence prevention and services; 2 of whom shall be members of the house of representatives, to be appointed by the speaker of the house; 1 of whom shall be a member of the house of representatives, to be appointed by the minority leader; 2 of whom shall be members of the senate, to be appointed by the president of the senate; 1 of whom shall be a member of the senate, to be appointed by the minority leader; 1 of whom shall be the executive director of the governor’s council to address sexual assault and domestic violence; 1 of whom shall be the attorney general or their designee; 1 of whom shall be the executive director of the Massachusetts office for victim assistance; 1 of whom shall be the executive director of Jane Doe Inc.: the Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 of whom shall be the executive director of the Victim Rights Law Center, Inc.; 1 of whom shall be the executive director of the New Bedford Women’s Center, Inc.; 1 of whom shall be the executive director of the Boston Area Rape Crisis Center, Inc.; 1 of whom shall be the executive director of Pathways for Change, Inc.; 1 of whom shall be an advocate specialized in working with survivors with disabilities, to be appointed by the governor; 1 of whom shall be an advocate specialized in working with children who experienced trauma, to be appointed by the governor; 3 of whom shall be survivors of sexual assault or domestic violence, to be appointed by the governor. Members of the commission shall be citizens of the commonwealth who have demonstrated commitment to supporting survivors of sexual assault and domestic violence. Biennially, every legislative session, the general court shall review the membership of the commission to ensure its makeup is tailored to its purpose and improved when necessary. (b) Appointed members shall serve terms of 2 years and until their successors are appointed, or the member is reappointed by their appointing or nominating authority. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. (c) The members of the commission shall receive no compensation for their services, but shall be reimbursed by the general court for any usual and customary expenses incurred in the performance of their duties. (d) The commission shall be a resource to the commonwealth on issues affecting survivors of sexual assault and domestic violence. It shall be a primary responsibility of the commission to study the practices and service standards currently in place for sexual assault and domestic violence service providers, including any organization, board or program that provides specialized programs, support, residential programs or intervention services for victims of sexual assault or domestic violence. The commission shall meet to put forth recommendations for uniform minimum service standards for sexual assault and domestic violence programs throughout the commonwealth. The commission shall perform an ongoing review of its recommendations and their results to ensure its recommendations are narrowly tailored and improved when necessary. (e) The powers of the commission shall include, but not be limited to, the following: (1) to use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and required, including provision of meeting places and refreshments; (2) to hold regular, public meetings and to hold fact-finding hearings and other public events as the commission deems necessary; (3) to establish and maintain such offices as the commission deems necessary, subject to appropriation; (4) to acquire and direct a staff to perform its duties, subject to appropriation; (5) to enact by-laws for its own governance but not inconsistent with any general or special law; and (6) to recommend policies and make recommendations to agencies and officers of the commonwealth and local subdivisions of government to effectuate the purposes of this commission. (f) (1) The commission may request information and assistance from state agencies as the commission requires. (2) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law. (g) (1) The commission shall report their recommendations relative to uniform minimum service standards for sexual assault and domestic violence service programs to the executive office of health and human services no later than 180 days following the passage of this act. (2) Biennially, not later than June 30, the commission shall reassess and report on the uniform service standards for sexual assault on domestic violence service programs and any policy recommendations to the governor, secretary of health and human services and the clerks of the house of representatives and the senate.

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An Act relative to the family medical history of adopted children

H178

HD561

{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:43:54.563'}

[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:43:54.5633333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-02T12:06:07.76'}]

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-02T12:06:07.76'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H178/DocumentHistoryActions

Bill

By Representatives Giannino of Revere and Garballey of Arlington, a petition (accompanied by bill, House, No. 178) of Jessica Ann Giannino and Sean Garballey relative to enacting Patricia and Francesca's Law relative to the family medical history of adopted children. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 210 of the General Laws is hereby amended by inserting after section 2 the following section:- Section 2½. (a) For the purposes of this section “placement agency” shall mean a department, agency or institution of the commonwealth, or any political subdivision thereof, or any organization incorporated under chapter 180, 1 of whose principal purposes is providing custodial care and social services to children, which receives by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under the age of 18 years of age for placement in adoption. (b) Any placement agency that receives written consent for adoption required by section 2 from a biological parent shall provide the biological parent with an anonymous family medical history form and encourage the biological parent to complete the form to the best of their knowledge. The anonymous family medical history form shall include, but not be limited to: (i) any known genetic predispositions and health conditions of the parent and (ii) any known genetic predispositions and health conditions of the parent’s relatives within 2 degrees of consanguinity. No placement agency shall require the completion of the form as a condition of acceptance of written consent for adoption required by the section 2.(c) Upon the adoption of any child whose biological parent completed an anonymous family medical history form, the placement agency shall provide the form to the child’s adoptive parent. Any information about the biological parents included in the anonymous family medical history form shall not identify or tend to lead to the identification of the biological parents or their present or former locations. No prospective adoptive parent shall have access to the anonymous medical history form completed by a child’s biological parent prior to the child’s adoption. SECTION 2. This act shall be known as “Patricia and Francesca's Law”.

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An Act establishing statewide standards for sexual assault and domestic violence service providers

H1780

HD1381

{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T12:04:20.89'}

[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T12:04:20.89'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:24:26.8433333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:51:31.89'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:36:08.5266667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:09:56.4833333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T07:45:56.95'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1780/DocumentHistoryActions

Bill

By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 1780) of Alyson M. Sullivan-Almeida and others for an investigation by a special commission (including members of the General Court) relative to statewide standards for sexual assault and domestic violence service providers. The Judiciary.

SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:- Section 76. (a) There shall be a permanent commission on sexual assault and domestic violence service providers, which shall consist of 19 members as follows: 1 of whom shall be the secretary of health and human services or their designee, who shall serve as chair; 1 of whom shall be the director of the department of public health division of sexual and domestic violence prevention and services; 2 of whom shall be members of the house of representatives, to be appointed by the speaker of the house; 1 of whom shall be a member of the house of representatives, to be appointed by the minority leader; 2 of whom shall be members of the senate, to be appointed by the president of the senate; 1 of whom shall be a member of the senate, to be appointed by the minority leader; 1 of whom shall be the executive director of the governor’s council to address sexual assault and domestic violence; 1 of whom shall be the attorney general or their designee; 1 of whom shall be the executive director of the Massachusetts office for victim assistance; 1 of whom shall be the executive director of Jane Doe Inc.: the Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 of whom shall be the executive director of the Victim Rights Law Center, Inc.; 1 of whom shall be the executive director of the New Bedford Women’s Center, Inc.; 1 of whom shall be the executive director of the Boston Area Rape Crisis Center, Inc.; 1 of whom shall be the executive director of Pathways for Change, Inc.; 1 of whom shall be an advocate specialized in working with survivors with disabilities, to be appointed by the governor; 1 of whom shall be an advocate specialized in working with children who experienced trauma, to be appointed by the governor; 3 of whom shall be survivors of sexual assault or domestic violence, to be appointed by the governor. Members of the commission shall be citizens of the commonwealth who have demonstrated commitment to supporting survivors of sexual assault and domestic violence. Biennially, every legislative session, the general court shall review the membership of the commission to ensure its makeup is tailored to its purpose and improved when necessary. (b) Appointed members shall serve terms of 2 years and until their successors are appointed, or the member is reappointed by their appointing or nominating authority. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. (c) The members of the commission shall receive no compensation for their services, but shall be reimbursed by the general court for any usual and customary expenses incurred in the performance of their duties. (d) The commission shall be a resource to the commonwealth on issues affecting survivors of sexual assault and domestic violence. It shall be a primary responsibility of the commission to study the practices and service standards currently in place for sexual assault and domestic violence service providers, including any organization, board or program that provides specialized programs, support, residential programs or intervention services for victims of sexual assault or domestic violence. The commission shall meet to put forth recommendations for uniform minimum service standards for sexual assault and domestic violence programs throughout the commonwealth. The commission shall perform an ongoing review of its recommendations and their results to ensure its recommendations are narrowly tailored and improved when necessary. (e) The powers of the commission shall include, but not be limited to, the following: (1) to use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and required, including provision of meeting places and refreshments; (2) to hold regular, public meetings and to hold fact-finding hearings and other public events as the commission deems necessary; (3) to establish and maintain such offices as the commission deems necessary, subject to appropriation; (4) to acquire and direct a staff to perform its duties, subject to appropriation; (5) to enact by-laws for its own governance but not inconsistent with any general or special law; and (6) to recommend policies and make recommendations to agencies and officers of the commonwealth and local subdivisions of government to effectuate the purposes of this commission. (f) (1) The commission may request information and assistance from state agencies as the commission requires. (2) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law. (g) (1) The commission shall report their recommendations relative to uniform minimum service standards for sexual assault and domestic violence service programs to the executive office of health and human services no later than 180 days following the passage of this act. (2) Biennially, not later than June 30, the commission shall reassess and report on the uniform service standards for sexual assault on domestic violence service programs and any policy recommendations to the governor, secretary of health and human services and the clerks of the house of representatives and the senate. SECTION 2. Chapter 6A is hereby amended by inserting after section 18Z the following section:- Section 18AA. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Commission”, the permanent commission on sexual assault and domestic violence service providers established pursuant to section 76 of chapter 3. “Sexual assault and domestic violence service provider”, any organization, board or program that provides specialized programs, support, residential programs or interventions for victims of domestic violence or sexual assault. (b) The executive office of health and human services, in collaboration with the commission, shall promulgate uniform minimum service standards for sexual assault and domestic violence providers, which shall include, but not limited to: (i) initial and annual training requirements; (ii) minimum policies and procedures; and (iii) continuous quality improvements. (2) To be eligible to receive state funds, a sexual assault and domestic violence service provider shall adhere to the uniform minimum service standards; provided, however, that sexual assault and domestic violence service providers completing a program improvement plan or corrective action plan pursuant to paragraph 2 of subsection (c) shall be eligible to receive state funds. (c)(1) The executive office of health and human services shall annually file a report with the commission. The report shall include, but not be limited to: (i) a list of sexual assault and domestic violence service providers in compliance with the uniform service standards; and (ii) a list of sexual assault and domestic violence service providers that have violated the uniform service standards and what violation has occurred. (2) Sexual assault and domestic violence service providers shall complete a program improvement plan, developed by the commission, after the first violation of the uniform standards. Sexual assault and domestic violence service providers shall complete a corrective action plan, developed by the commission, after a second or subsequent violation of the uniform service standards. (3) The commission shall annually file a report with the executive office of health and human services regarding sexual assault and domestic violence service providers compliance with the uniform service standards. The report shall include: (i) the number of sexual assault and domestic violence service providers in compliance with the uniform service standards; (ii) the number of sexual assault and domestic violence service providers under a program improvement plan; and (iii) the number of sexual assault and domestic violence service providers enrolled in a corrective action plan. The executive office of health and human services shall publish the report on its website within 30 days of receipt. (d) A sexual assault and domestic violence service provider shall not qualify for state funds if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, disability, marital status, gender identity, sexual orientation, national origin or ancestry.

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An Act relative to drug induced homicide

H1781

HD3412

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-20T12:27:08.543'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-20T12:27:08.5433333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T17:03:48.84'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T12:19:47.0566667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-28T12:01:50.7533333'}]

{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T17:03:48.84'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1781/DocumentHistoryActions

Bill

By Representatives Turco of Winthrop and Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1781) of Jeffrey Rosario Turco, Steven George Xiarhos and others relative to drug induced homicide. The Judiciary.

SECTION 1. Any person while in the course of trafficking or unlawfully distributing a Class A controlled substance, as defined in Section 31 of Chapter 94C, who knowingly or intentionally manufactures, distributes, dispenses, delivers, or provides any amount of a Class A controlled substance or counterfeit substance which results in death shall be punished for a term up to life in prison. SECTION 2. Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud seeks medical assistance for someone experiencing a Class A controlled substance overdose as defined in Section 34A of Chapter 94C shall not be charged or prosecuted for a violation of Section 1. SECTION 3. (A) Notwithstanding any general or special law to the contrary, there is hereby established a permanent commission to oversee the effectiveness of drug induced homicide laws and review every drug induced homicide conviction in the Commonwealth of Massachusetts. The commission shall investigate and collect data to ensure there is no prejudice in charging or sentencing individuals who violate drug induced homicide laws, that prosecutors are providing treatment first options for individuals suffering from substance use disorder, and that sentencing is based on the judge’s discretion on a case-by-case basis and that there is no minimum mandatory sentence for drug induced homicide. (B) The commission shall consist of the secretary of public safety or a designee; the Chief Justice of the Trial court or a designee; the President of the Massachusetts District Attorney’s Association of a designee; the President of the Massachusetts Bar Association or a designee; the Colonel of the Massachusetts State Police or a designee; the President of the Massachusetts Police Chiefs Association of a designee; 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the senate president; 1 member of the house of representatives appointed by the minority leader of the house of representatives; 1 member of the senate appointed by the senate minority leader; 1 member appointed by the Attorney General; and 3 members appointed by the governor, 1 of whom shall be a whom shall be an individual with expertise in substance use and recovery, 1 of whom shall be an individual with expertise in racial justice, and 1 of whom shall be an individual with expertise in law enforcement. (C) The commission shall be established no less than 90 days after passage of this act. The Commission shall convene every 120 days and present a report and recommendations for charges to improve drug induced homicide law with the governor, attorney general, the clerks of the house and senate, the house and senate chairs of the joint committee on judiciary, and the Massachusetts District Attorney’s Association no later than 365 days following the passage of this act. (D) Annually, The Commission shall, not later than June 30, reassess and report on drug induced homicide laws and any policy recommendations to the governor, attorney general, the clerks of the house and senate, the joint committee on judiciary, and the Massachusetts District Attorney’s Association. (E) Appointed members shall serve terms of 2 years and until their successors are appointed, or the member is reappointed by their appointing or nominating authority. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.

