Datasets:

ayang903

/

maple

like 0

An Act for providing for the training, continuing training, and education of judges, and other legal hearing officers

H1449

HD4048

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:32:26.56'}

[{'Id': None, 'Name': 'Vincent L. Dixon ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:32:26.5733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1449/DocumentHistoryActions

Bill

By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. 1449) of Vincent L. Dixon relative to providing for the training, continuing training, and education of judges and other legal hearing officers. The Judiciary.

SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter: An Act to provide for the training, continuing training, and education of judges, and other legal hearing officers. 1.) Massachusetts, as a leader in legal reform, and legal systems, has accomplished many important reforms, and contributed to the general structures, and processes of law. This includes, of course, case study law itself, many consumer protections, and many other innovations. 2.) Therefore, this Statute, establishes, and encourages, a robust formal framework, for the training of all judges, and other legal hearing officers. In a rapidly changing society, everyone, including legal officials, are especially challenged by changes in technology, social viewpoints, societal consensus, business operations and circumstances, and legal doctrines and operations. 3.) The Attorney General of Massachusetts, in consultation with the Board of Bar Overseers, and other appropriate individuals, and organizations, is empowered, to establish Judicial Training: defined as suitable judicial training, judicial continuing education, training and education for all judicial, and legal hearing officers of the Commonwealth, including Judges, Magistrates, Hearing Officers, and those individuals who are members of Boards and Commissions, which make regulatory, and legally-binding decisions. 4.) All individuals, meeting the requirements of this Act, shall receive specified initial training, at the beginning of their appointments, and regular update training, on a yearly basis, as specified in such needed regulations, as the Attorney General, shall create, and monitor, in conjunction with the relevant supervising justices, of each appropriately defined judicial system.

[]

[]

[]

[]

An Act improving emergency housing assistance for children and families experiencing homelessness

H145

HD1962

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:12:09.693'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:12:09.6933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T14:52:50.11'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-09T13:33:36.44'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-27T09:55:09.3466667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:30:01.49'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:33:34.4666667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-04-11T00:20:12.5633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T17:09:34.3333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T10:46:42.7233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T08:45:25.1333333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-16T12:00:34.2533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-01T21:33:33.0166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:33:40.13'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-17T11:25:14.1166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T15:16:48.4533333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-21T16:10:03.34'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-02T15:38:28.5'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:01:45.24'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:15:49.3866667'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-07-17T11:52:55.8033333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:13:49.85'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:44:04.95'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H145/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 145) of Marjorie C. Decker and others relative to emergency housing assistance for children and families experiencing homelessness. Children, Families and Persons with Disabilities.

SECTION 1. Section 30 of chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraphs:- The department shall provide emergency housing assistance to eligible families, including but not limited to families who on the date of application for emergency assistance have an immediate need, and who but for not having spent 1 night in a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including but not limited to a car, park, abandoned building, medical facility, bus or train station, airport or camping ground, would be eligible for emergency assistance. In order to promote privacy, dignity, and public health, the department shall provide each family placed in temporary shelter their own room or rooms with beds for sleeping, separated from other families by at least a door. Each family shall be able to control the lighting in their sleeping area. SECTION 2. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting after subsection (F) the following subsection:- (G) (a) For purposes of this section, “immediate need” shall mean a family has no immediate and feasible housing alternative; provided further that a family’s self-declaration of immediate need shall be sufficient to establish eligibility for immediate housing placement. (b) On the same business day in which any family requests emergency housing assistance, the department shall inquire whether the family is in immediate need of emergency housing assistance. If the family is determined to be in immediate need of emergency housing assistance, the department shall offer the family shelter placement to begin that same business day, unless the department possesses specific information confirming that the family is not eligible for emergency housing assistance, in which case the department shall on that same day generate a written notice of denial including the reasons for the denial, the specific regulations supporting the denial, and an explanation of the right to appeal. SECTION 3. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (H) The department shall issue no denial based in whole or in part on the need for further verification of the family’s eligibility for emergency housing assistance. The department and the department of transitional assistance shall, within 30 days of enactment of this subsection, execute any memorandum of understanding, interdepartmental service agreement, or other document that may be necessary in order for department staff to access the BEACON database or any successor database maintained by the department of transitional assistance. Within 30 days of such execution, the department and the department of transitional assistance shall ensure that all department staff involved in determining families’ eligibility for emergency housing assistance shall have access to any and all data maintained by the department of transitional assistance that may be necessary to ascertain a family’s eligibility for emergency housing assistance. The department shall review all available data held by the department of transitional assistance and shall only require that the family present such documentary verification for eligibility factors that cannot be ascertained through review of data from the department of transitional assistance. When the department offers a family an immediate shelter placement pursuant to subsection (G) above and does not have in its possession sufficient information to make a full determination of eligibility, including through review of data held by the department of transitional assistance, the department shall notify the family of the specific verification needed; the time period for the verification, not to be less than thirty calendar days from the date on which the family receives actual notice of the verification needed; and the consequences of late or missing verifications. Such notice shall be in writing and shall be delivered to the family in hand by the department or its contracted shelter provider. SECTION 4. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (I) The department shall issue no denial or termination of assistance based in whole or in part on the amount of a family’s assets; provided, however, that any income generated by such assets may be treated as countable income. SECTION 5. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (J) The department shall promulgate any rules or regulations which may be necessary to carry out subsections (G), (H), and (I) of this section. SECTION 6. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (K) For any state of emergency and for at least 90 days thereafter, the department shall use its authority to allow applicants to self-certify documentation verifying their eligibility for emergency housing assistance; shall cease from terminating all emergency housing assistance program benefits; and shall waive the existing 12-month ban on re-entering emergency housing assistance for any family who meets the other eligibility requirements. SECTION 7. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (L) (a) For purposes of subsections (K) through (M), “applicant” shall mean any person who requests services in programs referenced to in subsection (K)(b) through any means, including but not limited to telephone, electronic means, or in person from the initial point of contact; “participant” shall mean any person engaged in programs referenced to in subsection (K)(b) up until the point at which any such person shall have exhausted appeal rights regarding any termination from the program; “application” shall mean an initiated request for services. (b) There shall be established an ombudsperson unit within the executive office of housing and economic development, or any successor executive office of housing, to liaise between families and two programs located within the department of housing and community development. The ombudsperson unit shall be directed towards the emergency assistance shelter program and related short-term housing transition programs as provided in Chapter 4 of the Acts of 2009 and Chapter 23, and any successor programs. Applicants to and participants of both the emergency assistance and the Massachusetts short-term housing transition program shall be able to access the ombudsperson. The ombudsperson shall act as an independent mediator and advocate for all applicants and participants in either program. SECTION 8. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (M) The ombudsperson shall mediate between any applicant or participant and the department of housing and community development when conflicts or misunderstandings arise. The ombudsperson shall advocate for any applicant or participant when such applicant or participant requests such services in order to review a denial or termination of services. For applicants, the ombudsperson shall advocate in instances including but not limited to extraneous document requests, inability to contact the department by telephone, delays in placement, and denials. SECTION 9. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (N) The ombudsperson unit shall have access to all initiated, partially completed, and completed applications in order to assess applicants’ and participants’ requests; provided further the ombudsperson shall have access to all submitted documentation as well as case information in the All Service Integrated System Tracker (ASIST) database and any successor database as well as shelter provider notes, department of children and families and domestic violence assessments, and sub-contracted provider notes. SECTION 10. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (O) The ombudsperson unit shall annually develop a report describing: (1) the number of requests received in the preceding 12-month period; (2) the number of such requests that pertained to the emergency assistance program; (3) the number of such requests that pertained to the Massachusetts short-term housing transition program; (4) the number of such requests that pertained to issues arising during the application process; (5) the number of such requests that pertained to participants’ experiences at any time after initial entry into the program in question, broken down by program; or issues that result as part of programmatic participation; (6) the nature of all such requests; (7) the resolution of all such requests; (8) the race and ethnicity of each requestor; and (9) the length of time to resolve requests for each program and identifies whether the request involved application issues or program participation issues. This report shall be filed with the clerks of the house of representatives and the senate, and shall be filed with the joint committee on housing and the house and senate committees on ways and means, on or before the first of February of each year. SECTION 110. Said Section 30 of said chapter 23B, as so appearing, is hereby further amended by inserting the following subsection:- (P) Not more than 12 months after establishing the ombudsperson unit, and annually thereafter, the joint committee on ways and means and the joint committee on housing shall hold an oversight hearing to investigate, analyze and discuss the data collected and the efficacy of the ombudsperson unit in resolving requests.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to improve emergency housing assistance for children and families experiencing homelessness, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.

[]

[]

[]

[]

An Act to modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act

H1450

HD4050

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:36:06.853'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:36:06.8533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1450/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1450) of Michael S. Day for legislation to modify the rules for taking depositions outside the Commonwealth and to adopt the uniform interstate depositions and discovery act. The Judiciary.

SECTION 1: Section 10 of Chapter 223A, Taking Depositions Outside Commonwealth; Issuance of Commissions or Letters Rogatory is hereby amended by deleting section 10(a)(3) and Section lO(b) and adding thereto the following section: Section 10(a)(3) UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT Short title. This section may be cited as the "Uniform Interstate Depositions and Discovery Act." Definitions. As used in this chapter: (1) "Foreign jurisdiction" means a state other than the Commonwealth of Massachusetts (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction (3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. (4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to: (i) Attend and give testimony at a deposition; (ii) Produce and permit inspection and copying of designated books, documents, records, (iii) Permit inspection of premises under the control of the person. Issuance of subpoena. (a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to: (1) A clerk of the superior court in the county in which discovery is sought to be conducted in Massachusetts; or 1 (2) A lawyer who is a member in good standing of the bar of the Commonwealth of Massachusetts. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of Massachusetts. (b) When a party submits a foreign subpoena to a clerk of the superior court in Massachusetts, the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service on the person to which the foreign subpoena is directed. When a party submits a subpoena to a lawyer who is a member in good standing of the bar of Massachusetts, the lawyer may issue a subpoena for service on the person to which the foreign subpoena is directed. (c) A subpoena under subsection (b) of this section shall: (1) Incorporate the terms used in the foreign subpoena; (2) Contain or be accompanied by the names, addresses, telephone numbers, and email addresses of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and (3) Otherwise be in a form that complies with the laws of this state. Service of subpoena. A subpoena issued under this state shall be served in compliance with the Massachusetts Rules of Civil Procedure. Deposition, production, and inspection. The Massachusetts Rules of Civil Procedure govern subpoenas issued under this section. Application to court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued under this section shall comply with the rules or statutes of Massachusetts and be submitted to the court in the county in which discovery is to be conducted. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Application to pending actions. This section applies to requests for discovery in cases pending on the effective date of this section. Depositions for use in foreign tribunals. Depositions may be taken in this state to be used in the trial of any cause pending in a tribunal of any other state, district, territory, or country pursuant to this section.