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An Act relative to child-centered family law

H1782

HD1272

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:23:31.167'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:23:31.1666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1782/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1782) of Jeffrey Rosario Turco relative to child-centered family law. The Judiciary.

SECTION 1. Section 34H of chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 29, the word “visitation” and inserting in place thereof the following words:- parenting time, as defined in section 31 of chapter 208. SECTION 2. Chapter 208 of the General Laws is hereby amended by striking out section 31 and inserting in place thereof the following section:- Section 31. A. The general court finds that every child in the commonwealth has the right to a safe, healthy and meaningful relationship with both parents, subject to the court’s determination of each child’s best interest, and encourages shared parental responsibilities. Parenting plans should prioritize the unique needs and evolving maturity of each child consistent with the safety, best interest and well-being of the child. A parenting plan shall be incorporated into every order, judgment of divorce and modification judgment involving parental responsibility for minor children. B. For purposes of this chapter, the following terms shall, unless the context dictates otherwise, have the following meanings:- 1. “Decision-Making Responsibility”, a. Shared: Both parents shall have mutual responsibility and involvement in major decisions regarding the child’s welfare including matters of education, medical care, and emotional, moral and religious development, in accordance with the best interest of the child. b. Sole: A parent shall have the responsibility to make major decisions regarding the child’s welfare including matters of education, medical care, or emotional, moral and religious development, in accordance with the best interest of the child. 2. “Residential Responsibility”, a. Shared: A child shall have periods of residing with and being under the care and responsibility of each parent; provided, however, that such periods shall be shared by the parents in such a way as to assure a child frequent, continued and developmentally appropriate contact with both parents in accordance with the best interest of the child. Time with each parent may but shall not necessarily be equal. The parenting plan shall be known as shared residential responsibility only if the child’s period of residing with and being under the care and responsibility of each parent amounts to one-third or more of the parenting time; provided, however, that nothing in this paragraph establishes a presumption that a child shall spend a minimum of one-third of the time or more with each parent. b. Primary: A child shall reside with and be under the care and responsibility of one parent, and have reasonable parenting time with the other parent, unless the court determines that such time with the other parent would not be in the best interest of the child. 3. “Parental Responsibility”, this term shall encompass both decision-making and residential responsibility. 4. “Parenting Plan”, a written plan describing parental responsibility relative to each child. 5. “Parenting Time”, the time when the child is under the care and responsibility of one parent, regardless of whether or not that parent has shared or primary residential responsibility. C. Upon the filing of an action under this section, parents shall have shared decision-making responsibility of any minor child of their marriage until either the parties enter into a written agreement concerning parental responsibilities or a court orders otherwise. A parenting plan shall be included in any temporary order issued by the court involving parental responsibility for minor children. D. In determining parental responsibilities, both at the time of entry of orders and judgment, the court shall at all times be guided by the best interest of the child, and shall consider both section 31A, if applicable, and the following factors as evidence or information is presented thereon: 1. The relationship of the child with each parent, including the parent’s ability to understand the child’s needs and the ability of the parent to be available during his or her parenting time. 2. The reasonable wishes of the child, if the child is of sufficient age, capacity, temperament and understanding. When considering the child’s wishes, the court may also give due consideration to factors that have unduly influenced the child’s preference. 3. The ability for each parent to work together and communicate cooperatively with the other regarding the child’s schedule, routine and physical and emotional needs and; the ability of a parent to foster a positive relationship and frequent and continuing physical, written, electronic, telephonic and other contact between the child and the other parent. 4. The geographical location and availability of each parent, including the distance between them. 5. The willingness and ability of each parent to fulfill caregiving functions, as well as the history of caregiving functions provided by each parent. Caregiving functions are tasks that involve direct interaction with the child or arranging and supervising the interaction and care provided by others. 6. Any special needs of the child, including but not limited to the child’s developmental, emotional, educational, medical and social needs, and the ability of each parent to meet those needs. 7. Whether a parent has inflicted physical, emotional or psychological abuse on the other parent or child, including but not limited to, whether a parent has sexually assaulted or engaged in a pattern or serious incident of abuse against the other parent or a child. 8. Whether a continuing relationship with the other parent may endanger the health, safety or welfare of either the parent or the child. 9. Whether a parent’s abuse of drugs, alcohol or another substance interferes with that parent’s ability to properly care for the child or exposes the child to physical or emotional harm or the risk of physical or emotional harm. 10. Whether or not the child’s present or past living conditions adversely affect the child’s physical, mental, moral or emotional health. 11. Whether there has been a lack of a meaningful relationship between a parent and the child, and the reasons for any estrangement from the child. 12. The presence of siblings or other household members, and the parent’s and the child’s relationships with those siblings and other household members. 13. A parent’s incarceration. 14. A parent’s involving or attempting to involve the child in the parents’ dispute through manipulation or coercive behavior; a parent’s obstructing or impeding the other parent’s reasonable communication, cooperation, parenting time, or shared decision-making or attempting to do so without reasonable cause or; a parent’s interference with the other parent’s access to the child, absent a reasonable, good-faith belief as to protecting the child, parent or household member from physical or severe or persistent emotional harm by the other parent, and subject to judicial findings as to any such reasonable, good-faith belief. 15. A parent’s conviction for a child-related sexual offense. 16. Any other additional factors that the court deems relevant. E. 1. A parenting plan shall be incorporated into any order, separation agreement or judgment concerning a minor child. Further, a proposed parenting plan shall be filed simultaneously with any request that an order or judgment pursuant to this section be issued or at such other time as permitted by the court. 2. A parenting plan shall include the following as applicable: a. Decision-making responsibilities, which may detail provisions for consultation between and notice to parents; b. Residential responsibilities; c. Legal residence of a child for school enrollment; d. Parenting time schedule, which may detail the following: i. Weekday parenting time with the child; ii. Weekend parenting time with the child, including holidays and school in-service days preceding or following weekends; iii. Holidays, school vacations, birthdays and summer and such other vacation planning; iv. Child’s extracurricular and school activities; v. Transportation and exchange of the child; and vi. Process for periodic changes to the schedule; vii. Information sharing and access, including telephone and electronic access; viii. Notice and protocols as to travel with the child; ix. Relocation of a parent within the Commonwealth of Massachusetts; x. Safety of the child; xi. Safety of each parent; xii. Nondisclosure of a child's or parent’s address on any academic or health record if necessary to ensure his or her health, safety or welfare; xiii. Procedure for review of the plan; and xiv. Methods for resolving disputes. 3. A parenting plan may also include other provisions that further a child’s best interest, as well as provisions which address foreseeable changes in a child’s or parent’s circumstances. F. Upon a finding of contempt for noncompliance with a parenting plan, as additional remedies to those provided for in section 34A of chapter 215, the court may order any of the following: 1. Adjustment of the parenting plan as informed by any such failure of a parent to comply with the parenting plan; 2. Attendance at an appropriate parenting education course; 3. Award of counsel fees, costs and expenses; or 4. Reimbursement for any of the following incurred as a result of the other parent’s failure to comply with the parenting plan: a. reasonable child care and related expenses; b. reasonable travel and related expenses; or c. lost wages. G. The entry of an order or judgment relative to the minor children shall not negate or impede the ability of either parent to have access to the academic, medical, hospital, or other health records of the child, as either parent would have had if the order had not been entered; provided, however, that if a court has issued an order to vacate against a parent or an order prohibiting the parents from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the present or prior address of the child or party is necessary to ensure the health, safety, or welfare of such a child or party, the court may order that any part of such record pertaining to such address shall not be disclosed to such parent. SECTION 3. Section 31A of said chapter 208 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal custody or shared physical custody,” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility. SECTION 4. Said section 31A of said chapter 208 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 44, 53, 55, 56 and 59, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 5. Section 38 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 to 21, inclusive, the words “sole custody, shared legal custody, or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility. SECTION 6. Said section 38 of said chapter 209 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 44, 53, 55, 56, and 59 the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 7. Section 3 of chapter 209A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 24 to 25, inclusive, the words “sole custody, shared legal custody or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility. SECTION 8. Said section 3 of said chapter 209A of the General Laws, as so appearing, is hereby further amended by striking out, in lines 48, 57, 59, 60, 61 and 63 the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 9. Section 1 of chapter 209C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 9, the words “visitation rights” and inserting in place thereof the following words:- parenting time. SECTION 10. Section 2 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 25, the words “visitation rights” and inserting in place thereof the following words:- parenting time. SECTION 11. Section 4 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 12. Section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 2,47, 59, 63 and 64 the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 13. Section 7 of said chapter 209C as so appearing, is hereby amended by striking out, in line 4, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 14. Section 9 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 68, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 15. Section 10 of said chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in lines 60 to 61, inclusive, the words “sole custody, shared legal custody, or shared physical custody” and inserting in place thereof the following words:- sole decision making responsibility and sole residential responsibility, shared decision making responsibility or shared residential responsibility. SECTION 16. Said section 10 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 84, 89, 93, 95, 96 and 99 the word “visitation” and inserting in place thereof, in each instance, the following words:- parenting time. SECTION 17. Section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 15, 27, 61, 64, 70 and 72, the word “visitation” and inserting in place thereof, in each instance, the following words:- parenting time. SECTION 18. Section 15 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 14, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 19. Section 20 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 20. Section 23 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 3, the word “visitation” and inserting in place thereof the following words:- parenting time. SECTION 21. Section 40 of chapter 262 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 48 and 51 the word “visitation” and inserting in place thereof the following words:- parenting time.

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An Act relative to abortion pill reversal; informed consent

H1783

HD1383

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:18:35.203'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:18:35.2033333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-18T15:03:12.37'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:27:05.7266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1783/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1783) of Jeffrey Rosario Turco, Joseph D. McKenna and Kelly W. Pease relative to informed consent prior to the performance of certain chemical abortions. The Judiciary.

SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting after section 12L, as amended by section 12L of chapter 263 of the Acts of 2020, the following section:- Section 12L½. Abortion Pill Reversal; Informed Consent. (a) Definitions applicable to section 12½: “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill an unborn child; or intentionally terminate the pregnancy of a female known to be pregnant, with an intention other than after viability to produce a live birth and preserve the life and health of a child born alive; or to remove a dead unborn child. “Chemical abortion” means the use or prescription of an abortion-inducing drug, dispensed with the intent to cause the death of an unborn child. “Medical emergency” means a condition which, in reasonable medical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the female will engage in conduct which she intends to result in her death or in a substantial irreversible physical impairment of a major bodily function. “Stable internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered by anyone other than by the Massachusetts Department of Public Health. “Department” means the Massachusetts Department of Public Health. (b) Except in the case of a medical emergency, a chemical abortion involving the two-drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: (1) the pregnant female is informed, by telephone, virtual telehealth mechanism, print resource or in person, by the physician who is to prescribe the abortion drugs, by a referring physician or by an agent of either physician at least 24 hours before the abortion that: (i) it may be possible to safely prevent the intended effects of a chemical abortion, if the pregnant female changes her mind, but that time is of the essence and (ii) information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the Department’s website. (c) When the first drug involved in the two-drug process is dispensed in a chemical abortion utilizing mifepristone, the physician or an agent of the physician, including pharmacies and mail- order companies, shall provide written medical discharge instructions to the pregnant female which must include the following statement: “Recent developing research has indicated that mifepristone alone, also known as RU-486 or Mifeprex, is not always effective in ending a pregnancy. It may be possible to prevent the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a knowledgeable health-care provider regarding the abortion pill reversal process, or call the Abortion Pill Reversal Hotline at 877-558-0333, or visit: //www.abortionpillreversal.com/ as soon as possible.” (d) When a medical emergency compels the performance of an abortion, the physician shall inform the pregnant female, prior to the abortion, if possible, of the medical indications supporting the physician’s judgment that an abortion is necessary to avert her death or that a 24-hour delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (e)Within 90 days after enactment of this section, the Department shall cause to be published, in English and in each language which is the primary language of 2 per cent or more of the commonwealth’s population, and shall cause to be available on the commonwealth’s website provided for in subsection (f): materials designed to inform the pregnant female of the possibility of reversing the effects of a chemical abortion utilizing mifepristone, if she changes her mind; and information on and assistance with the resources that may be available to help reverse the effects of a chemical abortion. The materials shall be printed so as to ensure that the information provided is easily comprehensible. (f)The Department shall develop and maintain a stable internet website to provide the information described in subsection (c). No information regarding who uses the website shall be collected or maintained. The Department shall monitor the website on a daily basis to prevent and correct tampering. The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on this website shall be a minimum of 200x300 pixels. All letters on the website shall be a minimum 12 point font. All information and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins. (g)Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section, shall be guilty of a felony. No penalty may be assessed against the pregnant female upon whom the abortion is performed or induced or attempted to be performed or induced. No penalty or civil liability may be assessed for failure to comply with subsection (b) or (c) unless the Department has made the information available on the website at the time the physician or the physician’s agent is required to inform the pregnant female. (h)(1) Any person upon whom an abortion has been performed without this section having been complied with; the father of the unborn child, who was the subject of such an abortion; or if the female has not attained the age of 18 years at the time of the chemical abortion, or has died as a result of the chemical abortion, the grandparents of such unborn child; may maintain an action against any person who performed the abortion in knowing or reckless violation of this section, for actual and punitive damages. Any person upon whom an abortion has been attempted without this section having been complied with may maintain an action against the person who attempted to perform the abortion in knowing or reckless violation of this section for actual and punitive damages. No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff’s criminal conduct. (2) If judgment is rendered in favor of the plaintiff in an action described in paragraph (h)(1), the court shall also render judgment for reasonable attorney’s fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney’s fees in favor of the defendant against the plaintiff. (j)In every civil or criminal proceeding or action brought under this section, the court shall rule whether or not the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure, if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel that shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings, explaining why the anonymity of the female should be preserved from public disclosure; why the order is essential to that end; how the order is narrowly tailored to serve that interest; and why no reasonable, less restrictive alternative exists. In the absence of a written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under subsection (h) shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant. (k) If any one or more provision, section, subsection, sentence, clause, phrase, or word of this section or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality.

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An Act relative to protecting women’s health; preserving maternal and unborn child life

H1784

HD1390

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:20:55.303'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:20:55.3033333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-18T15:10:26.1866667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:26:40.93'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1784/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1784) of Jeffrey Rosario Turco, Joseph D. McKenna and Kelly W. Pease relative to preserving maternal life and the life of unborn children in the performance of abortions or instances of miscarriages. The Judiciary.

SECTION 1. Section 12N of Chapter 112 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out section 12N, as amended by section 12N of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:- Section 12N. Protecting women’s health Notwithstanding section 12L, for the purpose of preventing maternal death from abortion or miscarriage as pregnancy progresses, no physician may perform or induce, or attempt to perform or induce an abortion or cause a miscarriage on any female in a stage of pregnancy after the second trimester unless the following conditions are met: (a) the procedure is performed in a hospital and (b) the physician and two consulting physicians certify, and so enter in the hospital record of the female, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the female. SECTION 2. Section 12O of Chapter 112 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out section 12O, as amended by section 12O of chapter 263 of the Acts of 2020, and inserting in place thereof the following section:- Section 12O. Preserving maternal life and life of unborn child Notwithstanding section 12L, for the purpose of preserving maternal life and the life of an unborn child following abortion or miscarriage, if an abortion is performed or a miscarriage is caused pursuant to section 12N, the hospital where the procedure is performed shall provide life-saving measures and equipment, as defined by the department of public health, and the physician performing the abortion or causing the miscarriage shall employ the life-saving measures and equipment to preserve the life and health of the mother and to save the life of the unborn child, if the unborn child exhibits any clearly visible, audible, or otherwise discernable evidence of viability.

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An Act relative to Down syndrome

H1785

HD1393

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:22:17.103'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T13:22:17.1033333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-18T15:10:34.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1785/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1785) of Jeffrey Rosario Turco and Joseph D. McKenna relative to prohibiting abortions because of the diagnosis of Down syndrome in unborn children. The Judiciary.

The General Laws are hereby amended by inserting after chapter 112, the following chapter 112A: CHAPTER 112A. DOWN SYNDROME ACT. Section 1. This chapter shall be known and may be cited as the “Down Syndrome Act.” Section 2. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Abortion” means the purposeful termination of a human pregnancy by any person with an intention other than to produce a live birth or to remove a dead unborn child or embryo. “Down syndrome” means a chromosomal disorder associated with either an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one. “Unborn child” means the developing human child in utero from conception to birth. Section 3. (a) No person shall purposefully perform or induce or attempt to induce an abortion on a pregnant female, if the person has knowledge that the pregnant female is seeking the abortion, in whole or in part, because of any of the following: a test result indicating Down syndrome in an unborn child; a prenatal diagnosis of Down syndrome in an unborn child; or any other reason to believe that an unborn child has Down syndrome. (b) Any physician, physician assistant, certified nurse practitioner, certified nurse midwife or other individual whether or not licensed by the Board of Registration in Medicine, the Board of Registration in Nursing, the Board of Registration of Physician Assistants, or otherwise authorized by law to practice medicine within the Commonwealth of Massachusetts, who violates section 3(a), is guilty of performing or attempting to perform an abortion that was being sought because of Down syndrome, a crime punishable by imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than 2 years and 6 months or by a fine of not more than $15,000, or by both such fine and imprisonment. (c) The Board of Registration in Medicine, the Board of Registration in Nursing, and the Board of Registration of Physician Assistants shall revoke the medical license to practice medicine or nursing in this commonwealth of the physician, physician assistant, certified nurse practitioner, certified nurse midwife or other medically licensed individual who violates section 3(a). (d) Any physician, physician assistant, certified nurse practitioner, certified nurse midwife, or other individual who violates section 3(a) is liable in a civil action for compensatory and exemplary damages and reasonable attorney’s fees to any person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the performance or inducement or the attempted performance or inducement of the abortion. In any action under this section, the court may also award any injunctive or other equitable relief that the court considers appropriate. (e) A pregnant female on whom an abortion is performed or induced or attempted to be performed or induced in violation of section 3(a) is not guilty of violating section 3(a) or of attempting to commit, conspiring to commit, or complicity in committing a violation of section 3(a). (f) If any provision in this chapter is held to be invalid, or if the application of any provision in this chapter to any person or circumstance is held to be invalid, the invalidity of that provision does not affect any other provisions or the application of this chapter.

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An Act modernizing the Massachusetts wiretap law

H1786

HD2291

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:09:00.093'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:09:00.0933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1786/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1786) of Jeffrey Rosario Turco relative to the wiretap law. The Judiciary.

SECTION 1. Paragraph 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 third subparagraph and inserting in place thereof the following 2 subparagraphs:- The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as enumerated in clause (b) of subparagraph 7 of paragraph B of this section. Therefore, law enforcement officials may be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these specific enumerated crimes. The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals must be prohibited. The use of such devices by law enforcement officials must be conducted under strict judicial supervision and must be limited to the investigation of designated offenses as defined in subparagraph 7 of paragraph B of this section. Because the commonwealth has a substantial interest in the investigation and prosecution of designated offenses committed within its borders, this section shall authorize, under appropriate judicial supervision, the interception of electronic communications between parties located outside the commonwealth, so long as the designated offense under investigation is one over which the commonwealth has jurisdiction, and the listening post is within the commonwealth. SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the first subparagraph and inserting in place thereof the following subparagraph:- 1. The term “wire communication” means any transfer made in whole or in part through the use of facilities which allow for the transmission of communications by the aid of wire, cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical or other technological means in order to achieve a connection between the point of origin and the point of reception, regardless of whether or not such communication travels in part within a switching station or other facility. The term “wire communication” shall also include: any transfer of signs, signals, writing, images, photographs, videos, texts, sounds, data or intelligence of any nature transmitted in whole or in part by using a cellular telephone, smartphone, personal data assistant or similar device, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. SECTION 3. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the third, fourth and fifth subparagraphs and inserting in place thereof the following 3 subparagraphs:- 3. The term “intercepting device” means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal; and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to the subscriber or user by a communications common carrier in the ordinary course of business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business. No body-mounted camera with an audio recording feature shall be considered an intercepting device when such an instrument is worn openly by a uniformed investigative or law enforcement officer or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as an investigative or law enforcement officer. No vehicle-mounted camera with an audio recording feature shall be considered an intercepting device when it is mounted on a marked law enforcement vehicle, or when such an instrument is used to record a motor vehicle stop or other encounter involving a uniformed law enforcement officer, or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as a law enforcement officer. 4. The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception (a) for an investigative or law enforcement officer to obtain information in real time concerning the existence of a communication and the identity of the parties to a communication, but not the contents of the communication itself, where such action has been specifically authorized by the order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. § 3123; or (b) for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein. 5. The term ''contents'', when used with respect to any wire or oral communication, means any information concerning the contents, substance, purport, or meaning of that communication, including any spoken words, visual images or written material. SECTION 4. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the seventh subparagraph and inserting in place thereof the following subparagraph:- 7. The term ''designated offense'' shall include (a) the following offenses in connection with organized crime as defined in the preamble: ; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of sections 29A, 29B and 105 of chapter 272; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 and 24B of chapter 265; human trafficking in violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; intimidation of a witness or potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses. SECTION 5. Paragraph I of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:- 2. The date of issuance, the date of effect, and termination date which in no event shall exceed 40 days from the date of effect. The warrant shall permit interception of oral or wire communications for a period not to exceed 30 days. If physical installation of a device is necessary, the 40 day period shall begin upon the date of installation. If the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or oral or wire communication, the warrant shall so provide; and SECTION 6. Said paragraph I of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the sixth subparagraph and inserting in place thereof the following 3 subparagraphs:- 6. The identity of the agency authorized to intercept the communications, and of the person authorizing the application; and 7. A statement providing for service of the warrant pursuant to paragraph L except that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor must be included and an alternative direction for deferred service pursuant to paragraph L, subparagraph 2. 8. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days. SECTION 7. Paragraph J of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:- 2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding 30 days from the entry thereof. Such an order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with the provisions of paragraph N of this section. In no event shall a renewal be granted which shall terminate later than 2 years following the effective date of the warrant. SECTION 8. Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out paragraph K and inserting in place thereof the following paragraph:- K. Warrants: manner and time of execution 1. A warrant may be executed pursuant to its terms anywhere in the commonwealth, or any other place that facilitates a wire communication to which at least 1 party is within the commonwealth; or which otherwise involves a communication regarding a criminal offense for which criminal jurisdiction would exist in the commonwealth. 2. Such warrant may be executed by the authorized applicant personally or by any investigative or law enforcement officer of the commonwealth designated by him for the purpose, or by any designated individual operating under a contract with the Commonwealth or its subdivisions, acting under the supervision of an investigative or law enforcement officer authorized to execute the warrant. 3. The warrant may be executed according to its terms during the hours specified therein, and for the period therein authorized, or a part thereof. The authorization shall terminate upon the acquisition of the oral or wire communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception must cease at once, and any device installed for the purpose of the interception must be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device is deemed to be authorized by the warrant. 4. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. 5. Upon request of the applicant, the issuing judge may direct that a provider of wire or electronic communications service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant for reasonable expenses incurred in providing such facilities or assistance.

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An Act automatically sealing cannabis records and promoting uniform digital record keeping

H1787

HD3444

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T11:05:26.287'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T11:05:26.2866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T12:39:21.0066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-14T12:16:52.05'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:16:52.05'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-04T14:57:29.42'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:55:40.32'}]

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T12:21:35.573'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1787/DocumentHistoryActions

Bill

By Representatives Tyler of Boston and Montaño of Boston, a petition (accompanied by bill, House, No. 1787) of Chynah Tyler, Samantha Montaño and others relative to sealing cannabis records and promoting uniform digital record keeping. The Judiciary.

Chapter 276 of the General Laws is hereby amended by inserting after section 100K ¼ the following section:- SECTION 100K ½ (a) Massachusetts courts shall seal all records created as a result of a criminal court appearance, juvenile court appearance or disposition for: (1) the possession or cultivation of an amount of marijuana decriminalized by chapter 387 of the acts of 2008; (2) the possession or cultivation of an amount of marijuana decriminalized by chapter 334 of the acts of 2016; (3) the possession or cultivation of an amount of marijuana decriminalized by chapter 55 of the acts of 2017; (4) possession of marijuana with intent to distribute based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017; or (5) distribution of marijuana based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017. (b) Massachusetts courts shall leverage all available financial resources to create uniform and digitized record keeping processes that enable automatic sealing of records related to criminal court appearance, juvenile court appearance or disposition should criminal penalties associated with such appearances and hearings and dispositions be removed from state law.

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An Act relative to false reporting of an emergency

H1788

HD481

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:20:50.31'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:20:50.31'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-13T11:20:50.62'}]

{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-13T11:20:50.31'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1788/DocumentHistoryActions

Bill

By Representatives Tyler of Boston and Williams of Springfield, a petition (accompanied by bill, House, No. 1788) of Chynah Tyler and Bud L. Williams relative to false reporting of emergencies. The Judiciary.