[]

[]

[]

[]

An Act relative to expungement of juvenile and young adult records

H1451

HD2746

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T13:23:40.34'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T13:23:40.34'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T16:03:00.1766667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T12:39:55.0966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-30T16:58:24.2066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:35:08.7033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:47:05.73'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:03:30.99'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-09T10:46:20.0433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T12:48:22.2433333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-07T16:06:00.07'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:04:07.8366667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-07T15:30:30.8233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:10:18.0233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:59:27.7566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-08T14:32:40'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T15:07:31.1666667'}]

{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T13:38:34.203'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1451/DocumentHistoryActions

Bill

By Representatives Decker of Cambridge and Khan of Newton, a petition (accompanied by bill, House, No. 1451) of Marjorie C. Decker, Kay Khan and others relative to the expungement of juvenile and young adult records. The Judiciary.

SECTION 1. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence. SECTION 2. Said section 60A of said chapter 119, as so appearing, is hereby further amended by striking out, in line 4, the word “other” and by inserting after the word “delinquency”, in line 4, the following words:- and youthful offender proceedings SECTION 3. Section 100E of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition “Expunge”, “expunged”, or “expungement” and inserting in place thereof the following definition:- “Expunge”, “expunged”, or “expungement”, the permanent erasure or destruction of a record so that the record is no longer accessible to, or maintained by, the court, any criminal justice agencies or any other state agency, municipal agency or county agency. Nothing in this Section shall be construed to prohibit the maintenance of information relating to an offense after records or files concerning the offense have been expunged if the information is kept in a manner that does not enable identification of the petitioner. This information may only be used for statistical and bona fide research purposes. If the record contains information on a person other than the petitioner, it may be maintained with all identifying information of the petitioner permanently obliterated or erased. SECTION 4. Said section 100E of said chapter 276, as so appearing, is hereby further amended by striking out, in line 73, the words “or disposition of an offense” and inserting in place there of the following words:- or disposition of any offense SECTION 5. Section 100F of chapter 276 of the General Laws, as appearing in section 95 of Chapter 253 of the Acts of 2020, is hereby amended in subsection (a) by striking out the words “not more than 2” SECTION 6. The first sentence of subsection (a) of section 100H of chapter 276 of the General Laws, as appearing in Section 97 of Chapter 253 of the Acts of 2020, is hereby amended by striking out the words “who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction” and inserting in place thereof the following words:- who has any criminal or juvenile record where the disposition did not include an adjudication or conviction SECTION 7. Section 100I of chapter 276 of the General Laws, as appearing in Section 98 of Chapter 253 of the Acts of 2020, is hereby amended by striking out paragraph (3) and inserting in place thereof the following paragraph:- (3) all offenses that are the subject of the petition to expunge the record or records, including any period of incarceration, custody or probation, occurred not less than 7 years before the date on which the petition was filed if the record or records that are the subject of the petition include a felony unless the offense was an offense tried in juvenile court, and not less than 3 years before the date on which the petition was filed if the record or records that are the subject of the petition only include a misdemeanor or misdemeanors or offenses tried in juvenile court; SECTION 8: Section 100J of chapter 276 of the General Laws is hereby amended by striking out section 100J and inserting in place thereof the following section: Section 100J. None of the following offenses are eligible for expungement under section 100F, 100G, or 100H: (1) conviction for any offense resulting death or serious bodily injury as defined pursuant to section 13K of chapter 265; (2) conviction for any sex offense that can never be sealed under section 178G of chapter 6 of the General Laws; or (3) conviction of a violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, chapter 209A, section 15 of chapter 209C, or chapter 258E. SECTION 9. Chapter 276 of the General Laws is hereby amended by inserting after section 100U the following two sections:- Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a person under the age of criminal majority, law enforcement and criminal justice agencies shall no longer transmit fingerprints and any records related to the arrest or filing of a court case against the person to the Federal Bureau of Investigation or the Department of Justice for any offense that occurred before the age of criminal majority, except for purposes of requesting that the Federal Bureau of Investigation or the Department of Justice seal or expunge its records as required by section 100T of this chapter and section 36 of chapter 22C of the General laws. Section 100W. The office of the commissioner of probation shall collect and annually report on: a) the number of petitions and number of allowances and denials on petitions for sealing, pursuant to sections 100B and 100C, separately, of Chapter 276 of the General Laws; b) the number of petitions and number of allowances and denials of petitions for expungement, pursuant to sections 100F, 100G and 100H, separately, of Chapter 276 of the General Laws c) the number of petitions and number of allowances and denials of petitions for expungement, pursuant to section 100K of Chapter 276 of the General Laws; and d) the number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100A of Chapter 276 of the General Laws. e) the number of denials pursuant to sections 100I and 100J, separately, of Chapter 276 of the General Laws. Said report shall submitted to the joint committee chairs of the joint committee on the judiciary and the clerks of the house of representatives and senate to the house and senate no later than 75 days after the end of the fiscal year and made available to the public.

[]

[]

[]

[]

An Act to stop mass shootings

H1452

HD543

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:41:40.923'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:41:40.9233333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-08-23T16:26:40.6633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T10:07:25.3066667'}]

{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-11T20:42:34.303'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1452/DocumentHistoryActions

Bill

By Representatives Decker of Cambridge and Moran of Lawrence, a petition (accompanied by bill, House, No. 1452) of Marjorie C. Decker, Frank A. Moran and Rodney M. Elliott for legislation to further regulate the manufacturing of assault weapons and large capacity feeding devices. The Judiciary.

SECTION 1. Chapter 269 of the General Laws is hereby amended by adding the following section:-- Section 20. No person shall, within the commonwealth, manufacture or cause to be manufactured, partially or completely, any assault weapon or large capacity feeding device as defined in section 121 of chapter 140 of the General Laws. This prohibition shall not apply to weapons or devices manufactured by a licensed manufacturer solely for the purpose of the lawful sale to an authorized law enforcement or military agency of the commonwealth, any other state, the United States, or a foreign government approved by the United States State Department. Whoever violates this section shall be punished by a fine of not less than $1,000 nor more than $1,000,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.

[]

[]

[]

[]

An Act concerning furnishing transcripts of notes and fees

H1453

HD3282

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T11:40:14.633'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T11:40:14.6333333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-20T11:43:12.05'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-16T11:27:13.18'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-31T14:43:52.9266667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-06T14:58:35.14'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-03T17:17:07.7466667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-05-22T11:32:53.3366667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-02-13T09:39:53.8633333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-28T15:46:31.8766667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-25T10:52:48.02'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T16:27:36.98'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-05-19T12:46:47.43'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-05-25T19:30:52.2233333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T10:25:02.4066667'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-24T10:33:26.1766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-09-25T14:28:49.6766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-08-08T10:46:20.0666667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-04-18T10:19:48.51'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-06T09:48:38.8466667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-02T09:53:42.3666667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-09-19T16:49:22.5033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:05:31.87'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-21T10:15:04.8633333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-10-03T13:54:27.8633333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T16:58:54.9933333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-06T09:19:51.1666667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-01T07:59:13.76'}]

{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-20T11:40:14.633'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1453/DocumentHistoryActions

Bill

By Representatives Decker of Cambridge and Peisch of Wellesley, a petition (accompanied by bill, House, No. 1453) of Marjorie C. Decker, Alice Hanlon Peisch and others relative to furnishing transcripts of notes and audio recordings taken at trials or hearings. The Judiciary.

SECTION 1. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 2, the word, “stenographer" and inserting in place thereof the word: “transcriber.” SECTION 2. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 2, the words, “his notes” and inserting in place thereof the words: “their notes or audio recording.” SECTION 3. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the word, “he” and inserting in place thereof the word: “they.” SECTION 4. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, “$3” and inserting in place thereof: “$5.” SECTION 5. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, “$1” and inserting in place thereof: “$1.67.” SECTION 6. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 5, the word: "additional." SECTION 7, Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 5, the words: "at the same time." SECTION 8. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 6, the word, “stenographer" and inserting in place thereof the word: “transcriber.” SECTION 9. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking out, in line 7, “$5” and inserting in place thereof: “$8.35.” SECTION 10. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 9, the word, “open source” and inserting in place thereof the word: “open-source.” SECTION 11. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 10, the words: "additional paper." SECTION 12. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 11, “$.10” and inserting in place thereof: “$.20” SECTION 13. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word, “daily” and inserting in place thereof the word: “rush.” SECTION 14. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 13, “$4.50” and inserting in place thereof: “$7.50.” SECTION 15. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 13, the word: "copy." SECTION 16. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 13, “$1.50” and inserting in place thereof: “$2.50.” SECTION 17. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 14, the word: "additional." SECTION 18. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 15, the word, "stenographer" and inserting in place thereof the word: "transcriber.” SECTION 19. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 16, “$5” and inserting in place thereof: “$8.35.” SECTION 20. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 17, the words: "additional paper." SECTION 21. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in line 19, the words, "$.10 per page" and inserting in place thereof the words: "$7.50 for the original and $.20 per page for each copy." SECTION 22. Section 88 of chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after paragraph one the following paragraph: Section 88a. Beginning on the first day of July 2028, and on the first day of each fifth July thereafter, the rates and fees set forth in section 88 shall be increased to reflect changes in the Consumer Price Index as follows: The rates and fees set forth in section 88 shall be multiplied by a fraction, the denominator of which shall be the Consumer Price Index for March 1993 and the numerator of which shall be the Consumer Price Index for the March immediately preceding the applicable July 1. For the purposes of this section, the Consumer Price Index shall mean that table in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, now known as: Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods, Boston-Cambridge-Newton, Ma.-N.H. (1982-84=100 unless otherwise noted) (not seasonally adjusted). If this Consumer Price Index shall be discontinued, then the presiding justice of the administrative office of the trial court shall designate any successor Consumer Price Index of the United States Bureau of Labor Statistics, or any successor agency thereto for Boston-Cambridge-Newton, Massachusetts-New Hampshire. The (1) office of transcription services or (2) the presiding justice of the administrative office of the trial court shall issue directives to implement the purposes of this section.

[]

[]

[]

[]

An Act relative to firearm safety and harassment prevention orders

H1454

HD514

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:24:17.27'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T16:24:17.27'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-06-30T16:05:01.0633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1454/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1454) of Marjorie C. Decker relative to firearm safety and harassment prevention orders. The Judiciary.