Section 14B of Chapter 269 of the Massachusetts General Laws is hereby amended by 2 striking the section in its entirety and inserting in place thereof the following section:- Section 14B. Willful and malicious communication of false information to public safety 4 answering points; penalty; restitution As used in this section, the following words shall have the following meanings:-- “Emergency response services provider”, a police department, fire department, 7 emergency medical service provider, PSAP, public safety department, private safety department or other public safety agency. “PSAP”, a facility assigned the responsibility of receiving 911 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 911 calls to other public or private safety agencies or other PSAPs. “Silent call”, a call or other communication made to a PSAP in which the initiating party fails to provide information regarding his or her identity or location or the nature of the emergency. The initiating party shall not be considered to have provided any information that is automatically transmitted by a communication device or network upon connection with a PSAP including, but not be limited to, automatic location information and automatic number information. “Emergency”, a condition or situation in which an individual has a need for an emergency response services provider or immediate medical attention, or where the potential for such need is perceived by the individual, a bystander or an emergency medical services provider. “ Substantial bodily injury” bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb or organ, or substantial risk of death. (a) Any person who willfully and maliciously communicates with a PSAP, or an emergency response services provider, or causes a communication to be made to a PSAP, which communication transmits information which the person knows or has reason to know that it is a false report and which results in the dispatch of emergency services to a nonexistent emergency or to the wrong location of an actual emergency is guilty of a misdemeanor and upon conviction shall be punishable by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than two hundred ($200), or by both such fine and imprisonment.; (b) Any person who willfully and maliciously, makes or causes a second or sub-sequent false report(s) to be made or a second or subsequent silent call(s) to be made to any PSAP and thereby causes emergency services to be dispatched, shall be punishable by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $1,000. (c) Any person who willfully and maliciously communicates with a PSAP, or an emergency response services provider, or causes a communication to be made to a PSAP, or an emergency services provider, which communication transmits information which the person knows or has reason to know that it is a false report and which results in the dispatch of emergency services to a nonexistent emergency or to the wrong location of an actual emergency, who knows or should know, or recklessly disregards that the response to the report is likely to cause great bodily harm or death, and death or great bodily harm is sustained by any individual as a result of the false report, is guilty of a felony and upon conviction shall be punishable by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 ½ years, or by a fine of not more than five thousand ($5,000), or by both that fine and imprisonment. (d) Any person who willfully and maliciously communicates with a PSAP, or an emergency response services provider, or causes a communication to be made to a PSAP, or an emergency services provider, which communication transmits information which the person knows or has reason to know that it is a false report and which results in the dispatch of emergency services to a nonexistent emergency, where the report was 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, gender, gender identity or sexual orientation prejudice, or which otherwise deprives another person of their 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, is guilty of a misdemeanor and if convicted shall be punished by imprisonment up to 2 ½ years in a jail, or a fine up to five thousand ($5,000), or by both imprisonment and fine. A person convicted of this section shall also complete a diversity awareness program designed by the secretary of the executive office of public safety in consultation with the Massachusetts commission against discrimination and approved by the chief justice of the trial court. A person convicted shall complete such program prior to release from incarceration or prior to completion of the terms of probation, whichever is applicable. (e) Any person who willfully and maliciously communicates with a PSAP, or an emergency response services provider, or causes a communication to be made to a PSAP, or an emergency services provider, which communication transmits information, which the person knows, or has reason to know that it is a false report, and which results in the dispatch of emergency services to a nonexistent emergency, where the report was 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, gender, gender identity or sexual orientation prejudice, or which otherwise deprives another person of their 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, that is likely to cause great bodily harm or death is guilty of a felony and if convicted shall be punished by a fine of not more than ten thousand ($10,000) or by imprisonment for not more than ten years, or by both imprisonment and fine. A person convicted shall also complete a diversity awareness program designed by the secretary of the executive office of public safety in consultation with the Massachusetts commission against discrimination and approved by the chief justice of the trial court. A person convicted shall complete such program prior to release from incarceration or prior to completion of the terms of probation, whichever is applicable. (f) Upon any conviction under this section, the court shall conduct a hearing to ascertain the ex-tent of costs incurred, and damages and financial loss sustained by any emergency response services provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant's present and future ability to pay restitution in its de-terminations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents. (g) Any individual who was the target of a false report in violation of any of these sections, may bring a civil action against the person who violated this act or any other individual that knowingly benefits financially or receiving anything of value in result of the false emergency, and may recover damages or any other appropriate relief, which may include attorney’s fees. If a victim of a false emergency call suffers a financial loss, then a judge can and may order restitution.

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An Act relative to prison reform

H1789

HD474

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:05:22.043'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:05:22.0433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1789/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1789) of Chynah Tyler for legislation to a review of the impact and effectiveness of facility programming by the Department of Correction including a special commission (including members of the General Court) relative to the effects of health care in department facilities and a special commission (including members of the General Court) relative to the effects of confinement in the departmental disciplinary unit on the mental health and wellness of prisoners. The Judiciary.

SECTION 1. Study and review of the impact and effectiveness of DOC facility programming. SECTION 2. Section 48 of chapter 127 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:- The commissioner shall ensure that all county correctional facilities, state correctional facilities and state prisons maintain a partnership with a public institution of higher education, as identified in section 5 of chapter 15A, for the purposes of developing educational programming for prisoners and to allow prisoners with a high school diploma or its equivalent to obtain course credit toward an associate’s degree or bachelor’s degree from the public institution of higher education. SECTION 3. Said chapter 127 is hereby amended by adding the following section:- Section 170. Within six months of the enactment of this act, the department shall, in consultation with the department of public health, develop food standards to ensure the provision of healthy, safe, and palatable food options to people in custody of the department. The food standards developed under this section shall: (I) Include nutrition standards for foods purchased and served that ensure weekly menus meet or exceed the most recent Dietary Guidelines for Americans published by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services, considering both positive and negative contributions of nutrients, ingredients, and foods, including but not limited to calories or portion size, saturated fat, sodium, added sugars, and the presence of fruits, vegetables, and whole grains (II) Make recommendations for offering foods and beverages that reflect the traditions and preferences of the demographics of the population in custody (III) Require that potable, palatable drinking water be accessible to people in custody at mealtimes and as much as possible throughout the day (IV) Require that each individual be given at least 20 minutes of seated time to consume each meal, not counting time spent waiting to be served (V) Prohibit all food-related punishments (VI) Require that the same selection of food and beverages be available to department employees and people in custody. The food standards developed under this section shall be reviewed and updated by the department as necessary, but no less often than every five years. The food standards developed under this section shall be applied to all foods and beverages purchased, prepared, served, and sold by the department and sold or served in department facilities. All purchases made on behalf of the department shall be made in accordance with the food standards. All contracts made by the department with food service, catering, vending, or other food providers will require compliance with the food standards. All existing contracts that do not meet the standards must be revised or terminated at the next renewal stage of the contract. Within six months of the enactment of this act and at least annually thereafter, the department shall survey the population in custody to evaluate their satisfaction with the food service and identify modifications needed to improve the food quality and eating experience. SECTION 4. (a) There shall be a commission to review and make recommendations on the effects of health care in department of corrections facilities, including county correctional facilities, state correctional facilities and state prisons. (b) The commission shall consist of the following 15 members: the chairs of the joint committee on public health or their designees, who shall serve as co-chairs; the secretary of the executive office of public safety or their designee; the commissioner of correction or their designee; the commissioner of public health or their designee; 2 members to be appointed by the speaker of the house of representatives; 2 members to be appointed by the senate president; 2 members to be appointed by the chair of the Massachusetts Black and Latino Legislative Caucus; 2 members to be appointed by the governor, 1 of whom shall be a formerly incarcerated person; the executive director of Prisoners’ Legal Services of Massachusetts or their designee; and the president of the National Association for the Advancement of Colored People New England Area Conference or a designee. (c) The commission shall report and file its findings and recommendations, including any legislation, with the clerks of the house of representatives and senate and the joint committee on public safety and security not later than January 1, 2022. SECTION 5. (a) There shall be a commission to study and make recommendations relative to the effects of confinement in the departmental disciplinary unit, also known as the DDU, on the mental health and wellness of prisoners. (b) The commission shall consist of the following 15 members: the chairs of the joint committee on mental health, substance abuse and recovery or their designees, who shall serve as co-chairs; the secretary of the executive office of public safety or their designee; the commissioner of correction or their designee; the commissioner of public health or their designee; 2 members to be appointed by the speaker of the house of representatives; 2 members to be appointed by the senate president; 2 members to be appointed by the chair of the Massachusetts Black and Latino Legislative Caucus; 2 members to be appointed by the governor, 1 of whom shall be a formerly incarcerated person; the executive director of Prisoners’ Legal Services of Massachusetts or their designee; and the president of the National Association for the Advancement of Colored People New England Area Conference or a designee. (c) The commission shall report and file its findings and recommendations, including any legislation, with the clerks of the house of representatives and senate and the joint committee on public safety and security not later than January 1, 2022.

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An Act relative to large family child care homes

H179

HD272

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T09:54:17.03'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T09:54:17.03'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:31:14.63'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:54:25.2933333'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-08-08T13:52:12.29'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:49:11.9266667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T10:28:04.9533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-24T19:42:18.2966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T19:27:56.3933333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:51:24.9233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H179/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 179) of Kenneth I. Gordon and others relative to large family child care homes. Children, Families and Persons with Disabilities.

Section 1. Section 1A of Chapter 15D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 100, the figure "10", and inserting in place thereof the following:- "12"

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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J13', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J13'}, 'Votes': []}]

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An Act ensuring equitable access to cannabis related expungement

H1790

HD701

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:47:55.003'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:47:55.0033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:27:36.27'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-04T14:58:20.8966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1790/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1790) of Chynah Tyler and Lindsay N. Sabadosa relative to ensuring equitable access to cannabis related expungement. The Judiciary.

SECTION 1. Section 100K of chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (b) in its entirety and inserting in place thereof the following:- (b) Any decriminalized offense that is eligible for expungement as provided by this section, shall be expunged forthwith on request of the petitioner without the necessity of further action by the petitioner or a hearing. If the offense was for possession or cultivation of an amount of marijuana decriminalized under section 32L of chapter 94C, section 13 of chapter 94G, or any other law of the commonwealth, any offense for distribution or other offenses arising out of the same incident related to possession or cultivation of said marijuana shall be treated as a single offense for the purposes of this section and shall be expunged along with the decriminalized offense involving possession of marijuana. The court shall have the discretion to order an expungement for other grounds pursuant to this section based on what is in the best interests of justice. Prior to entering an order of expungement pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district attorney. Upon an order of expungement, the court shall enter written findings of fact. SECTION 2. Section 34 of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end thereof the following paragraph:- The commissioner of the department of correction, and the sheriffs of all county houses of correction shall forthwith review the sentencing mittimus’ of all prisoners in their custody to identify any prisoner held for: (i) a now decriminalized marijuana offense committed before the enactment of chapter 334 of the acts of 2016; or (ii) after the revocation of probation or parole regardless of the nature of the underlying offense, where the only ground for revocation was the prisoner’s possession or use of marijuana and said marijuana offense is no longer a criminal offense. Any prisoner so identified shall be reported to the committee for public counsel services, and the district attorney for the county of the sentencing court, along with a copy of the sentencing mittimus. Any prisoner being held only for sentence under a marijuana offense that is no longer a criminal offense, or held on a probation or parole surrender based only on drug testing or other probation or parole violation regarding the parolee or probationer’s possession or use of marijuana, which is no longer a crime, may apply to the sentencing court for an order of discharge and release. An initial hearing shall be held within ten days of court application, to determine whether any basis other than a marijuana law violation exists for the prisoner’s continued detention. If no other basis exists, the prisoner shall be released forthwith at the initial hearing; if other non-marijuana related cause for custody appears to exist, the prisoner may seek a continuance of the initial hearing to further investigate and present evidence regarding a claim that the only basis for the prisoner’s custody is a conviction or probation or parole surrender for the violation of an expunged or other marijuana offense or the prisoner’s use of marijuana while on probation or parole before such use was decriminalized. SECTION 3. This act shall take effect upon its passage.

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An Act protecting the safety of victims of violent crimes

H1791

HD709

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:00:09.817'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:00:09.8166667'}, {'Id': None, 'Name': 'Andrea Joy Campbell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:46:49.7533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1791/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1791) of Chynah Tyler and Andrea Joy Campbell relative to protecting the safety of victims of violent crimes. The Judiciary.

SECTION 1. Chapter 258C of the General Laws, as appearing in the 2018 Official Edition, is amended by adding the following new section:- Section 15. (a) Except as otherwise provided in this section, all records and information received, obtained or maintained by the division in connection with any claim for crime victim compensation shall be confidential and privileged, and shall not be disclosed by the division or by anyone who receives such records or information from the division. (b) Nothing in this section shall preclude disclosure of records or information: (1) for the processing of a claim by the division or responding to an action in court seeking review of a decision by the division, at the sole discretion of the attorney general or her designee; (2) consisting of information exchanged between the claimant or his or her authorized representative and the division, provided that the claimant or his or her authorized representative consents to such disclosure in writing; (3) in response to a request for information for legitimate criminal justice purposes, at the sole discretion of the attorney general or her designee; (4) to the extent required by rules of criminal procedure governing mandatory discovery, or the production or introduction into evidence of exculpatory or statutorily privileged records; or (5) upon a lawful order issued by a court of competent jurisdiction.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the safety of victims of violent crimes by ensuring records and information received, obtained or maintained by the division in connection with any claim for crime victim compensation shall be confidential and privileged, and shall not be disclosed by the division or by anyone who receives such records or information from the division, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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An Act relative to the composition of the Victim and Witness Assistance Board

H1792

HD714

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:08:21.6'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:08:21.6'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1792/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1792) of Chynah Tyler relative to the composition of the Victim and Witness Assistance Board. The Judiciary.

Section 4 of chapter 258B, as appearing in the 2016 Official Edition, is hereby amended by striking the first paragraph and inserting the following paragraph:- There is hereby established a victim and witness assistance board, to consist of seven members who shall serve without compensation. Notwithstanding any provision of section six of chapter two hundred and sixty-eight A to the contrary, the board shall consist of the attorney general or their designee who shall be chair, two district attorneys who shall be appointed by the governor, and four members of the public, of whom three shall be victims including at least one representing an underserved community. Members of the public shall be appointed by the governor, and victim members shall be appointed from a list of eligible nominations provided by the executive director. Members of the board shall be selected from diverse ethnic, racial, religious, age, sexual orientation, gender identity, socio-economic, and geographical backgrounds from throughout the commonwealth. All members shall serve for a term of three years and until their successor is duly appointed and qualified, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the board shall be eligible for reappointment. For the purposes of this section, “underserved community” shall include, but not limited to, a community disproportionately impacted by high rates of violence and crime and populations underserved due to racial and ethnic identity. For the purposes of this section, “members of the public” shall not include any current local, state, or federal elected official. Said Section 4 of chapter 258B, as so appearing, is hereby further amended by striking the word “four” in the second paragraph and inserting the following word:- six

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Resolve providing for an investigation and study by a special commission relative to gender-responsive programming for juvenile justice system involved girls

H1793

HD725

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:36:51.797'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:36:51.7966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1793/DocumentHistoryActions

Resolve

By Representative Tyler of Boston, a petition (accompanied by resolve, House, No. 1793) of Chynah Tyler for an investigation by a special commission (including members of the General Court) relative to gender responsive programming for juvenile justice system involved girls. The Judiciary.

Resolved, That a special commission be established to investigate and study methods of instituting gender-responsive programming for juvenile justice system involved girls and to improve the effectiveness of services therefor. The commission shall consist of 2 members of the senate, 1 of whom shall be appointed by the senate 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 a designee thereof; the commissioner of elementary and secondary education or a designee thereof; the commissioner of probation or a designee thereof; the commissioner of youth services or a designee thereof; the commissioner of children and families or a designee thereof; the commissioner of mental health or a designee thereof; the commissioner of public health or a designee thereof; the chief counsel for the committee for public counsel services or a designee thereof; the chief justice of the juvenile court department or a designee thereof; and 8 persons to be appointed by the governor who are current state vendors that provide direct services to high-risk girls and who, collectively, serve or reside in each major geographic area of the commonwealth or representatives thereof. The governor shall designate a chairperson or 2 co-chairpersons from the aforementioned members. The commission shall: (i) conduct a review of gender-responsive programming implementation successes and challenges in the commonwealth and in other states’ juvenile justice systems; (ii) conduct a review of the published reports, curricula and best practices for gender-specific programming by government, foundations and non-profit organizations; (iii) conduct a review of leading indicators that statistically result in girls becoming involved in juvenile justice systems; (iv) review relevant state training curricula; (v) review relevant state agencies’ methods of data collection and aggregation by gender and race; (vi) analyze and evaluate relevant state contracts with private or community-based vendors for the purpose of determining whether these vendors utilize a comprehensive approach when providing programming for girls involved in juvenile justice systems; (vii) analyze and report the rates of recidivism amongst juvenile justice system involved girls; (viii) analyze and report the rates of non-juvenile justice system executive agency service utilization by juvenile justice system involved girls; (ix) track and analyze educational attainment of juvenile justice system involved girls; (x) hold at least 3 regional meetings across the commonwealth to solicit the input of community members and agencies serving high-risk girls; and (xi) establish a mechanism for incorporating the opinions of juvenile justice system involved girls into the commission’s findings. The commission shall meet at least 6 times per year at the call of the chair or chairpersons or at the call of a majority of the commission’s members. The commission may seek assistance from other organizations or individuals on a pro bono basis. The commission shall file periodic reports that shall include recommendations relative to gender-responsive programming, both community-based and state-wide, for serving high-risk and juvenile justice system involved girls with the clerks of the senate and the house of representatives who shall forward the same to the joint committee on children, families and persons with disabilities. The initial report of the commission shall be filed on or before January 31, 2014 and biennially thereafter.

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An Act to designate the courthouse in the Roxbury section of the city of Boston as the Edward O. Gourdin Courthouse

H1794

HD730

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:42:08.273'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:42:08.2733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1794/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1794) of Chynah Tyler for legislation to designate the courthouse in the Roxbury section of the city of Boston as the Edward O. Gourdin courthouse. The Judiciary.

The courthouse located at 85 Warren Street in the city of Boston that houses the Roxbury division of the Boston municipal court department shall be designated and known as the Edward O. Gourdin Courthouse, in memory of the late honorable Edward Orval “Ned” Goudin for his many contributions to the judiciary, his community and the commonwealth. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with any applicable standards.

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An Act establishing a jail and prison construction moratorium

H1795

HD799

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T13:19:40.093'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T13:19:40.0933333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-14T12:14:31.7533333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-21T10:36:36.4233333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-21T10:36:36.4233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T10:36:36.4233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T10:36:36.4233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-04T15:00:00.6033333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-04-04T14:58:58.1266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-04-04T14:58:31.1766667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-04-04T14:58:04.9'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-04T14:57:45.0533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-04T14:57:38.8033333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:57:20.8366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-04T14:56:09.3833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1795/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1795) of Chynah Tyler and others relative to establishing a jail and prison construction moratorium. The Judiciary.

SECTION 1. Chapter 7C of the General Laws is hereby amended by inserting after section 72 the following section:- Section 73. (a) For the purposes of this section, the term “correctional facility” shall have the same meaning as provided in section 1 of chapter 125. (b) Notwithstanding any general or special law to the contrary, a state agency or public agency shall not: (i) study, plan, design, acquire, lease, search for sites, or construct new correctional facilities or detention centers; (ii) expand the capacity of an existing correctional facility or detention center beyond its current design or rated capacity; (iii) convert any part of an existing or dormant correctional facility or detention center for the purpose of detention or incarceration, including to change or expand the populations incarcerated in that facility or center; (iv) renovate an existing or dormant correctional facility or detention center beyond requirements for maintenance or to comply with building code requirements; or (v) repair an existing or dormant correctional facility or detention center for the purposes of expanding the facility or center, or increasing its bed capacity. SECTION 2. Section 73 of chapter 7C of the General Laws is hereby repealed. SECTION 3. Section 2 shall take effect 5 years after the effective date of this act.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish an immediate prison and jail moratorium, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and health.

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An Act relative to telephone service for inmates in all correctional and other penal institutions in the Commonwealth

H1796

HD822

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T13:39:23.747'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T13:39:23.7466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T14:14:47.3333333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-14T12:14:58.0666667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T12:14:58.0666667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T12:14:58.0666667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-14T12:14:58.0666667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-21T10:36:14.5466667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-04T15:00:06.3066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-04T15:00:04.6966667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-04-04T14:59:56.0266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-04T14:59:52.3233333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-04T14:59:47.6033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-04-04T14:59:12.1066667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-04-04T14:59:00.3133333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-04T14:58:34.2533333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-04-04T14:58:08.8333333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T14:57:18.51'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-04T14:57:10.48'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-04-04T14:57:03.9933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-04T14:56:59.87'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-04-04T14:56:40.65'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-04-04T14:56:28.2766667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-05T10:05:28.7533333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-07-25T15:45:12.8433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1796/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1796) of Chynah Tyler and others relative to telephone service for inmates in correctional institutions. The Judiciary.

Section [1] Chapter 127 of the General Laws is hereby amended by inserting after section 87 the following section:- Section 87A. (a) For the purposes of this section, the terms “state correctional facilities,” “state prisons” and “county correctional facilities” shall have the same meanings as those terms are defined in section 1 of chapter 125. For purposes of this section, “housing units” are defined as follows: any and all administrative segregation or restrictive housing units, Hospital Service Units, Mental Health Units and General Population housing units in the facility, and any new types of housing units the department of correction or sheriffs may establish in the future. (b) The department of correction and sheriffs shall provide and shall ensure adequate infrastructure to provide voice communication services to persons committed to state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction. (c) The provision of such communication services shall be provided free of charge to the person initiating and the person receiving the communication within 90 days of enactment of this bill. (d) In all housing units, each incarcerated or detained person shall be able to access voice communication services at all times to the extent that such access does not interfere with rehabilitative, educational or vocational programming or routine facility procedures; and further, access to voice communication services shall not be less than existed during the month prior to enactment of this section; and further, the department shall provide a designated space for this communication to occur. (e) In all state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction, that currently provide tablets that are capable of becoming calling-enabled, the department of correction and sheriffs shall enable voice communication services via these tablets, and shall ensure adequate infrastructure to provide voice communication services via these tablets. These voice communication services shall be provided free of charge to the person initiating and the person receiving the communication, within 90 days of enactment of this bill. When tablet calling is unavailable—because Wifi is unavailable, the tablet is damaged or lost, or for any other reason—incarcerated persons shall have access to physical phones at all times in all housing units to the extent that such access does not interfere with rehabilitative, educational or vocational programming or routine facility procedures. (f) The department of correction and sheriffs may supplement voice communication services with other communication services, including, but not limited to, video and electronic communication services provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the person initiating and the person receiving the communication within 90 days of enactment of this bill. (g) Nothing in this section shall authorize or permit the department of correction or sheriffs to limit or prohibit in-person contact visits. Section [2] Notwithstanding any general or special law to the contrary, not later than 90 days of enactment of this bill, any provision of a contract for communication services to any person confined in a state correctional facility, state prison or county correctional facility that provides for the payment of revenue, financial incentives or commissions to a state or local law enforcement agency shall be void and the department of correction and sheriffs shall renegotiate any such contract to remove any such provision. A renegotiated contract shall reduce the cost of communication services to reflect the removal of any provision that provide for the payment of revenue, financial incentives or commissions to a state or local enforcement agency; provided, however, that no other terms of the contract shall be affected by this section; provided further, that the department of corrections and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible after such renegotiated contracts expire; provided further, that not later than 90 days after the enactment of this bill, the department of correction and the sheriffs shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services.

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An Act authorizing application of good conduct sentence deductions for completion credits earned during pre-trial detention

H1797

HD900

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T15:09:15.593'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T15:09:15.5933333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-21T10:50:10.0966667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-04T14:59:20.64'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-04T14:58:46.83'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1797/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1797) of Chynah Tyler and Christopher J. Worrell relative to the application of good conduct sentence deductions for completion credits earned during pre-trial detention. The Judiciary.

SECTION 1. Section 129D of chapter 127 of the General Laws is hereby amended by inserting after the word “Prisoners” in line 1 “,including persons held in pre-trial detention,”. SECTION 2. Section 129(D) of chapter 127 of the General Laws is further amended by inserting after paragraph (f) the following new paragraph: (g) “Deductions from sentences and completion credits earned by persons held in pre-trial detention will accumulate during the period of detention, but will only be available to the prisoner once they are sentenced. These accumulated good conduct deductions will expire upon the prisoner’s final release from custody related to the charges that led to the detention. Accumulated but un-credited good conduct deductions shall not be available for application against future incarcerations.”

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An Act establishing a jury duty exemption for breastfeeding parents

H1798

HD1059

{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:33:12.8'}

[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-18T10:33:12.8'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1798/DocumentHistoryActions

Bill

By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 1798) of Steven Ultrino for legislation to establish a jury duty exemption for breastfeeding parents. The Judiciary.

Section 4 of chapter 234A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- 9. Such person is breastfeeding their child and indicates on a juror summons response an election not to perform juror service.

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An Act relative to rental protections for elderly, disabled and low-to-middle income tenants

H1799

HD1963

{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-19T09:20:23.08'}

[{'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-19T09:20:23.08'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:39:48.1533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T15:48:44.1333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:17:56.7533333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T14:15:42.04'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-05T09:27:35.3933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T13:53:58.68'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1799/DocumentHistoryActions

Bill

By Representative Ultrino of Malden, a petition (accompanied by bill, House, No. 1799) of Steven Ultrino and others relative to the termination of rental agreements or tenancy by certain tenants. The Judiciary.