SECTION 1. Chapter 258E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4 the following sections:- Section 4A. Upon issuance of a temporary or emergency order under section five or six of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns and ammunition which he then controls, owns or possesses in accordance with the provisions of this chapter and any license to carry firearms or firearms identification cards which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with the provisions of this chapter and, said law enforcement official may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of harassment prevention order served on the defendant pursuant to section nine. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any firearms identification cards in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment. Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than ten court business days after the receipt of the notice of the petition by the court. If said license to carry firearms or firearms identification card has been suspended upon the issuance of an order issued pursuant to section five or six, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the defendant that a firearm, rifle, shotgun, machine gun or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within two business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section. Section 4B. Upon the continuation or modification of an order issued pursuant to section 5 or upon petition for review as described in section 4A, the court shall also order or continue to order the immediate suspension and surrender of a defendant's license to carry firearms and firearms identification card and the surrender of all firearms, rifles, shotguns, machine guns or ammunition which such defendant then controls, owns or possesses if the court makes a determination that the return of such license to carry and firearm identification card or firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of harassment to the plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long as the restraining order to which it relates is in effect; and, any law enforcement official to whom such weapon is surrendered may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than two and one-half years in a house of correction or by both such fine and imprisonment. Section 4C. Upon an order for suspension or surrender issued pursuant to sections 4A or 4B, the court shall transmit a report containing the defendant's name and identifying information and a statement describing the defendant's alleged conduct and relationship to the plaintiff to the department of criminal justice information services. Upon the expiration, cancellation or revocation of the order, the court shall transmit a report containing the defendant's name and identifying information, a statement describing the defendant's alleged conduct and relationship to the plaintiff and an explanation that the order is no longer current or valid to the department of criminal justice information services who shall transmit the report, pursuant to paragraph (h) of section 167A of chapter 6, to the attorney general of the United States to be included in the National Instant Criminal Background Check System.

[]

[]

[]

[]

An Act relative to the tracking of certain electronic devices

H1455

HD517

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T09:54:05.573'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T09:54:05.5733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:41:49.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1455/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1455) of Marjorie C. Decker and Michelle M. DuBois relative to the tracking of certain electronic devices using toll collection technology and the inadmissibility of such data in criminal or civil proceeding. The Judiciary.

SECTION 1. Section 13 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by adding the following 5 subsections:- (d) Any technology used for toll collection under this chapter, including radio-frequency identifying transponders, shall not be used to identify the location of any vehicle for purposes other than charging and collecting and, from time to time, fixing and revising tolls for transit under this section. (e) No data derived from any technology used for toll collection under this chapter, including but not limited to the GPS coordinates, location, date and time, speed of travel, photograph, license plate number or other identifying information regarding any vehicle, shall be shared with or provided to any law enforcement entity or any law enforcement official without a valid warrant issued pursuant to the requirements of sections 2 to 3A, inclusive, of chapter 276. (f) Any data obtained or accessed in violation of subsection (e) shall be inadmissible in any criminal or civil proceeding; provided, however, that an individual whose rights have been violated by the improper transfer of or access to data derived from any technology used for toll collection under this chapter, may introduce evidence concerning such data in a civil action brought pursuant to subsections (h) or (i) or may grant permission to another party in a civil proceeding to introduce such evidence. (h) Any aggrieved person may institute a civil action in district or superior court for damages resulting from a violation of subsection (e), or in superior court to restrain any such violation. If in any such action a willful violation is found to have occurred, the violator shall not be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability for such actual damages as may be shown, be liable for exemplary damages of not less than $100 and not more than $1,000 for each violation, together with costs and reasonable attorneys’ fees and disbursements incurred by the person bringing the action. (i) Any use of data obtained or accessed in violation of subsection (e) of this section shall be a violation of chapter 93A. (j) Notwithstanding any general or special law to the contrary, a law enforcement entity or official may obtain information described in subsection (e) without a warrant if it reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires obtaining without delay information relating to the emergency; provided, however, that the request is narrowly tailored to address the emergency and subject to the following limitations: (i) the request shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires obtaining without delay of the information relating to the emergency; and (ii) not later than 48 hours after the government office obtains access to records, it shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the office setting forth the grounds for the emergency access.

[]

[]

[]

[]

An Act combating misinformation about ex-offender voting rights

H1456

HD524

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:09:56.523'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:09:56.5233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:07:45.29'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1456/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1456) of Marjorie C. Decker and Lindsay N. Sabadosa relative to the notification of voter eligibility status of ex-offenders. The Judiciary.

Chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 66 the following section:- Section 67. (a) Any person who is convicted of a felony, as defined in section 1 of chapter 274, in the commonwealth, but is not sentenced to incarceration in a jail or correctional facility, shall be notified in writing by the ruling court, immediately following such conviction and sentencing, of his or her voter eligibility, and shall confirm, in writing, that he or she was so notified. (b) A probation officer shall immediately notify, in writing, any person that is placed in their care, who was convicted of a felony or incarcerated due to a felony conviction, of said person’s voter eligibility status, shall provide said person with written information on voter eligibility and voter registration, and shall obtain written confirmation from said person that he or she was so notified. (c) A parole officer shall immediately notify, in writing, any person that is placed in their care, who was incarcerated due to a felony conviction, of said person’s voter eligibility status, shall provide said person with written information on voter eligibility and voter registration, and shall obtain written confirmation from said person that he or she was so notified. (d) Any person who is incarcerated due to a felony conviction shall, upon release from a jail or correctional facility, be notified, in writing, by said jail or facility of his or her voter eligibility and provided with written voter eligibility and voter registration information, and shall confirm, in writing, that he or she was so notified. (e) The office of the commissioner of probation shall notify, in writing, any person that was convicted of a felony by a court of the commonwealth within the period of 10 years prior to the effective date of this section, who is not currently incarcerated, of their voter eligibility, shall provide said person with written voter eligibility and voter registration information and shall obtain written confirmation from said person that he or she was so notified.

[]

[]

[]

[]

An Act relative to determining the best interest of children in probate & family court

H1457

HD525

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T09:52:31.33'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T09:52:31.33'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1457/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1457) of Marjorie C. Decker relative to determining the best interest of children in Probate and Family Court decisions. The Judiciary.

Chapter 208 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 31 and inserting in place thereof the following section: Section 31. Parenting of Children. A. Definitions. For purposes of this section, the following terms shall have the meanings set forth below: 1. Decision-Making Responsibility a. “Shared Decision-Making Responsibility.” The parents have mutual responsibility and involvement in major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development. b. “Sole Decision-Making Responsibility.” One parent has the right and responsibility to make major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development. 2. Residential Responsibility a. “Shared Residential Responsibility.” A child has periods of residing with and being under the supervision of each parent in such a way as to assure a child frequent and continued contact with both parents. One residence may be designated as the child’s “primary residence” while the parents have “shared residential responsibility.” b. “Primary Residential Responsibility.” A child resides with and be under the care and supervision of one parent, and has parenting time with the other parent, unless the court determines that such time with the other parent is not 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 supervision of one parent or a parenting time supervisor, without regard to whether that parent has shared or primary residential responsibility. B. General Guidance. 1. In making an order or judgment relative to the care of children, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine the distribution of parental responsibility. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect the child’s physical, mental, or emotional health. Such conditions and their impact on the child shall be relevant as the court establishes division of parental responsibilities to provide for the safety, welfare and well-being of the child in a manner that is workable for the foreseeable future. 2. Upon the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until an order or judgment is rendered, absent emergency conditions, abuse, or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage. Nothing herein shall be construed to create any presumption of temporary shared residential responsibility. 3. At any time after the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine, the court may enter an order for temporary sole decision-making responsibility for one parent if shared decision-making responsibility would not be in the best interest of the child. 4. If, despite the prior or current issuance of an abuse prevention order against one parent pursuant to chapter two hundred and nine A or of a domestic relations protective order pursuant to section 18 of this chapter, the court orders shared decision-making or residential responsibility either as a temporary order or as a judgment, the court shall provide written findings to support such order. 5. There shall be no presumption either in favor of or against shared decision-making or shared residential responsibility at the time of the trial, except as provided in section 31A of this chapter. 6. When a party requests distribution of parental responsibility and division of parenting time, that party shall provide a proposed order to the court. At the trial, if the issues of parental responsibility or parenting time are contested and either party seeks shared decision-making or shared residential responsibility, the parties, jointly or individually, shall submit to the court a parenting plan setting forth the details of their proposed plan including, but not limited to: the child’s education; the child’s health care, procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or spend time with each party, including holidays and vacations, or the procedure by which such periods of time shall be determined. 7. At trial on the merits, the court shall consider the parties’ proposed parenting plans in light of the factors set forth in (C) of this section. The court may accept, change, or reject the parenting plan submitted. 8. Where the parents have reached an agreement providing for parental responsibility of the child, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the child. 9. Prior orders or agreements shall not create a presumption that their terms shall be continued. 10. A parent’s responsibility for child support shall continue to be governed by the Massachusetts Child Support Guidelines as required by section 28 of this chapter, regardless of the use of the terms shared or primary residential responsibility in any order or judgment. 11. The entry of an order or judgment relative to the parental responsibility for the minor children shall not negate or impede the ability of both parents to have access to the academic, medical, hospital, or other health records of the child, as the parent would have had if the order or judgment had not been entered; provided, however, that if a court has issued an order to vacate against one parent or an order prohibiting a parent from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the records, in whole or in part, is necessary to ensure the health, safety, or welfare of such child or party, the court may order that all or any part of such record the shall not be disclosed to a parent or make other such other orders to restrict release of such records in accordance with G.L. c. 71, s.34H. C. Determination of Parental Responsibilities. In determining parental responsibilities, both at the time of entry of temporary orders and judgment, the court shall be guided by the best interest of the child. At the time of entry of temporary orders, the court shall consider holidays and issues related to the child’s schedule that are likely to arise before the next date at which orders will be made. In determining the best interest of the child, the court shall consider G.L. c. 208, s.31A, if applicable, and seek to establish a parenting plan that fully provides for the safety of the children and the parties and the well-being of the children, and that is workable. 1. In determining what parental responsibility arrangement and parenting plan provides for the well-being of the child, the court shall consider: (a) The past, present, and potential future relationship between the parent and the child, including the history of caregiving functions provided by each parent; (b) The child’s adjustment to their school, community, and home, including any siblings and other household members; (c) The anticipated effect on the child of disrupting or continuing the current custody situation, taking into account any special needs of the child; (d) The willingness and ability of each parent to allow a close and continuing relationship between the child and the other parent; provided, however, that the court may not consider this factor if the court has found credible concerns related to s.31A or s.(C)(2) herein, whether or not the court has restricted contact based upon those concerns; (e) The demonstrated capability and desire of each parent to understand and meet the physical, emotional, mental, religious, and social needs of each child, taking into account any special needs of the child; and (f) The preference of the child, if the child is of sufficient age, temperament, and maturity. 2. In deciding what parental responsibility arrangement and parenting plan is safe for the children and the parties, the court shall consider: (a) Whether a parent’s use of drugs, alcohol, or another substance interferes with that parent’s ability to properly care for the child; (b) Whether a parent has inflicted physical, psychological, emotional, or financial abuse against the other parent, against any household member, or against a child; and (c) Whether a parent has committed a sexual offense which, after considering the nature of the offense, the age of the victim, and the relationship between the parent and the victim, raises concerns regarding parenting time with the child. 3. In determining what parenting plan and schedule of parenting time will best meet the physical and emotional needs of a child, the court shall seek to create a parenting arrangement that is workable and realistic. In determining workability, the court shall consider: (a) Whether the proposed arrangement is manageable, over time, for the parties and child, and for all other parties relevant to carrying out the arrangement; (b) The geographic location and availability of each parent, including each party’s access to transportation, distance between the parties, or incarceration of a parent; (c) Whether the level of cooperation required is within the past and present abilities of the parties and/or includes supports for developing improved cooperation and communication; and (d) The ability of each parent to provide the required caregiving functions during their parenting time, including the parent’s ability to arrange for appropriate care and supervision.; (e) Whether the length of each parent’s parenting time, the location of parenting time, the manner and location of exchange, the presence of supervision or parenting support, and the location of the parenting time adequately addresses the needs of the child and of each parent in accordance with (C)(1) and (C)(2) of this section. The court may also consider additional factors that are deemed relevant and proven by the evidence, but must make findings specifying the factors considered and their relative weight.