Chapter 186 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 31. (a) As used in this section, the word “tenant” shall mean a person who has entered into an oral or written lease or rental agreement for residential property located in the commonwealth who is: (i) 65 years of age or older, (ii) a person with a disability as defined in 42 U.S.C. § 12102 or (iii) a person with income at or below 80 percent of the area median income as determined by the United States Department of Housing and Urban Development. (b) A tenant may terminate a rental agreement or tenancy upon written notification to the property owner that the tenant applied for and is accepted for admission to housing for the elderly, persons with disabilities or persons of low to moderate income, including, but not limited to: (1) a nursing home licensed pursuant to section 71 of chapter 111; (2) an assisted living residence certified pursuant to section 3 of chapter 19D; (3) elderly housing, as defined in section 1 of said chapter 19D; (4) a public housing development, as defined in section 32B of chapter 121B; (5) publicly-assisted housing, as defined in section 1 of chapter 40T; (6) age restricted housing for persons 55 years of age and over; and (7) low or moderate income housing, as defined in section 20 of chapter 40B; provided, that the notification is made not less than 30 days prior to the date of termination of the rental agreement or tenancy. A tenant who provides written notification to the property owner not less than 30 days prior to the date of termination of the rental agreement or tenancy shall not be subject to any penalty for such termination or liability for the remaining term of the rental agreement or tenancy. (c) A property owner shall not refuse to enter into a rental agreement, nor shall a housing subsidy provider deny assistance, based on an applicant having terminated a rental agreement pursuant to subsection (b). (d) A waiver of subsection (b) in any lease or other rental agreement, except as otherwise provided by law shall be void and unenforceable. (e) The superior court, housing court, district court and Boston municipal court shall have jurisdiction in equity to restrain violations of subsections (b) through (d), inclusive. (f) The department of housing and community development shall promulgate rules and regulations to implement and carry out this section, including defining additional types of housing for the elderly, persons with disabilities or persons of low to moderate income for which a tenancy may be terminated pursuant to subsection (b).

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An Act relative to pension forfeiture

H18

HD18

{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:19:25.72'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H18/DocumentHistoryActions

Bill

So much of the recommendations of the Teachers' Retirement System (House, No. 16) as relates to pension forfeiture. Public Service.

SECTION 1. Paragraph (m) of subdivision 1 of section 5 of chapter 32 of the general laws, as appearing in the 2014 Official Edition, is hereby amended in line 76 by adding after the word “contrary”, the following: “except as provided in section 15 of this chapter,”. SECTION 2. Subdivision 1 of section 10 of chapter 32 of the general laws, as appearing in the 2014 Official Edition, is hereby amended by striking the phrase “without moral turpitude on his part” in lines 6,9,84 and 126. SECTION 3. Section 15 of chapter 32 of the general laws is hereby amended by striking everything after the title and inserting in place thereof the following new section 15. Section 15. (1) Initiation of Forfeiture Proceedings. Proceedings under this section may be initiated by the board or the commission. The board shall notify the member by certified mail when proceedings are initiated. If the member refuses the delivery of the mail, it shall be deemed to have been received. Unless otherwise agreed to by the parties, a hearing shall be held no less than ten days nor more than ninety days after the member has received notification. The board shall conduct the hearing pursuant to the provisions of 840 CMR 10.12. The board shall prepare and file with its clerk or secretary a certificate containing its findings and decision, copies of which shall be sent to the proper parties within fifteen days after completion of such hearing. (2) Forfeiture of a retirement allowance upon conviction. Upon final conviction of a felony criminal offense involving violation of the laws applicable to a member’s office or position or arising out of and in the course of their employment, a member shall be subject to the forfeiture provisions of this section. A retirement board, upon notification of such conviction of a member, must hold a hearing to determine whether the crimes for which a member was convicted involved the laws applicable to the member’s office or position or if said criminal offenses were committed while the member was in the course of his or her employment, the total value of the member’s potential retirement benefits, and the amount of said benefits which shall be forfeited. For the purposes of this section, ‘criminal offense involving violation of the laws applicable to a member’s office or position,’ shall also include, but not be limited to, in the case of a member whose primary job responsibilities involve contact with children or any member of the Massachusetts Teachers’ Retirement System or a teacher who is a member of the Boston Retirement System, a conviction for knowing purchase or possession of visual material of a child depicted in sexual conduct under section 29C of chapter 272 of the general laws, or a conviction of a sex offense involving a child as defined in section 178C of chapter 6 of the general laws whom the member has contact with as part of his or her official duties, or a conviction of any other sex offense or sexually violent offense, as those terms are defined in said section 178C, in which the victim was any person under the age of 18. (3) Forfeiture amount. Any member with ten or more years of creditable service on the date of the offense who is subject to forfeiture under the foregoing paragraph (2) shall forfeit their retirement allowance as determined by the board. A member’s allowance shall be reduced by either one-third, two-thirds, to a minimum allowance or their right to an allowance shall be forfeited entirely. Such minimum allowance shall be equal to the amount a member would receive in group 1 having ten years of creditable service and at the minimum age for a group 1 employee; provided that in no event shall a member whose pension has been reduced to the minimum allowance be eligible for any retirement benefit prior to reaching the minimum age for a group 1 employee; and provided further that, except in cases of total forfeiture, a reduced retirement allowance shall not be reduced below the amount of the annual annuity portion. Such reduced allowance shall be payable for the life of the member; provided that, if the member retires having elected option (c) the beneficiary shall receive, upon the death of the member, the option (c) survivor benefit as if forfeiture had not occurred, based on the age and actual creditable service at the time of the member’s retirement, if the board determines that the beneficiary (i) had no role in the illegal conduct for which the member was convicted, (ii) did not have knowledge of the illegal conduct, and (iii) did not commit nor conspire to commit the murder or voluntary manslaughter of the member upon whom the retirement allowance is based. In the event the entire allowance is forfeited, the member shall not be entitled to receive a retirement allowance under the provisions of section one to 28, nor shall any beneficiary be entitled to receive a retirement allowance under such provisions on account of such member. Further, in the event of total forfeiture, unless otherwise prohibited by law, a member or beneficiary shall receive only a return of their accumulated total deductions; provided, however, that the rate of regular interest for the purpose of calculating accumulated total deductions shall be zero. Any retirement allowance received by a member up to the decision of total forfeiture by a board shall be offset against and reduce the accumulated total deductions otherwise due the member. In determining the amount of the forfeiture the board must consider and make findings of fact relative to the following factors: (1) the severity of the crime for which the member was convicted including the sentence imposed as well as the maximum sentence provided for by law; (2) the amount of monetary loss suffered by the state, municipality, political subdivision, or by any other person as a result of the crime for which the member was convicted or the financial gain realized by the member; (3) the degree of public trust reposed in the member by virtue of the member’s office or position and the degree to which it was violated; (4) if the crime was part of a fraudulent scheme against the state or political subdivision, the role of the member in the fraudulent scheme; (5) any recommendation by the prosecuting attorney or their office to the degree of forfeiture; and (6) any such other factors as, in the judgment of the board, justice may require. Any member who has had their retirement allowance forfeited entirely or has had a portion of their retirement allowance forfeited under this paragraph shall be ineligible to become a member of a different retirement system and is also prohibited from increasing their allowance from the forfeited amount except by cost of living increases granted pursuant to sections 102 and 103. Any member who has had their retirement allowance forfeited entirely or has had a portion of their retirement allowance forfeited under this paragraph shall cease to be an active member of the retirement system and shall be ineligible for membership in any retirement system. (4) Forfeiture for members having less than ten years of creditable service. Any member, having less than ten years of creditable service on the date the offense is committed, who upon conviction is subject to the provisions of this section shall forfeit all rights to a retirement allowance based upon any creditable service prior to and after the date of the offense and shall receive a return of his accumulated total deductions; provided, however, that the rate of regular interest for the purpose of calculating accumulated total deductions shall be zero. The member shall thereupon cease to be a member in the retirement system and shall be ineligible to become a member of any retirement system. (5) Notification. If a current employer, last employer, the attorney general or a district attorney becomes aware of a final conviction of a member of a retirement system under circumstances which may require forfeiture of the member's rights to a pension, or retirement allowance pursuant to this chapter, section 59 of chapter 30 or section 25 of chapter 268A, they shall immediately notify the retirement board and the commission of such conviction. (6) Repayment of allowance. If a member's final conviction of an offense results in a forfeiture of rights under this chapter, the member shall forfeit, and the board shall require the member to repay all benefits in excess of the allowable amount received after the date of the offense of which the member was convicted. Following a member’s conviction and partial forfeiture, the member’s retirement allowance will be reduced, upon such terms and conditions as the board may determine, until all excess payment amounts are recovered. (7) Misreported Salary. In no event shall any member be entitled to receive a retirement allowance under this chapter, which is based upon a salary that was concealed from or knowingly misreported to the commonwealth, or any political subdivision, district or authority of the commonwealth. If a member concealed compensation from or knowingly misreported compensation to an entity to which the member was required to report the compensation, even if the reporting was not required for purposes of calculating the member's retirement allowance, the member's retirement allowance shall be based only upon the regular compensation actually reported to that entity or the amount reported to the board, whichever is lower. Unless otherwise prohibited by law, such member shall receive a return of any accumulated total deductions paid on amounts in excess of the compensation actually reported, but no interest shall be payable on the accumulated deductions returned to the member. The board shall notify the commission of any proceedings commenced pursuant to this subdivision and shall provide any and all documents relating to said proceedings upon request of the commission. Notwithstanding the waiver provisions of paragraph (a) of subdivision 3 of section 21 of chapter 32 of the general laws any calculations performed pursuant to this section will be submitted to the commission for approval. (8) Appeal of Forfeiture. Any person who is aggrieved by a decision made pursuant to this section regarding the forfeiture of all or any portion of a member’s retirement allowance under this section may, within thirty days after the certification of the decision bring a petition in the superior court. This action shall be commenced in the Massachusetts Superior Court covering the geographic area in which a member resides or was convicted, or in Suffolk Superior Court. The court shall review all legal issues under a de novo standard, but may base its determination either on the administrative record below, or may, in its discretion, request additional evidence. (9) Restitution. In no event shall any member after final conviction of an offense involving the funds or property of any governmental unit in which or by which he is employed or was employed at the time of his retirement or termination of service, as the case may be, or of any system of which he is a member, be entitled to receive a retirement allowance or a return of his accumulated total deductions under the provisions of sections one to twenty-eight inclusive, nor shall any beneficiary be entitled to receive any benefits under such provisions on account of such member, unless and until full restitution for any such misappropriation has been made. Restitution may be made using all or a portion of the total deductions of the member on account with a retirement system. If restitution is made using the accumulated total deductions of the member on account with a retirement system then the annuity portion of any retirement allowance will be reduced when a retirement allowance becomes effective or when a retirement allowance is resumed, as the case may be. The pension portion of the retirement allowance shall remain unchanged from the allowance determined using the accumulated total deductions in the member’s account prior to restitution. SECTION 4. Subdivision 3 of section 16 of said chapter 32 is hereby amended in line 63 by striking the phrase: “or any member who is aggrieved by any action taken or decision of a board or the public employee retirement administration commission rendered with reference to his dereliction of duty as set forth in section 15,”. SECTION 5. Subdivision 3 of section 16 of said chapter 32 is hereby amended in line 113 by adding after the word “rendered”: , except decisions made or actions taken pursuant to section 15 of this chapter,. SECTION 6. Section 105 of said chapter 32 is hereby amended by adding the following paragraph; (d) Any member having had their retirement allowance forfeited entirely or having had any portion of their retirement allowance forfeited pursuant to section 15 of this chapter shall be ineligible for reinstatement to service under the provisions of this section. SECTION 7. Paragraph (b) of subdivision (2) of section (8) of chapter 32 is hereby amended by inserting in line 105 after the word “compensation”: ; provided, however, that any member who has had their retirement allowance forfeited entirely or had any portion of their retirement allowance forfeited pursuant to section 15 shall not become an active member of the retirement system upon reinstatement but shall contribute to the deferred compensation fund established by section 64D of chapter 29.

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An Act regarding the use of aversive therapy

H180

HD827

{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:43:34.587'}

[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:43:34.5866667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-31T13:38:31.37'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-09T12:46:40.4966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-09T12:46:40.4966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T15:33:20.0733333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T15:33:20.0733333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-03-15T14:52:28.13'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:39:01.6166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-10T15:26:18.6433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T15:26:18.6433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-10T15:26:18.6433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-24T16:04:25.1133333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-05-24T16:04:25.1133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-09T18:30:40.4066667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-06-09T18:30:40.4066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-07-24T14:23:32.7433333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-07-24T14:23:32.7433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-07-25T12:08:34.1033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-07-26T14:38:33.3'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-07-26T14:38:33.3'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-26T14:38:33.3'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-07-26T14:38:33.3'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-07-26T14:38:33.3'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-31T13:56:01.94'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-07-31T13:56:01.94'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-07-31T13:56:01.94'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-07-31T13:56:01.94'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-09-07T14:33:17.29'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-18T20:40:11.5333333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-10-10T16:07:23.4333333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-10-10T16:07:23.4333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H180/DocumentHistoryActions

Bill

By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 180) of Danielle W. Gregoire and others for legislation to prohibit the use of procedures which cause physical pain or deny a reasonable humane existence to persons with disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Section 16 of Chapter 6A of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting the following text:- No program, agency, or facility funded, operated, licensed, or approved by any agency or subdivision of the Commonwealth shall administer or cause to be administered to any person with a physical, intellectual, or developmental disability any procedure which causes obvious signs of physical pain, including, but not limited to, hitting, pinching, and electric shock for the purposes of changing the behavior of the person. No such program may employ any form of physical contact or punishment that is otherwise prohibited by law, or would be prohibited if used on a non-disabled person. No such program may employ any procedure which denies a person with a physical, intellectual, or developmental disability reasonable sleep, food, shelter, bedding, bathroom facilities, and any other aspect expected of a humane existence in the Commonwealth.