[]

[]

[]

[]

An Act to enhance the rights of crime victims in the Commonwealth

H1458

HD873

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:07:49.623'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:07:49.6233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:31:11.04'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1458/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1458) of Marjorie C. Decker and Vanna Howard relative to the rights of victims of certain crimes. The Judiciary.

SECTION 1. Section 1 of chapter 258B, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “stepparent”, in line 16, the following word:- grandparent, SECTION 2. Said Section 1 of said chapter 258B, as so appearing, is hereby further amended by inserting after the words “two hundred and fifty-eight C”, in line 17, the following words:- person with whom the victim lived and in a relationship similar to marriage, SECTION 3. Said Section 1 of said chapter 258B, as so appearing, is hereby further amended by inserting, after line 18, the following words:- “probation officer”, an associate probation officer, probation officer, assistant chief probation officer, chief probation officer, regional probation supervisor, statewide probation supervisor, victim service coordinator, the deputy commissioner of field services, and any other personnel whom the commissioner of probation shall direct. SECTION 4. Section 2 of said chapter 258b, as so appearing, is hereby amended by inserting at the beginning the following:- Services provided in this chapter shall be afforded to victims and family members of violent crimes, including homicide and sexual assault, to the fullest extent possible in matters that have not resulted in complaints or indictments have not been issued. SECTION 5. Said Section 2 of said chapter 258B, as so appearing, is hereby amended by inserting before the word “prosecutors”, in line 1, the following word:- Furthermore, SECTION 6. Subsection (l) of Section 3 of said chapter 258B, as so appearing, is hereby amended by striking out, in line 91, the word “A” and inserting in place thereof the following word:- B SECTION 7. Said section 3 of said chapter 258B, as so appearing, is hereby amended by striking out subsection (p) and inserting in place thereof the following subsection:- (p) for victims, to be present and heard at sentencing or the disposition of the case against the defendant. If a victim is unavailable or not present at the time the defendant pleads or is found guilty, delinquent, or admits to sufficient facts, the court shall delay sentencing by no less than one business day to afford victims the opportunity to be present and or heard. The court may inquire of the prosecutor, on the record, whether the victim has indicated their desire to not be present or heard at sentencing. Victims have the right to be heard through an oral and written victim impact statement at sentencing or the disposition of the case against the defendant, even if there is admission to sufficient facts, the sentence is mandatory, or there is an agreed upon plea, about the effects of the crime on the victim and as to a recommended sentence, pursuant to section four B of chapter two hundred and seventy-nine, and to be heard at any other time deemed appropriate by the court. The court shall consider said victim impact statement in disposition of the case against the defendant. The victim also has a right to submit the victim impact statement to the parole board for inclusion in its records regarding the perpetrator of the crime; SECTION 8. Subsection (t) of said section 3 of said chapter 258B, as so appearing, is hereby amended by inserting after the word “custody,”, in line 144, the following words:- including a release on bail, SECTION 9. Said section 3 of said chapter 258B, as so appearing, is hereby amended by inserting the following sections:- (x) for victims, to be notified by the prosecutor that they have the right to provide the sex offender registry board with a written impact statement for inclusion in the convicted sex offender’s classification determination pursuant to section 178K(1)(k) of chapter 6. (y) for victims, to be notified by the probation officer if an offender has a violation of probation hearing, any sentencing after a finding of a violation of probation, and any motion to modify the sentence or disposition of probation, including a transfer of supervision or a motion to terminate. Victims requesting such notice must provide the probation service with current contact information. (z) for victims, to be heard through an oral or written statement after a finding of a violation of probation, and any motion to modify the sentence or disposition, including a motion to terminate. SECTION 10. Section 7 of said chapter 258B, as so appearing, is hereby amended by inserting after the words “district attorney,”, in line 1, the following words:- probation service, parole board, sex offender registry board, department of correction, department of youth services, sheriffs, SECTION 11. The first sentence of section 4B of chapter 279, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “against the person or crime where physical injury to a person results, excluding any crime for which a sentence of death may be imposed, and which involves an identified victim whose whereabouts “ and inserting in place thereof the following words:- a victim as defined by chapter 258B. SECTION 12. Said Section 4B of said chapter 279, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:- The court shall consider said victim impact statement in disposition of the case against the defendant. SECTION 13. There shall be a bail notification special commission established pursuant to section 2A of chapter 4 of the General Laws, referred to in this section as the commission. The commission shall evaluate policies and procedures related to the current bail system and recommend improvements or changes related to notification services, pursuant to section 3(t) of chapter 258B, for victims and family members of crime, as defined by chapter 258B. (a) The commission shall consist of no more than 11 members: 1 of whom shall be the executive director of the Massachusetts office for victim assistance or designee, whom shall serve as chair; 1 of whom shall be a member of the house of representatives appointed by the speaker of the house of representatives; 1 of whom shall be a member of the senate appointed by the president of the senate; 1 of whom shall be the chief justice of the trial court or designee; 1 of whom shall be the secretary of the executive office of public safety and security or designee; 1 of whom shall be the commissioner of probation service or designee; 1 of whom shall be the president of the Massachusetts chiefs of police association or designee; 1 of whom shall be the president of the Massachusetts sheriffs association or designee; 1 of whom shall be the president of the Massachusetts district attorneys association or designee; and no more than 2 of whom shall be crime victims appointed by the victim and witness assistance board. (b) The commission shall submit its final report to the governor, the house and senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint committee on public safety and homeland security not later than December 31, 2024 which shall include: (i) an evaluation of the current practices relative to bail notification to victims and family members when an offender is released from custody; (ii) an evaluation of what shall constitute appropriate notification to victims and family members and the best practice in which to provide notification (iii) a policy recommendation to ensure appropriate notification services are provided to victims and family members dependent on the custodial authority in which an offender is held; (iv) any proposed technology or multi-disciplinary system recommendations to provide notification services, including contracting with state or non-state entities to develop implementation plans and estimated costs to the commonwealth; and (v) any additional proposed policy, regulatory, or statutory changes concerning notification services for victims and family members within the pretrial system.

[]

[]

[]

[]

An Act requiring the relocation of the Cambridge District Court

H1459

HD2888

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T10:12:57.177'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T10:12:57.1766667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-02T10:11:20.7066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1459/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1459) of Marjorie C. Decker and Steven Owens relative to relocating the Cambridge District Court. The Judiciary.

SECTION 1. Notwithstanding any general or special law to the contrary, the court administrator of the executive office of the trial court shall, not later than December 31, 2023, relocate the Cambridge district court, also known as the third district court of eastern Middlesex, from the city of Medford, where it has been located since 2009 in contravention of section 1 of chapter 218, to the city of Cambridge. SECTION 2. Within 90 days of the effective date of this act, the executive office of the trial court shall issue a report on the timeline for relocating the Cambridge district court.

[]

[]

[]

[]

An Act ensuring access to behavioral health services for children involved with state agencies

H146

HD3059

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:22:49.007'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T07:22:49.0066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:16:02.3166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-20T14:26:33.8066667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-02T12:23:37.52'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:33:11.7666667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-04-23T12:47:51.64'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H146/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 146) of Marjorie C. Decker, Samantha Montaño and David Paul Linsky relative to ensuring access to behavioral health services for children involved with state agencies. Children, Families and Persons with Disabilities.

SECTION 1. Section 21 of chapter 19 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifth sentence and inserting in place thereof the following two sentences:- Pursuant to such agreements the department of mental health shall assume responsibility for individuals requiring specialized mental health services, including, but not limited to, inpatient mental health services, community-based acute treatment, intensive community-based acute treatment, mobile crisis intervention, intensive residential treatment programs, and crisis stabilization services. Pursuant to such agreements the department of mental health may assume responsibility for the provision of other non-mental health services to the department of developmental services. SECTION 2. Section 33C of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after subsection (b) the following four new subsections: - (c) The department, in consultation with the department of public health and the department of mental health, shall develop a model emergency response plan that includes both medical and behavioral health crisis response in order to promote best practices for congregate care settings, including clear guidelines for the roles and responsibilities of staff in congregate care settings, including but not limited to, protocols to access mobile crisis intervention, and, where applicable, youth crisis stabilization services, and community-based mental health providers; provided, however, that such model plan shall be designed to limit referrals to law enforcement in congregate care settings to cases in which an imminent risk of death or serious physical, emotional, or mental harm to individuals or damage to congregate care property necessitates such referral. The model plan shall be made available to all congregate care settings, provided the department shall support the congregate care setting in adapting said plan for implementation. In developing the model plan, the department shall consult with the department of mental health, the department of public health, the executive office of health and human services, the office of the child advocate, and other relevant organizations that identify the essential components of an emergency response plan. The department shall biennially review and update the model plan, publicly post the model plan on its website, and provide technical assistance to congregate care settings to review and implement changes to model emergency response plan. The model plan shall include, but not be limited to, required access to training in behavioral health for staff in behavioral and mental health competencies, including, but not limited to, de-escalation strategies, trauma-informed, culturally, and linguistically congruent care, suicide prevention, peer support, and available resources and methods of outreach to non-clinical and clinical services related to behavioral and mental health. (d) A congregate care program under contract to provide foster care to children in the care or custody of the department, in consultation with the department, shall ensure the implementation of an emergency response plan for said setting; provided the congregate care program may adapt the department’s model emergency response plan to fit the needs of the setting; provided further, the congregate care program shall biennially review the plan. The plan shall be made available to the department upon request. (e) A child in the care or custody of the department has the right to return to their congregate care program under contract to provide foster care to children in the care or custody of the department following a medical or non-medical leave of absence if it is determined appropriate for the child to return to the congregate care setting. The department shall reimburse, at the prevailing rate of reimbursement, the congregate care program to hold the bed of a child for each day of their hospitalization or other leave of absence from the program. (f) If a child requires care in another setting, including, but not limited to an emergency department visit or a stay in an inpatient setting, community behavioral health center, intensive community based acute treatment, community based acute treatment, or community crisis stabilization, a congregate care program, under contract to provide foster care to children in the care or custody of the department, shall not refuse to readmit a child living in that congregate care program after a medical or non-medical leave of absence, including an emergency or acute behavioral or psychiatric circumstance, provided that the child has been determined medically and psychiatrically stable and provided further, it is appropriate for the child to be discharged to return to their congregate care program. A congregate care program may deny readmission to a child whose needs have been determined by the program’s director or clinical director to exceed the program’s capability at the time readmission is sought; provided the program reports the denial of readmission of the child to said program to the department of children and families pursuant to section 33D. The determination shall be recorded in writing and shall include the factors justifying the denial and why mitigating efforts would have been inadequate to address the care needs of the child. The congregate care program shall participate in the emergency team pursuant to section 33D; provided further the department shall assume responsibility to coordinate care for the child. SECTION 3. Chapter 119, as so appearing, is hereby amended by inserting after section 33C, the following new section: - 33D. (a) The department of children and families shall collect data on the instances when a congregate care program, under contract to provide foster care to children in the care or custody of the department, denies to readmit a child after a circumstance requiring care in another setting, including, but not limited to an emergency department visit or a stay in an inpatient setting, community behavioral health center, intensive community based acute treatment, community based acute treatment, or community crisis stabilization. A congregate care program shall report to the department when it denies readmission to a child after a medical or non-medical leave of absence, including an emergency or acute behavioral or psychiatric circumstance. Such report shall include, but not be limited to, i) instances when a congregate care program denies readmission of a child following a medical or non-medical leave of absence, (ii) the underlying factors justifying denial of readmission of the child to a congregate care program, and (iii) why mitigating efforts would have been insufficient. The department shall post to the department’s website, on a quarterly basis, a report on the data collected in this section. To the extent feasible, all data shall be disaggregated by race, ethnicity, gender identity, age and other demographic information. The department shall provide a copy of the report to the executive office of health and human services; the joint committee on mental health, substance use and recovery; and the joint committee on children, families and persons with disabilities. (b) At the request of the congregate care program or the setting where the child is awaiting discharge from, the department shall convene an emergency team within two business days to conduct planning discussions to facilitate child placement in an appropriate setting. The emergency team shall include, but not be limited to, a representative from the child’s clinical care team, including, but not limited to, the team currently caring for the child; the child’s current behavioral health provider and primary care provider, as applicable; a representative of the relevant congregate care program; a representative of the department; and the child’s legal guardian, if applicable. If the team does not determine an appropriate placement within 7 days of convening, or earlier if the department deems additional state-agency involvement is necessary, the department may refer the child to the complex case resolution panel pursuant to section 16R of chapter 6A, as inserted by chapter 177 of the Acts of 2022, provided the department report to the panel a written summary of the team’s determination to refer the case to the complex case resolution panel. SECTION 4. Notwithstanding any general or special law to the contrary, the department of children and families shall prepare a comprehensive plan to address access to behavioral and mental health services for individuals in their custody or care. The plan shall include, but not be limited to: (i) strategies to expand access to post-hospitalization settings, including but not limited to, services for transitional age youth, youth with complex behavioral health needs, youth with autism spectrum disorders, youth with intellectual or developmental disabilities, youth with co-occurring behavioral and substance use disorders, youth with co-occurring behavioral and medical needs, school-based services, and respite services; (ii) strategies to reduce the wait times for patients awaiting discharge so that the patients determined appropriate for congregate care, intensive residential treatment programs, community-based programs or other appropriate settings would be admitted to the appropriate setting within fourteen days of their application; and iii) strategies to facilitate care coordination between the department and local education agencies including, but not limited to, recommendations for streamlined communications between local and out-of-district schools, community partners, and other residential-educational settings. The department of children and families shall submit a copy of the plan, including any budgetary needs, to the executive office of health and human services; the clerks of the senate and house of representatives; the joint committee on mental health, substance use, and recovery, and; the joint committee on children, families, and persons with disabilities within 60 days of the effective date of this act. SECTION 5. Notwithstanding any general or special law to the contrary, the department of developmental services shall prepare a comprehensive plan to address access to behavioral and mental health services for individuals in their custody or care. The plan shall include, but not be limited to: (i) strategies to expand access to post-hospitalization settings, including but not limited to, services for transitional age youth, youth with complex behavioral health needs, youth with autism spectrum disorders, youth with intellectual or developmental disabilities, youth with co-occurring behavioral and substance use disorders, youth with co-occurring behavioral and medical needs, school-based services, and respite services; (ii) strategies to reduce the wait times for patients awaiting discharge so that the patients determined appropriate for congregate care, intensive residential treatment programs, community-based programs or other appropriate settings would be admitted to the appropriate setting within fourteen days of their application; and iii) strategies to facilitate care coordination between the department and local education agencies including, but not limited to, recommendations for streamlined communications between local and out-of-district schools, community partners, and other residential-educational settings. The department of developmental services shall submit a copy of the plan, including any budgetary needs, to the executive office of health and human services; the clerks of the senate and house of representatives; the joint committee on mental health, substance use, and recovery, and; the joint committee on children, families, and persons with disabilities within 60 days of the effective date of this act. SECTION 6. There shall be a special commission established for the purposes of making an investigation and study relative to children and adolescents with intensive behavioral health needs whose behavioral health needs, such as acute aggressive, assaultive or otherwise unsafe behaviors, are not adequately addressed through inpatient psychiatric hospitalizations, community based acute treatment (CBAT) services, or existing residential or community treatment models contracted by the Department of Children and Families. The Commission shall consist of 25 members or their designees: the Secretary of Health and Human Services or a designee, who shall serve as chair; the Commissioner of Public Health or a designee; the Commissioner of the Department of Children and Families or a designee; the Commissioner of the Department of Youth Services or a designee; the Commissioner of the Department of Developmental Service or a designee; the Commissioner of the Department of Early Education and Care or a designee; Chief Justice of the Juvenile Court Department or a designee; the Chairs of the Joint Committee on Mental Health, Substance Use and Recovery or their designees; the Chairs of the Joint Committee on Children, Families and Persons with Disabilities or their designees; a representative from the Office of the Child Advocate; a representative from the Association for Behavioral Healthcare, Inc.; a representative from the Massachusetts Health & Hospital Association; a representative from the Massachusetts Association of Behavioral Health Systems; a representative from the Children’s Mental Health Campaign; a representative from the Children’s League of Massachusetts; a representative from the Parent/Professional Advocacy League; a representative from the Massachusetts Behavioral Health Partnership; 6 members to be appointed by the chair, 2 of whom shall be a family member of a child or adolescent with behavioral health needs or who has been involved in the juvenile court system; 3 of whom shall be a behavioral health provider specializing in serving children and adolescents with intensive behavioral health needs; and 1 of whom shall be a clinician or researcher with expertise related to children and adolescents with intensive behavioral health needs. In making appointments, the Secretary shall, to the maximum extent feasible, ensure that the Commission represents a broad distribution of diverse perspectives and geographic regions. The Commission shall: (i) create aggregate demographic and geographic profiles of children and adolescents with intensive behavioral health needs; (ii) examine the current availability of, and barriers to providing, behavioral health services and treatment to children and adolescents with intensive behavioral health needs; (iii) examine existing efforts undertaken by healthcare providers and the existing body of research around best practices for treating children and adolescents with intensive behavioral health needs; including, but not limited to models that promote community involvement and diversion from the juvenile court system; and (iv) examine other matters deemed appropriate by the Commission. All appointments shall be made not later than 30 days after the effective date of this act. The Commission shall submit its findings and recommendations to the Clerks of the Senate and the House of Representatives, the Joint Committee on Mental Health, Substance Use and Recovery, the Joint Committee on Children, Families and Persons with Disabilities and the Senate and House Committees on Ways and Means not later than January 1, 2024. The Secretary of Health and Human Services shall make the report publicly available on the website of the Executive Office of Health and Human Services.

[]

[]

[]

[]

An Act relative to reforming the competency to stand trial process

H1460

HD3291

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T14:12:28.44'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T14:12:28.44'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1460/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1460) of Marjorie C. Decker relative to reforming the competency to stand trial process. The Judiciary.