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An Act restoring judicial discretion in controlled substance cases

H1800

HD3724

{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-20T14:18:50.27'}

[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-20T14:18:50.27'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T11:01:28.8366667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-16T16:08:29.0166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1800/DocumentHistoryActions

Bill

By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 1800) of Erika Uyterhoeven, Lindsay N. Sabadosa and Danillo A. Sena for legislation to restore judicial discretion in controlled substance cases. The Judiciary.

1. Whereas, the deferred operation of this act would tend to defeat its purpose, which is to forthwith make certain changes in laws relative to the administration of justice in the Commonwealth, to permit fair sentencing of non-violent drug offenders, to reduce the rate of incarceration in the Commonwealth occasioned, in large part, by minimum mandatory drug laws, to prevent the application of equally severe penalties for both the more and the less culpable offenders, and to eliminate the disproportionate impact minimum mandatory drug laws have on minority communities, therefore, it is hereby declared to be an emergency law, retroactive in application, as necessary for the immediate preservation of the public convenience. 2. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: a) Section 32 of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby amended as follows: i. Paragraph (b) shall be stricken and replaced with the following: Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty–one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less than two thousand and five hundred nor more than twenty–five thousand dollars, or by both such fine and imprisonment. ii. Paragraph (c) and its subparagraphs shall be stricken. b) Section 32E of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby amended as follows: i. Paragraph (a) and its subparagraphs shall be stricken and replaced with the following: (a) Any person who trafficks in marijuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by bringing into the commonwealth a net weight of fifty pounds or more of marijuana or a net weight of fifty pounds or more of any mixture containing marijuana shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less than five hundred nor more than two hundred thousand dollars, or by both such fine and imprisonment. ii. Paragraph (b) and its subparagraphs shall be stricken and replaced with the following: (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a), clause (2) of paragraph (c) or in clause (3) of paragraph (c) of Class B of section thirty–one by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of any mixture containing a controlled substance as so defined shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less two thousand five hundred dollars nor more than five-hundred thousand dollars, or by both such fine and imprisonment. iii. Paragraph (c) and its subparagraphs shall be stricken and replaced with the following: (c) Any person who trafficks in heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net weight of 18 grams or more of heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof, a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than two and one–half years, or a fine of not less two thousand five hundred dollars nor more than five-hundred thousand dollars, or by both such fine and imprisonment. iv. Paragraphs (c½), (c¾), and (d) and its subparagraphs shall be stricken. c) Section 32H of General Law Chapter 94C, as appearing in the 2020 Official Edition is hereby stricken.

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An Act to prevent unwanted opioid prescriptions

H1801

HD2134

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-11T09:06:14.9'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-11T09:06:14.9166667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-19T10:46:47.9966667'}]

{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T19:11:48.437'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1801/DocumentHistoryActions

Bill

By Representatives Vargas of Haverhill and Donaghue of Westborough, a petition (accompanied by bill, House, No. 1801) of Andres X. Vargas and Kate Donaghue relative to the penalty for the issuance of unwanted opioid prescriptions. The Judiciary.

Subsection (e) of section 18B of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following 2 sentences:- A practitioner who knowingly fails to comply with a person’s voluntary non-opiate directive form shall be subject to a civil penalty of not more than $100,000. The attorney general may enforce the provisions of this subsection.

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An Act improving juvenile justice data collection

H1802

HD1707

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T10:10:33.19'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T10:10:33.19'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T12:15:04.8733333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-08T13:01:06.75'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T11:54:07.8366667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T12:02:25.5133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:20:16.8133333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-29T15:11:49.7966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T10:13:46.36'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-15T16:17:06.6533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1802/DocumentHistoryActions

Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1802) of Andres X. Vargas and others relative to improving juvenile justice data collection. The Judiciary.

SECTION 1. The purpose of these provisions is to ensure that the Commonwealth establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts with officials in the law enforcement and juvenile justice systems. SECTION 2. Section 12(a) of Chapter 18C of the General Laws is hereby amended by inserting the words “or any law protecting the confidentiality of juvenile justice records and information” after “20K of chapter 233” SECTION 3. Chapter 18C of the General Laws is hereby further amended by inserting after section 14, the following section: Section 15. Collection and Reporting of Juvenile Justice Data (a) The child advocate shall report statistical data on the juvenile justice system annually by December 31st to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security, the house and senate chairs of the committee on children, families and persons with disabilities, the chief justice of the supreme judicial court and the chief justice of the trial court. The report, which shall be made public pursuant to reporting recommendations of the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include statistics on the utilization of the juvenile justice system at various process points as well as information on decisions made at justice system decision points impacting juveniles, as described in Section 89 and Section 90 of Chapter 119 of the General Laws. (b) The child advocate shall request data from relevant Offices and Departments holding data necessary to complete the aforementioned report at least annually and may request data be provided on a quarterly basis. (c) The Child Advocate shall issue guidance, in consultation with the Juvenile Justice Policy and Data Board, for the administration and enforcement of this section, including guidance establishing (1) schedules for the submission, transmission and publication of the data (2) the format and form that the aforementioned data from Offices and Departments shall take, including any requirements that data should be available for analysis or disaggregation, and the format that transmission of the data shall take (3) the categories and types of data on juvenile interactions with the justice system to be submitted by each agency. The child advocate may request, and all Offices and Departments subject to this law shall provide, individual-level data to facilitate analysis, provided that the child advocate shall be bound by any limitations on the use or release of such individual-level data imposed by law upon the party furnishing such information as described in Section 12 of this chapter. (d) The guidance required by subsection (c) shall, at minimum, require data be provided in such a way as to allow cross tabulated analysis by demographic subgroups including, at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or ethnicity category, sexual orientation, charge type and level, geographic location such as county or court location, involvement with the Department of Children and Families and any combination thereof. The Child Advocate shall provide guidance about the manner in which demographic data is designated and collected, with consideration of the juveniles’ self-reporting of such categories based on data reporting standards issued by the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119. SECTION 4. Section 89 of chapter 119 of the General Laws, as appearing in section 80 of chapter 69 of the acts of 2018, is hereby amended by inserting after the definition of “criminal justice agency” the following paragraph:- “Gender identity” shall be defined pursuant to clause 59 of section 7 of chapter 4 of the General Laws SECTION 5. Section 89 of said chapter 119, as so appearing, is hereby further amended by inserting after the definition of “racial or ethnic category” the following paragraph:- “Sexual orientation”, having an orientation for or being identified as having an orientation, for heterosexuality, bisexuality, or homosexuality. SECTION 6. Subsection (b) of section 89 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking the words “mental health care system”, and inserting in place thereof the words “mental health care and child welfare systems” SECTION 7. Chapter 119 of the General Laws, as appearing in section 80 of chapter 69 of the acts of 2018, is hereby amended by inserting after section 89 the following section: Section 90. Collection and Reporting of Juvenile Justice Data (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meaning:— (1) “Justice system decision point” shall refer to set points in the justice process where a criminal justice agency makes a decision which results in a change in a juvenile’s status, including, but not limited to: decisions to refer a juvenile to a diversion program; to arrest a juvenile or issue a court summons; to hold a juvenile in custody prior to arraignment; to file a delinquency or criminal complaint; to advance a delinquency or criminal complaint; to proceed with a prosecution; to make a finding as to legal competency; to issue an indictment; to arraign a juvenile; to dismiss a case; to hold a hearing regarding dangerousness; to detain a juvenile without bail; to transfer a case to district or superior Court; to impose bail; to impose pretrial release conditions; to place a juvenile on an electronic monitoring device, either as a condition of pretrial release, as a condition of probation after disposition of a case to revoke bail; to order a juvenile to be held in detention; to continue a case without a finding; to adjudicate a juvenile; to issue a disposition; to place a juvenile on probation; to issue probation conditions; to commit a juvenile to the Department of Youth Services; to sentence a juvenile to serve time in an adult custodial facility; to refer a juvenile to a court for a probation violation; to revoke a juvenile’s probation; to confine a juvenile; to change a juvenile’s placement type in a custodial facility; to issue a grant of conditional liberty; to grant or revoke a grant of conditional liberty; to grant parole after an initial parole hearing; to grant parole after a subsequent review hearing; to revoke parole; to certify or deny sealing or expungement petition, pursuant to sections 100B, 100F and 100G of Chapter 276 of the General Laws. (2) “Juvenile” shall be defined pursuant to Section 89 of Chapter 119 of the General Laws. (b) All criminal justice agencies, as defined by Section 89 of Chapter 119 of the General Laws, shall comply with data requests from the child advocate pursuant to section 15 of Chapter 18C regarding decisions made impacting juveniles at justice system decision points. The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. (c) The department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any police or law enforcement officer stationed at or affiliated with a local education authority, and any contractor, vendor or service-provider working with such police including any alternative lock-up programs, shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) referral to and/or use of diversion programming; and (2) custodial arrests and issuance of court summons (d) Clerk magistrates shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) application for complaint filed; (2) finding of probable cause; (3) diversion from further court proceedings, including referral to and/or use of diversion programming; (4) complaint issued; (5) appeal to judge of the finding by the clerk magistrate; and (6) complaint issued after appeal. (e) The district attorneys shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) decision not to proceed with prosecution, including but not limited to entering a nolle prosequi or moving to dismiss a case; (2) diversion from further court proceedings, including referral to and/or use of diversion programming; (3) decision to proceed with dangerousness hearing pursuant to section 58A of chapter 276 (4) indictment as a youthful offender; (5) dismissal of indictment/dismissal of indictment in exchange for other action; and (6) prosecution in criminal court under section 74 of chapter 119 of the General Laws. (f) The juvenile court department shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) arraignment as a delinquent (2) arraignment as a youthful offender; (3) diversion from further court proceedings, including referral to and/or use of diversion programming pursuant to section 54A of chapter 119 of the General Laws; (4) court hearing on dangerousness pursuant to section 58A of chapter 276 of the General Laws; (5) competency hearing; (6) transfer of case to adult criminal court under section 72A of chapter 119 of the General Laws; (7) imposition of bail or order to hold without bail; (8) imposition of pretrial release conditions, including pre-trial probation pursuant to section 87 of chapter 276 of the General Laws; (9) bail revocation hearings; (10) cases which are continued without a finding pursuant to section 18 of chapter 278 and to section 58 of chapter 119 of the General Laws; (11) dismissal of charges; (12) adjudication as a delinquent; (13) adjudication as a youthful offender; (14) imposition of an adult sentence pursuant to section 58 of chapter 119 of the General Laws; (15) disposition, including but not limited to: i. sentence to probation; ii. commitment to the department of youth services pursuant to section 58 of chapter 119 of the General Laws; (16) commitment to the department of youth services pursuant to section 2 of chapter 279 of the General Laws that are suspended; (17) juvenile surrendered on criminal and non-criminal violations of probation; (18) commitments to department of youth services following a probation violation; and (19) revocation of a continuation without a finding pursuant to pursuant to section 18 of chapter 278 and to section 58 of chapter 119 of the General Laws; (g) The office of the commissioner of probation shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) referral to and/or use of diversion programming; (2) supervision of pre-trial probation; (3) supervision of continuances without a finding; (4) supervision of juvenile on probation; and (5) referral to the court for a probation violation. (6) number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100B of Chapter 276 of the General Laws; (7) number of petitions and number of allowances and denials of petitions for expungement, pursuant to sections 100F, 100G and 100H of Chapter 276 of the General Laws; (8) number of petitions and number of allowances and denials of petitions for expungement, pursuant to section 100K of Chapter 276 of the General Laws; (9) number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100A of Chapter 276 of the General Laws; (10) number of juveniles on GPS monitoring, disaggregated by race, ethnicity, gender, county, court, length of time on GPS (h) The department of youth services and any contractor, vendor or service provider working with said department including alternative lock-up programs shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) pre-arraignment detention; (2) pre-trial detention; (3) commitment; (4) placement type, including, but not limited to, security level (5) notice of revocation of grants of conditional liberty; (6) hearing on grants of conditional liberty; and (7) revocation of grants of conditional liberty for violation of conditions of liberty; and (8) voluntary extensions of commitments with the department of youth services. (i) The district and superior court shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) arraignment for murder in the first degree and murder in the second degree; and (2) convictions. (j) The department of correction and each sheriff’s department shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) pre-arraignment detention; (2) pre-trial detention; (3) post-disposition confinement of youthful offenders; and (4) post-conviction confinement for murder. (k) The parole board shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) grant of parole after an initial parole hearing; (2) grant of parole after a subsequent review hearing; (3) supervision of parole; and (4) revocation of parole. (l) The Executive Office of Public Safety and Security shall be responsible for assembling the data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by the below offices and departments. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. 1. The Commissioner of the Department of Correction 2. Sheriffs of each County; 3. The Parole Board; 4. The Department of the State Police; 5. Municipal police departments; 6. The Massachusetts Bay Transportation Authority Police; 7. School based police, including those from any local education authority; 8. Alternative Lock-up Programs; and 9. any other contractor, vendor or service provider working with school based or other police officers. (m) The Massachusetts District Attorneys Association shall be responsible of assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by District Attorney’s Offices. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (n) The Court Administrator shall be responsible for assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by judicial officers and court personnel including the Commissioner of Probation, judicial officers and court personnel, and the Executive Director of Community Correction. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (o) The Department of Youth Services shall be responsible for assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collect by all department personnel, contractors or vendors working with the Department. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (p) Notwithstanding any law to the contrary, the child advocate may request, and all Offices and Departments subject to this law shall provide upon request, individual level data to facilitate analysis by the Office of the Child Advocate, provided that the child advocate shall be bound by any limitations on the use or release of such individual-level data imposed by law upon the party furnishing such information as described in Section 12 of Chapter 18C. Any individual data described or acquired under the provisions of this section shall be used only for statistical purposes and may not be disseminated if it contains data that reveal the identity of an individual who had contact with the juvenile justice system within the meaning of this chapter. (q) If any Offices or Departments subject to this law are unable to fulfill the data request made by the child advocate, in whole or in part, they shall submit to the child advocate a report detailing what data could not be provided, stating clearly the reason data could not be provided, and clearly documenting the efforts the Office or Department has made and will make to ensure data can be provided in the future. If the data cannot be provided due to budgetary constraints, the Office or Department shall provide a budget detailing the additional funding required to fulfill the data request. These reports on data availability shall be included in the annual juvenile justice data report of the child advocate pursuant to Section 15 of Chapter 18C and shall b