SECTION 1. Chapter 123 of the General Laws is hereby amended by striking out section 15 and inserting in place thereof the following section:- Section 15: Competence to stand trial or criminal responsibility; examination; period of observation; reports; hearing; commitment; delinquents (a) Whenever a court of competent jurisdiction doubts whether a defendant in a criminal case is competent to stand trial or is criminally responsible by reason of mental illness or mental defect, it may at any stage of the proceedings after the return of an indictment or the issuance of a criminal complaint against the defendant, order an examination of such defendant to be conducted by 1 or more qualified physicians or 1 or more qualified psychologists. Whenever practicable, examinations shall be conducted at the court house or place of detention where the person is being held. When an examination is ordered, the court shall instruct the examining physician or psychologist in the law for determining mental competence to stand trial and criminal responsibility. (b) After the examination described in paragraph (a), if the court has reason to believe that observation and further examination are necessary in order to determine whether mental illness or mental defect have so affected a person that the person is not competent to stand trial or not criminally responsibility for the crime or crimes with which the person has been charged, the court may order that the person submit to observation and further examination to make such a determination. The court may order the person to undergo observation and further examination at a community-based program contracted for by the department pursuant to subparagraph (g) of this section to conduct such observation and examination, or in a facility or, if such person is a male and appears to require strict security, at the Bridgewater state hospital. Any observation and further examination must be completed within 20 days of the court’s order. Copies of the complaints or indictments and the physician's or psychologist's report under paragraph (a) shall be delivered to the community-based program contracted for by the department pursuant to subparagraph (g) of this section, or the facility conducting the observation and examination or to Bridgewater state hospital if the person is found by the court to require strict security. If an examining qualified physician or an examining qualified psychologist completes the observation and examination before the expiration of such 20-day period, the examining qualified physician or examining qualified psychologist shall forthwith notify the court as provided in subparagraph (c) and the court shall arrange for the person’s return to court at the earliest possible occasion. If, before the expiration of such 20-day period, an examining qualified physician or an examining qualified psychologist believes that observation and examination for more than 20 days is necessary, that physician or psychologist shall so notify the court and shall request in writing an extension of the 20-day period, specifying the reason or reasons for which such further observation and examination is necessary. Upon the receipt of such request, the court may extend said observation and examination period, but in no event shall the period exceed 40 days from the date of the initial court order for observation and examination; provided, however, a person confined to a facility or the Bridgewater state hospital may request continued care and treatment during the pendency of the criminal proceedings against such person and if the superintendent or medical director agrees to provide such care and treatment, the court may order the further hospitalization of such person at the facility or the Bridgewater state hospital. (c) At the conclusion of the examination or the observation, the examining physician or psychologist shall forthwith give to the court written signed reports of their findings, including the clinical findings bearing on the issue of competence to stand trial or criminal responsibility. Such reports shall also contain an opinion, supported by clinical findings, as to whether the defendant is in need of treatment and care offered by the department. (d) If on the basis of such reports the court is satisfied that the defendant is competent to stand trial, the case shall continue according to the usual course of criminal proceedings; otherwise the court shall hold a hearing on whether the defendant is competent to stand trial; provided that at any time before trial any party to the case may request a hearing on whether the defendant is competent to stand trial. A finding of incompetency shall require a preponderance of the evidence. If the defendant is found incompetent to stand trial, trial of the case shall be stayed until such time as the defendant becomes competent to stand trial, unless the case is dismissed. (e) After a finding of guilty on a criminal charge, and prior to sentencing, the court may order a psychiatric or other clinical examination and, after such examination, it may also order a period of observation to be carried out at a community-based program contracted for by the department pursuant to subparagraph (g) of this section if the individual is released from custody, or in a facility, or at the Bridgewater state hospital if the court determines that strict security is required and if such person is male. The purpose of such observation or examination shall be to aid the court in sentencing. Such period of observation or examination shall not exceed 40 days. During such period of observation, the superintendent or medical director of a facility in which the person is confined may petition the court for commitment of such person. If the observation and examination pursuant to this section has been conducted at a community-based program contracted for by the department pursuant to subparagraph (g) of this section, and the examining qualified physician or an examining qualified psychologist believes that failure to hospitalize such a person would create a likelihood of serious harm by reason of mental illness, the examining qualified physician or an examining qualified psychologist may apply for the person’s commitment to a facility under the provisions of section 12 of this chapter and shall notify the court. The court, after imposing sentence on said person, may hear the petition as provided in section 18, and if the court makes necessary findings as set forth in section 8, it may in its discretion commit the person to a facility or the Bridgewater state hospital. Such order of commitment shall be valid for a period of 6 months. All subsequent proceedings for commitment shall take place under the provisions of said section 18 in the district court which has jurisdiction of the facility or hospital. A person committed to a facility or Bridgewater state hospital pursuant to this section shall have said time credited against the sentence imposed as provided in paragraph (c) of said section 18. (f) In like manner to the proceedings under paragraphs (a), (b), (c), and (e) of this section, a court may order a psychiatric or psychological examination or a period of observation for an alleged delinquent in the community or in a facility to aid the court in its disposition. Such period shall not exceed 40 days. (g) The department shall coordinate the establishment of, contract for, fund, and provide oversight to a system of geographically dispersed community-based programs to conduct determinations of competency to stand trial and criminal responsibility. These programs shall be available 7 days per week to conduct such determinations and shall accept all referrals from the court which is located in their area of geographic responsibility. These programs shall offer observation and examination regarding competency to stand trial and criminal responsibility and may offer residential services, but the acceptance of residential services shall not be a condition of obtaining a competency or criminal responsibility determination. SECTION 2. Chapter 123 of the General Laws is hereby amended by striking out section 16 and inserting in place thereof the following section:- Section 16: Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges (a) The court having jurisdiction over the criminal proceedings may order that a person who has been found incompetent to stand trial or not guilty by reason of mental illness or mental defect in such proceedings be observed and examined for a period of 40 days at a community-based program or a facility contracted for by the department pursuant to subparagraph (g) of section 15; provided that, if the defendant is a male and if the court determines that the failure to retain him in strict security would create a likelihood of serious harm by reason of mental illness, or other mental defect, it may order such hospitalization at the Bridgewater state hospital; and provided, further, that the combined periods of hospitalization under the provisions of this section and paragraph (b) of section 15 shall not exceed 50 days. (b) During the period of observation of a person believed to be incompetent to stand trial or within sixty days after a person is found to be incompetent to stand trial or not guilty of any crime by reason of mental illness or other mental defect, the district attorney, the superintendent of a facility or the medical director of the Bridgewater state hospital may petition the court having jurisdiction of the criminal case for the commitment of the person to a facility or to the Bridgewater state hospital. If the observation and examination pursuant to this section has been conducted at a community-based program contracted for by the department pursuant to subparagraph (g) of section 15, and the examining qualified physician or an examining qualified psychologist has reason to believe that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness, the examining qualified physician or an examining qualified psychologist may apply for the person’s commitment to a facility under the provisions of section 12 of this chapter and shall notify the court. However, the petition for the commitment of an untried defendant shall be heard only if the defendant is found incompetent to stand trial or if the criminal charges are dismissed after commitment. If the court makes the findings required by paragraph (a) of section 8 it shall order the person committed to a facility; if the court makes the findings required by paragraph (b) of section 8, it shall order the commitment of the person to the Bridgewater state hospital; otherwise the petition shall be dismissed and the person discharged. An order of commitment under the provisions of this paragraph shall be valid for 6 months. In the event a period of observation under the provisions of paragraph (a) has expired, or in the event no such period of examination has been ordered, the court may order the temporary detention of such person in a jail, house of correction, facility or the Bridgewater state hospital until such time as the findings required by this paragraph are made or a determination is made that such findings cannot be made. (c) After the expiration of a commitment under paragraph (b) of this section, a person may be committed for additional 1 year periods under the provisions of sections 7 and 8 of this chapter, but no untried defendant shall be so committed unless in addition to the findings required by sections 7 and 8 the court also finds said defendant is incompetent to stand trial. If the person is not found incompetent, the court shall notify the court with jurisdiction of the criminal charges, which court shall thereupon order the defendant returned to its custody for the resumption of criminal proceedings. All subsequent proceedings for the further commitment of a person committed under this section shall be in the court which has jurisdiction of the facility or hospital. (d) The district attorney for the district within which the alleged crime or crimes occurred shall be notified of any hearing conducted for a person under the provisions of this section or any subsequent hearing for such person conducted under the provisions of this chapter relative to the commitment of the person with mental illness and shall have the right to be heard at such hearings. (e) Any person committed to a facility under the provisions of this section may be restricted in movements to the buildings and grounds of the facility at which the person is committed by the court which ordered the commitment. If such restrictions are ordered, they shall not be removed except with the approval of the court. If the superintendent seeks removal or modification of such restriction, the superintendent shall notify the district attorney who has or had jurisdiction of the relevant criminal case. If, after the superintendent communicates the superintendent's intention to remove or modify such restriction in writing to the court and the district attorney who has or had jurisdiction of the relevant criminal case, neither the court nor the district attorney makes written objection to such removal or modification within 14 days of receipt of the notice, such restriction shall be removed by the superintendent. If the superintendent or medical director of the Bridgewater state hospital intends to discharge a person committed under this section or at the end of a period of commitment intends not to petition for their further commitment, they shall notify the court and district attorney which have or had jurisdiction of the criminal case. Within 30 days of the receipt of such notice, the district attorney may petition for commitment under the provisions of paragraph (c). During such 30 day period, the person shall be held at the facility or hospital. This paragraph shall not apply to persons originally committed after a finding of incompetence to stand trial whose criminal charges have been dismissed. (f) If a person is found incompetent to stand trial, the court shall send notice to the department of correction which shall compute the date of the expiration of the period of time equal to the time of imprisonment which the person would have had to serve prior to becoming eligible for parole if they had been convicted of the most serious crime with which they were charged in court and sentenced to the maximum sentence they could have received, if so convicted. For purposes of the computation of parole eligibility, the minimum sentence shall be regarded as 1 half of the maximum sentence potential sentence. Where applicable, the provisions of sections 129, 129A, 129B, and 129C of chapter 127 shall be applied to reduce such period of time. On the final date of such period, the court shall dismiss the criminal charges against such person, or the court in the interest of justice may dismiss the criminal charges against such person prior to the expiration of such period. (g) The department shall establish a forensic navigators program to help guide, support, and advocate for persons involved in the criminal court system and who, pursuant to this chapter, have been ordered to undergo observation and evaluation for competency to stand trial or criminal responsibility pursuant to section 15, or ordered to undergo restoration of competency pursuant to this section, or who have been committed to a facility or the Bridgewater state hospital pursuant to subsection (b) of this section. Such forensic navigators shall serve as interim case managers and community liaisons for such persons. A forensic navigator shall be offered to persons who receive court orders for competency evaluations, subject to available department resources. No penalty shall be imposed on persons who decline to accept the services of a forensic navigator. The department shall promulgate regulations to govern the forensic navigator program and the services provided by forensic navigators. SECTION 3. Special Commission to Collect Data on Competency to Stand Trial and Criminal Responsibility Determinations and to Recommend Reforms to These Processes Notwithstanding any general or special law to the contrary, there shall be a special commission established to review and develop recommendations and best practices for evaluations of competency to stand trial and criminal responsibility conducted pursuant to sections 15 and 16 of chapter 123, including an analysis of the settings in which such evaluations are conducted. The commission shall be co-chaired by the secretary of the executive office of health and human services, or his or her designee, and the chief justice of the trial court or his or her designee. The commission shall solicit input from the chairs of the joint committee on the judiciary, the chairs of the joint committee on mental health, substance use and recovery, the secretary of public safety and security, the Massachusetts Psychiatric Society, the Massachusetts Psychological Association, the Committee for Public Counsel Services, the Massachusetts Association for Mental Health, the Association for Behavioral Healthcare, the Mental Health Legal Advisors Committee, and the Wildflower Alliance. The commission shall gather and consider data related to number of persons held for observation and examination conducted pursuant to Section 15(a), 15(b), 16(a) and 16(b) of chapter 123, including, for each of these sections, the number of persons found to be competent to stand trial, incompetent to stand trial, criminally responsible and not criminally responsible, the average and median length of stay for those held pursuant to sections 15(a), 15(b), 16 (a) and 16(b), and the profession of providers conducting evaluations under these sections and outcome of determinations by these provider types; provided further, that data shall be stratified, where available, by age, race, ethnicity, gender identity, sexual orientation, individuals with Autism Spectrum Disorder, intellectual or developmental disabilities and persons experiencing homelessness; provided further, that the commission shall review up to 3 years of records of competency and criminal responsibility determinations and related hospitalizations with variation of factors to allow for data representative of the Commonwealth as a whole; provided further that the commission shall gather and evaluate potential reforms to the processes by which individuals are evaluated for competency to stand trial and criminal responsibility and the processes by which individuals are attempted to be restored to competency and shall make recommendations regarding possible reforms to these processes; provided further, that not later than June 30, 2024, the commission shall submit a report to the house and senate committees on the judiciary and the clerks of the senate and house of representatives with its findings and recommendations.

[]

[]

[]

[]

An Act relative to juvenile fees, fines, and restitution

H1461

HD3926

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T15:24:00.64'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T15:24:00.64'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T16:45:01.36'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-13T16:45:01.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1461/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1461) of Marjorie C. Decker relative to juvenile fees, fines, and restitution. The Judiciary.

SECTION 1. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 29A. SECTION 2. Section 55 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the following words from the first paragraph:- A parent, guardian or person with whom such child resides who is summoned to appear before the court to show cause why such child shall not be adjudged a delinquent child by reason of having committed the offense of willful or malicious destruction or wanton destruction of property, in violation of the provisions of section one hundred and twenty-seven or one hundred and twenty-seven A of chapter two hundred and sixty-six, and who willfully fails to so appear shall be punished by a fine of not less than two hundred nor more than three hundred dollars. SECTION 3. Section 58B of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “ section sixty-two" the following words:- subject to a determination of the youth's ability to pay. Restitution shall not be ordered in excess of the youth’s ability to pay and the length of time it may take a youth to pay may not be considered in determining the length of probation.”, and by amending it further by striking out the following words “; and in addition to or in lieu of such disposition, the court may impose upon such child a fine not exceeding the amount of the fine authorized for the violation of such statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section shall be collected, recovered and paid over in the manner provided by chapters two hundred and seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and brought before the court, which may thereupon place him in the care of a probation officer or commit him to the custody of the department of youth services; but no such child shall be committed to any jail, house of correction, or correctional institution of the commonwealth. SECTION 4. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 58C. Notwithstanding any general or special law or rule or regulation to the contrary, no fine or fee shall apply to any person based on an offense committed while under the age of criminal majority or the person’s parent, guardian, or legal custodian. SECTION 5. Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 62, and inserting in its place the following:- Section 62. If, in adjudging a person a delinquent child, the court finds, as an element of such delinquency, that he has committed an act involving liability in a civil action, and such delinquent child is placed on probation, the court may hold a restitution hearing. There shall be no mandatory order of restitution, and any order shall be made at the discretion of the presiding judge. At a restitution hearing, the court shall make a determination of a youth’s ability to pay. The amount set may not exceed the youth’s ability to pay and the length of time it may take a youth to pay may not be taken into consideration in determining the length of probation. The youth’s term of probation shall not be extended or revoked solely based upon the nonpayment of restitution. There shall be a presumption of inability to pay, which may be rebutted at a restitution hearing by evidence establishing that the youth (1) has an income that is 250% of the federal poverty line, independent of parental or other family income; (2) is not currently incarcerated, detained, or in out-of-home placement, and (3) is not receiving needs-tested government benefits, including but not limited to free school lunch, SNAP, TANF, SSI, or housing assistance. A juvenile for whom restitution is ordered who is not able to make restitution payments in the manner ordered by the court may move the court for a modification of the restitution order. If the court determines the juvenile is unable to pay the restitution in the time and manner ordered, the court may modify its prior order to allow additional time for payment, reduce the amount of restitution, or eliminate the amount of restitution ordered. SECTION 6. Section 63 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “any person” in line 1 the following words:- over the age of criminal majority when charged. SECTION 7. Section 69 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “warrant for his arrest” the following language:- except that a warrant may not issue solely for nonpayment of fines or fees. SECTION 8. Section 145 of Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section (e) and inserting in its place the following:- (e) A justice of the trial court shall not commit a person to a prison, place of confinement or the department of youth services solely for the non-payment of money based on conduct that occurred committed while under the age of criminal majority. SECTION 9. Section 2 of Chapter 211D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “motor vehicles,” the following words:- No one accused of committing an offense while under the age of criminal majority will be assessed any fee for the appointment of counsel. SECTION 10. Section 2A of Chapter 211D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in subsection (f), the words “under 18 years of age,” and inserting in place thereof the following:- alleged to have committed an offense committed while under the age of criminal majority, SECTION 11. Chapter 258B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out Section 8 and inserting in its place the following:- Section 8. The court shall impose an assessment of no less than $90 against any person who is convicted of a felony or against whom a finding of sufficient facts for a conviction is made on a complaint charging a felony committed when over the age of criminal majority. . The court shall impose an assessment of $50 against any person who is convicted of a misdemeanor or against whom a finding of sufficient facts for a conviction is made on a complaint charging a misdemeanor when over the age of criminal majority. The court shall impose an additional domestic violence prevention and victim assistance assessment of $50 for: (i) any violation of an order issued pursuant to sections 18 or 34B of chapter 208, section 32 of chapter 209, sections 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; (ii) a conviction for an act which would constitute abuse, as defined in section 1 of chapter 209A; or (iii) a violation of section 13M or 15D of chapter 265, which shall be deposited in the Domestic and Sexual Violence Prevention and Victim Assistance Fund, established in section 20 of chapter 17. The court, including the clerk-magistrate, or the registrar of motor vehicles shall impose an assessment of $45 against any violator who fails to pay the scheduled civil assessment for a civil motor vehicle infraction or to request a noncriminal hearing within the twenty day period provided for in subsection (A) of section three of chapter ninety C, except where the person is required by law to exercise the right to pay before a justice. When multiple civil motor vehicle infractions arising from a single incident are charged, the total assessment shall not exceed $75. In the discretion of the court or the clerk magistrate in the case of a civil motor vehicle infraction that has not been heard by or brought before a justice, a civil motor vehicle assessment imposed pursuant to this section which would cause the person against whom the assessment is imposed severe financial hardship, may be reduced or waived. If it is determined by a written finding of fact that an assessment, other than for a civil motor vehicle infraction imposed by this section would cause a substantial financial hardship to the person against whom the assessment is imposed or the person's immediate family or the person's dependents, the court may waive the fee or structure a payment plan in order to ensure compliance with payment; provided, however, that the court may order a person required to pay a domestic violence prevention and victim assistance assessment to complete at least 8 hours of community service in order to satisfy such assessment, if a structured payment would continue to impose a severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus. All such assessments made shall be collected by the court or by the registrar, as the case may be, and shall be transmitted monthly to the state treasurer. If the person convicted is sentenced to a correctional facility in the commonwealth, the superintendent or sheriff of the facility shall deduct any part or all of the monies earned or received by any inmate and held by the correctional facility, to satisfy the victim and witness assessment, and shall transmit such monies to the court monthly. The assessment from any conviction which is subsequently overturned on appeal shall be refunded by the court to the person whose conviction is overturned. Said court shall deduct such funds from the assessments transmitted to the state treasurer. Assessments pursuant to this section shall be in addition to any other fines or restitution imposed in any disposition. When a determination of the order of priority for payments required of a defendant must be made by the court or other criminal justice system personnel required to assess and collect such fines, assessments or other payments, the victim and witness assessment and the domestic violence prevention and victim assistance assessment mandated by this section shall be the defendant's first obligation. SECTION 12. Section 1 of Chapter 258C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following language in the definition of the word “victim” after the word “death”:- a person who suffers a financial loss as the result of a crime committed by a person under the age of criminal majority, or personal physical or psychological injury or death: SECTION 13. Section 2 of Chapter 258C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:- Section 2. (a) No compensation shall be paid under this chapter unless the division finds that a crime was committed and that such crime (i) was committed by a person under the age of criminal majority and resulted in a financial loss to the victim or (ii) directly resulted in personal physical or psychological injury to, or death of, the victim. (b) No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the division finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime; provided, however, that a claimant who was a victim under 18 years of age shall not be required to file such report within 5 days. (c) A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim suffered a financial loss as a result of a crime committed by a person under the age of criminal majority or was injured or killed unless the claimant demonstrates that he possesses or possessed a reasonable excuse for failing to cooperate. (d) A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to regulations enacted in accordance with section four to prevent unjust enrichment, be denied compensation because of such claimant's or victim's familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender. (e) An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim's acts or conduct provoked or contributed to the injuries, the division may reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four. In the event of a victim's death by homicide, an award may be reduced except that the costs for appropriate and modest funeral, burial or cremation services shall be paid by the fund. [There is no subsection (f).] (g) The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorney’s fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The division may include as part of its award, reasonable attorney’s fees to be determined by the division in an amount not to exceed fifteen percent of the total award for compensation. SECTION 14. Section 30 of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in the first sentence after the words “any person,” the following:- excepting individuals alleged to have committed an offense while under the age of criminal majority, SECTION 15. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out before (ii) the word “or” and inserting in the first paragraph after the words “written certification,” the following words:- or (iii) solely on the basis of nonpayment of a fine, fee, restitution, or other monetary obligation imposed as a result of an offense committed while under the age of criminal majority. SECTION 16. Section 87A of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:- Notwithstanding this section or any other general or special law to the contrary, no fee or surcharge required pursuant to this section shall be assessed upon any person placed on probation for an offense committed while under the age of criminal majority. SECTION 17. On the effective date of this section, the balance of any court-assessed or court-ordered costs imposed against a juvenile, or other person who is liable for the support of a juvenile, are unenforceable and not collectable. SECTION 18. Section 178Q of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “upon every sex offender” the following:- except those who committed their offense while under the age of criminal majority.

[]

[]

[]

[]

An Act to protect victims of rape and children conceived during the commission of said offense

H1462

HD2696

{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T15:38:29.123'}

[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T15:38:29.1233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T15:44:39.3766667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:29:14.59'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:32:37.5733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1462/DocumentHistoryActions

Bill

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1462) of David F. DeCoste and others relative to victims of rape and children conceived during the commission of said offense. The Judiciary.

SECTION 1. Chapter 209 of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 39. Notwithstanding the provisions of section 38, a married woman may file a petition with the court to terminate her husband’s parental rights pursuant to this section. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that a child of the marriage was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section. SECTION 2. Chapter 209C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 1 the following subsection:- Section 1A. Notwithstanding section 10, the mother of a child who was born as a result of an act of rape as set forth in this section may file a petition with the court to terminate the perpetrator’s parental rights. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that the child was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section.