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An Act to exonerate all individuals accused of witchcraft during the Salem Witch Trials

H1803

HD1828

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-09T12:51:48.877'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-09T12:51:48.8766667'}]

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Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1803) of Andres X. Vargas for legislation to exonerate all individuals accused of witchcraft during the Salem Witch Trials. The Judiciary.

SECTION 1. Chapter 145 of the resolves of 1957, as amended by section 105 of chapter 126 of the acts of 2022, is hereby further amended by inserting after the words “Wilmot Redd” the first time they appear, the following words:- , and other persons. SECTION 2. Said chapter 145 is hereby further amended by inserting after the words “The above named”, the following words:- and other persons. SECTION 3. Said chapter 145 is hereby further amended by inserting after the words “Wilmot Redd” the second time they appear the following words:- , and other persons,.

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An Act to eliminate standard conditions in probation

H1804

HD2501

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-09T11:57:12.057'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-09T11:57:12.0566667'}]

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Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1804) of Andres X. Vargas for legislation to eliminate standard conditions in probation. The Judiciary.

SECTION 1. Section 87A of Chapter 276 of the General Laws is hereby amended by inserting after the first paragraph the following paragraph:- All probation shall be presumed administrative and no condition of probation shall be ordered unless that condition specifically addresses the particular characteristics of the person and the crime for which probation is ordered. The judge must consider whether any condition ordered would have a rehabilitative effect or serve a legitimate public safety goal based on current criminal recidivism and rehabilitation research with clear and convincing evidence. SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting after section 87B the following section:- Section 87BB. (a) The period of probation or suspension of sentence under section 87 of Chapter 276 shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court. (b) The maximum length of any period of probation or suspension of sentence shall be limited to: (1) Three years, for any felony; (2) One year, for any misdemeanor. (c) Any offender who is serving more than 1 sentence of probation or suspension of sentence imposed following convictions in more than 1 case shall not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of sentence (or any portion thereof) which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section shall be deemed to be concurrent to such other sentence. The provisions of this subsection shall not apply to a sentence imposed for a conviction involving an offense committed while the offender was serving a period of probation or suspension of sentence. Periods of committed time shall not count toward the aggregate time limit on probation or suspension of sentence supervision. (d) The limitations set forth in subsections (b) and (c) of this section shall not apply: (1) To any sentence imposed for a conviction of any sex offense under G.L. c. 6 178C if the sentencing court determines on the record that a longer period of probation or suspension of sentence will reduce the likelihood that the offender will commit a sex offense or other violent offense in the future; and best meets public safety and individual rehabilitative needs. (2) To any sentence imposed for any offense if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered, except that any period of probation ordered pursuant to this paragraph that is in excess of the limitations set forth in subsections (b) and (c) of this section shall be administrative only. (e) The limitations set forth in subsection (b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if it determines that the defendant has not yet completed a substance use treatment program ordered by the court, provided, that each extension of sentence ordered pursuant to this subsection shall be preceded by a hearing, and by a finding on the record, that such extension of sentence is necessary to facilitate the completion of the substance abuse treatment program. Nothing in this section shall prohibit a court from terminating probation without completion of a substance use treatment program. (f) Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law.

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An Act to implement recommendations of the Commission on structural racism in the parole process

H1805

HD2726

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T16:44:13.933'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T16:44:13.9333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-01T16:41:13.4033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-15T14:28:23.31'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-03T14:14:10.2933333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-09-06T10:24:36.0633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-09-06T10:24:34.0566667'}]

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Bill

By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 1805) of Andres X. Vargas and James B. Eldridge relative to structural racism in the parole process. The Judiciary.

SECTION 1. Section 4 of chapter 27 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:- There shall be in the department, but not subject to its jurisdiction, a parole board, consisting of 9 members, to be appointed by the governor, with the advice and consent of the council, for terms of 5 years. The governor may, with the advice and consent of the council, remove members from the board for cause, upon a written certification of such cause; provided that such member shall have the right to notice and the opportunity for a public hearing before the council relative to such removal. SECTION 2. Said section 4 of said chapter 27, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:- At all times, at least 3 members of the parole board shall have at least 5 years of experience in the fields of psychiatry, psychology, social work or the treatment of substance use disorders. One of those 3 members shall be a licensed mental health professional, as defined in section 1 of chapter 123. At all times, 1 of the 9 members of the board shall be someone who has been incarcerated and successfully completed the parole process; a minimum of 3 years shall have passed since the individual completed the parole process and they shall have a professional or volunteer background in at least 1 of the following areas: psychology, mental health or substance use, transitional housing, re-entry after incarceration, public safety or law. If the membership of the parole board does not comply with this paragraph, then every candidate recommended for a parole board position shall possess at least 1 of the qualifications listed above. This provision applies notwithstanding any other provision of law. SECTION 3. Section 5 of said chapter 27, as so appearing, is hereby amended by adding the following paragraph:- No condition of parole shall be ordered unless that condition specifically addresses the particular characteristics of the person and the crime for which they are being paroled. The parole board shall consider whether any condition ordered would have a rehabilitative effect or serve a legitimate public safety goal based on current criminal recidivism and rehabilitation research with clear and convincing evidence. SECTION 4. Said chapter 27, as so appearing, is hereby amended by adding the following section:- Section 8. (a) The parole board shall collect the following data for individuals incarcerated in or paroled from the correctional institutions of the commonwealth, jails or houses of correction: (i) the number of parole violations by race, ethnicity, gender and type of violation; (ii) the number of parole revocations, the cause of the revocation and the race, ethnicity and gender of the individual whose parole permit was revoked; (iii) the number of individuals who are returned to prison for a preliminary hearing on an alleged technical parole violation and the race and ethnicity of each individual; (iv) the number of individuals found to have violated a technical condition of parole at a final revocation hearing that are returned to prison; (v) the number of individuals found to have committed a disciplinary infraction after being granted a parole permit; (vi) the number of individuals eligible for parole who choose to forego the parole process compared to those who pursue a parole permit, by race and ethnicity; (vii) the average time between the date of eligibility for parole, the parole release hearing date, the date of the parole board’s decision and the actual release date, disaggregated by race, ethnicity and gender, and disaggregated by house of correction inmates, inmates serving a life sentence and inmates not serving a life sentence; (viii) the average time between the date of the parole board’s decision to grant a parole permit and the individual’s release; (ix) the percentage of individuals to whom the parole board decides to grant a parole permit but who are not released on parole; (x) the percentage of individuals taken into custody for a parole violation before they have a revocation hearing; and (xi) the percentage of individuals who have had their parole permit revoked and are returned to custody for a technical violation not associated with criminal activity. (b) The parole board shall publish in its annual statistical report the data collected pursuant to subsection (a). (c) The department of correction and the superintendents of the houses of correction shall collect data on the race and ethnicity of their employees. The department of correction shall publish this data in its annual report. SECTION 5. Section 136 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:- The parole board shall issue a detailed record of decision for all cases, including for inmates not serving a sentence for life, which shall include individual details and facts about the case that have led the board to either approve or deny parole. In the case of denial, the parole board shall provide clear instructions for becoming a better candidate for parole. SECTION 6. Section 133A of said chapter 127, as so appearing, is hereby amended by adding the following paragraph:- For every person who is eligible for parole, the parole board shall conduct a public hearing no later than 90 days before the person’s parole eligibility date. The hearing shall be before a panel of at least 6 members of the board for purposes of granting parole. The board shall issue its record of decision no later than 30 days before the parole eligibility date.

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An Act ensuring the enforcement of mandatory minimums for firearm related crimes

H1806

HD1120

{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:04:12.07'}

[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:04:12.07'}]

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Bill

By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 1806) of Marcus S. Vaughn relative to the enforcement of mandatory minimum sentences for firearm related crimes. The Judiciary.

Section 10 of Chapter 269 of the General Laws is hereby amended by inserting at the end thereof the following:- “p) A sentencing judge who fails or otherwise refuses to impose a sentence of the required minimum term pursuant to this section shall not be entitled to judicial immunity and may be held civilly liable for the damages caused in the commission of a felony by an offender of this section after such offender’s release. q) Any judge, justice, or other arbiter who releases a person accused of violating this section on bail pursuant to section 58 of chapter 276 shall not be entitled to judicial immunity and may be held civilly liable for the damages caused in the commission of a felony by said person while out on said bail.”

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An Act to prevent aiding, supporting, or enticing a child to runaway

H1807

HD1151

{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:11:06.737'}

[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:11:06.7366667'}]

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Bill

By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 1807) of Marcus S. Vaughn relative to penalties for aiding, supporting, or enticing children to runaway. The Judiciary.

Chapter 265 of the General Laws is hereby amended by inserting after section 26D the following section:- Section 26E. (a) As used in this section, the term “entice” shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite. (b) (1) Whoever, without lawful authority, knowingly aids, supports or entices a child under the age of 18 in absconding from, or continuing to abscond from the care of a parent, legal guardian or any other person, agency or entity legally responsible for the care of the child shall be punished by imprisonment in the house of correction for not more than 1 year, or by a fine of not more than $1,000, or by both such fine and imprisonment. (2) Whoever, without lawful authority, knowingly aids, supports or entices a child under the age of 14 in absconding from, or continuing to abscond from the care of a parent, legal guardian or any other person, agency or entity legally responsible for the care of the child shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $1,000, or by both such fine and imprisonment. (c) (1) Whoever knowingly aids, supports or entices a child under the age of 18 in absconding from, or continuing to abscond from, the custody of the department of children and families, foster care or from the custody of any other individual, agency or entity legally responsible for the care of the child pursuant to a child requiring assistance order or determination by the juvenile court shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by a fine of not less than $2,500, or by both such fine and imprisonment. (2) Whoever knowingly aids, supports or entices a child under the age of 14 in absconding from, or continuing to abscond from, the custody of the department of children and families, foster care or from the custody of any other individual, agency or entity legally responsible for the care of the child pursuant to a child requiring assistance order or determination by the juvenile court shall be punished by imprisonment in a state prison for not more than 10 years, or by a fine of not less than $5,000, or by both such fine and imprisonment. (d) Whoever knowingly violates subsection (b) or (c) of this section on or within 300 feet of the real property comprising a public or private accredited preschool, accredited head start facility, elementary, vocational or secondary school, whether or not in session, shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 5 years, or by a fine of not less than $2,500, or by both such fine and imprisonment.

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An Act relative to pill press machines

H1808

HD2049

{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:01:17.48'}

[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:01:17.48'}]

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Bill

By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 1808) of Marcus S. Vaughn relative to pill press machines. The Judiciary.

Section 32G of Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new subsection :- (1) It shall be unlawful for any person to possess, purchase, deliver, sell, or possess with intent to sell or deliver a tableting machine, an encapsulating machine, or controlled substance counterfeiting materials knowing, intending, or having reasonable cause to believe that it will be used to manufacture a controlled substance or counterfeit controlled substance. Any person who violates this subsection shall be guilty of a felony punishable by a sentence of not less than 1 year and not more than 5 years in the state prison or county house of correction or by a fine of not less than $25,000, or both such fine and imprisonment.

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