[]

[]

[]

[]

An Act relative to unborn victims of violence

H1463

HD2765

{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:07:13.313'}

[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:07:13.3133333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T15:46:29.06'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:35:09.9766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1463/DocumentHistoryActions

Bill

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1463) of David F. DeCoste, Kelly W. Pease and Joseph D. McKenna relative to the injury or termination of human embryos and fetuses prior to birth. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 265 the following chapter 265A CHAPTER 265A UNBORN VICTIMS OF VIOLENCE Section1. This chapter shall be known and may be cited as the “Unborn Victims of Violence Act.” Section 2. For purposes of this Act, unless the context indicates otherwise, the following words shall have the following meanings: “Bodily injury”: a substantial impairment of the physical condition, including any burn, fracture of any bone, subdural hematoma, injury to any internal organ, any injury which occurs as the result of repeated harm to any bodily function or organ, including human skin or any physical condition which substantially imperils an unborn child’s health or welfare. “Serious bodily injury”: bodily injury which creates a permanent disfigurement; protracted loss or impairment of function of a body member, limb or organ; or substantial risk of death and includes, but is not limited to, the birth of an unborn child prior to thirty-seven weeks gestational age, if the child weighs 2,500 grams or less at the time of birth. As used in this section, “serious bodily injury,” does not include the inducement of the unborn child’s birth when done for bona fide medical purposes. “Unborn child”: the individual human life in existence and developing from conception until death. “Any person”: does not include the pregnant woman whose unborn child is killed or injured. “Without lethal justification”: acting under circumstances in which the use of lethal force is not legally justified. Section 3. Murder of an unborn child; punishment (a) Any person, who without lawful justification, causes the death of an unborn child commits murder of an unborn child in the first degree, if that person acts with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life. (b) Any person, who without lawful justification, commits murder of an unborn child that does not appear to be murder in the first degree, commits murder of an unborn child in the second degree. (c) The degree of murder shall be found by a jury. (d) Except as provided in subsection (e), any person who is found guilty of murder of an unborn child in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127. (e) Any person, who is found guilty of murder of an unborn child in the first degree, who committed the offense on or after that person’s fourteenth birthday and before the person’s eighteenth birthday, shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court, pursuant to section 24 of chapter 279. (f) Any person, who is found guilty of murder of an unborn child in the second degree, shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279. (g) Any person, whose sentence for murder of an unborn child is commuted by the governor and council pursuant to section 152 of chapter 127, shall thereafter be subject o the laws governing parole. Section 4. Voluntary manslaughter of an unborn child; punishment. Voluntary manslaughter of an unborn child is punishable by imprisonment in the state prison for not more than twenty years, or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and half years. Section 5. Involuntary manslaughter of an unborn child; punishment. Involuntary manslaughter of an unborn child is punishable by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and a half years. Section 6. Assault upon an unborn child; punishment. (a) Any person, who without legal justification, does any of the following commits assault upon an unborn child: (1) does any act with the intent to cause fear of immediate bodily harm to a woman, knowing or having reason to know that she is pregnant, or with the intent to cause fear of the death of her unborn child to a woman, knowing or having reason to know that she is pregnant; or (2) intentionally inflicts, or attempts to inflict, bodily injury on an unborn child, who is subsequently born alive. (b) Assault upon on unborn child shall be punished by imprisonment for not more than two and a half years in a house of correction, or by a fine of not more than one thousand dollars. Section 7. Battery upon an unborn child; punishment. (a) Any person, who without legal justification, inflicts serious bodily injury upon an unborn child, who is subsequently born alive, by intentionally or knowingly touching a woman without her consent, knowing or having reason to know that she is pregnant, commits battery of an unborn child. (b) Battery of an unborn child, resulting in serious bodily injury shall be punished by imprisonment in the state prison for not more than five years or imprisonment in a house of correction for not more than two and a half years or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Section 8. Assault and battery upon an unborn child; punishment. (a) Any person who commits an assault and battery upon an unborn child and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years or imprisonment in a house of correction for not more than two and a half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. (b) Any person who commits and assault and battery upon an unborn child and by such assault and battery causes serious bodily injury shall be punished by imprisonment in the state prison for not more than fifteen years or imprisonment in a house of correction for not more than two and a half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Section 9. Exceptions. This Act does not apply to: (a) Acts which cause the death of an unborn child, if those acts were committed during a legal abortion to which the pregnant woman consented. (b) Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Section 10. Other convictions not barred. A prosecution for, or conviction under, this Act is not a bar to conviction of, or punishment for, any other crime committed by the defendant as part of the same conduct.

[]

[]

[]

[]

An Act relative to capital punishment for the murder of law enforcement officers

H1464

HD3532

{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-18T20:32:05.11'}

[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-18T20:32:05.11'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:27:33.48'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:34:58.2166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-19T06:30:33.4466667'}, {'Id': None, 'Name': "Shaunna O'Connell", 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:56:59.25'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1464/DocumentHistoryActions

Bill

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1464) of David F. DeCoste and others relative to capital punishment for the murder of law enforcement officers. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 1 the following section:- Section 1A. (a) Whoever, having reached 18 years of age or older, murders a law enforcement officer, as defined in this section, either knowing that the victim was a law enforcement officer engaged in the performance of his or her duties or in retaliation for performance of his or her duties, or both, and: (i) intentionally kills the victim; (ii) intentionally inflicts serious bodily injury that resulted in the death of the victim; (iii) intentionally participates in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim dies as a direct result of the act; or (iv) intentionally and specifically engages in an act of violence, knowing that the act creates a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constitutes a reckless disregard for human life and the victim dies as a direct result of the act, is guilty of capital murder and shall be punished by death or imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127 following a presentence hearing conducted under chapter 279. (b) For purposes of this section, “law enforcement officer” shall mean a correction officer or a person exercising the authority of a police officer, sheriff, or deputy sheriff. SECTION 2. Chapter 279 of the General Laws, as so appearing, is hereby amended by striking out section 68 and inserting in place thereof the following section:- Section 68. (a) Upon a verdict or plea of guilty to the offense of capital murder set forth in section 1A of chapter 265, a presentence hearing shall be conducted. If the case was tried before a jury, the hearing shall be conducted before such jury. (b) The presentence hearing may be conducted before the court alone if the defendant and the commonwealth stipulate to a court hearing. In that event the court shall consider the aggravating and mitigating circumstances and decide the sentence in the same manner as is provided in this section for the jury. (c) During the presentence hearing, the only issue shall be the determination of the punishment to be imposed. During such hearing the jury shall hear all additional relevant evidence presented by either the commonwealth or defendant in mitigation of punishment regardless of its admissibility under the law governing the admission of evidence at criminal trials. During such hearing, the jury shall also hear such evidence in aggravation of punishment as is relevant to the aggravating circumstances as defined in subsection (a) of section 69; provided, however, that only such evidence in aggravation of punishment as the commonwealth has made known to the defendant prior to his trial or that is introduced as rebuttal to the defendant’s evidence shall be admissible. The jury shall also hear arguments by the defendant or his or her counsel or both and by the commonwealth regarding the punishment to be imposed. The commonwealth and the defendant or his or her counsel shall be allowed to make opening statements and closing arguments at the presentence hearing. The order of those statements and arguments and the order of presentation of evidence shall be the same as at trial. (d) Upon the conclusion of evidence and arguments at the presentence hearing, the court shall instruct the jury orally and shall provide to the jury in writing the aggravating and mitigating circumstances as determined by the court to be warranted by the evidence. The judge shall also instruct the jury to consider any other relevant mitigating circumstance or mitigating circumstances. The burden of establishing the existence of any aggravating factor is on the commonwealth, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the evidence. (e) The jury shall return special findings identifying the aggravating and mitigating circumstances found to exist. An aggravating circumstance may be found only if the jury is unanimous. A finding with respect to a mitigating circumstance may be made by 1 or more members of the jury, and any member of the jury who finds the existence of a mitigating circumstance may consider such circumstance established for purposes of this section regardless of the number of jurors who concur that the circumstance has been established. The jury’s findings shall indicate how many jurors found each mitigating circumstance to have been established. (f) The jury shall further determine whether the aggravating circumstances outweigh the mitigating circumstances. Based upon this consideration, the jury by unanimous vote shall return a verdict whether the defendant should be sentenced to death or to life imprisonment without the possibility of parole. The process of weighing the aggravating circumstances and mitigating circumstances to determine the sentence shall not be a mere tallying of circumstances for the purpose of numerical comparison. Instead, it shall be a process by which the aggravating circumstances and mitigating circumstances relevant to sentence are considered for the purpose of determining whether the sentence, in view of all the relevant circumstances in an individual case, shall be life imprisonment without parole, or death. (g) If the jury reaches a unanimous verdict as to sentence, the court shall set a sentence in accordance with section 70. If the jury is unable to reach a unanimous verdict, the court shall sentence the defendant to imprisonment in the state prison for life, and the defendant shall not be eligible for parole pursuant to section 133A of chapter 127. (h) The declaration of a mistrial during the course of the presentence hearing or any error in the presentence hearing determined on final appeal or otherwise shall not affect the validity of the conviction. SECTION 3. Said chapter 279, as so appearing, is hereby amended by striking out section 69 and inserting in place thereof the following section:- Section 69. (a) In all cases in which the death penalty may be authorized, the sentencer shall consider the following aggravating circumstances: (1) the murder was committed on a victim who was killed while serving in the performance of his or her official duties as a law enforcement officer as defined in subsection (b) of section 1A of chapter 265. (2) the murder was committed by a defendant who was at the time incarcerated in a jail, house of correction, prison, state prison or a correctional or penal institution or a facility used for the housing or treatment or housing and treatment of prisoners or following escape from any of those facilities; (3) the murder was committed by a defendant who had previously been convicted of any crime of violence; (4) the murder was committed by the defendant pursuant to a contract, agreement or understanding by which the defendant was to receive money or anything of value in return for committing the murder; (5) the murder was committed by the defendant for the purpose of avoiding, interfering with, or preventing a lawful arrest of the defendant or another, or the murder was committed by the defendant for the purpose of effectuating an escape or attempting to effectuate an escape of the defendant or another from custody in a place of lawful confinement; (6) the murder involved torture to the victim or the intentional infliction of extreme pain prior to death demonstrating a total disregard to the suffering of the victim; (7) the murder was committed as part of a course of conduct involving the killing of or causing serious bodily injury to or the attempted killing of or the attempted causing of serious bodily injury to more than 1 person by the defendant; (8) the murder was committed by means of a destructive device, bomb, or explosive planted, hidden, mailed, delivered, or concealed in any place, area, dwelling, building, or structure by the defendant or the murder was committed by means such that the defendant knew or reasonably should have known that his or her act or acts would create a grave risk of death or serious bodily injury to more than 1 person; (9) the murder was committed by the defendant and occurred during the commission or attempted commission or flight after committing or flight after attempting to commit aggravated rape, rape, rape of a child, indecent assault and battery on a child under14 years of age, assault with intent to rape, assault on a child under 16 years of age with intent to rape, kidnapping for ransom, kidnapping, armed robbery, unarmed robbery, breaking and entering with intent to commit a felony, armed assault in a dwelling, arson, confining or putting in fear or otherwise harming another for the purpose of stealing from depositories, or the murder occurred while the defendant was in possession of a sawed-off shotgun or a machine gun; and (10) any other circumstances of the crime, previous offenses by the defendant, or the impact of the crime on the victim or the victim’s family that the commonwealth proffers and for which the requirements of paragraph (c) of section 68 are met. (b) In all cases in which the death penalty may be authorized, the sentencer shall consider the following mitigating circumstances: (1) the defendant has no significant history of prior criminal convictions; (2) the victim was a participant in the defendant's conduct or had consented to it; (3) the murder was committed while the defendant was under extreme duress or under the domination or control of another; (4) the offense was committed while the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was impaired as a result of a mental disease or defect, organic brain damage, emotional illness brought on by stress or prescribed medication, intoxication, or legal or illegal drug use by the defendant which was insufficient to establish a defense to the murder but which substantially affected his or her judgment; (5) the defendant was over the age of 75 at the time of the murder, or any other relevant consideration regarding the age of the defendant at the time of the murder; (6) the defendant was battered or otherwise physically, sexually, or mentally abused by the victim in connection with or immediately prior to the murder for which the defendant was convicted; (7) the defendant was experiencing post-traumatic stress syndrome caused by military service during a declared or undeclared war; and (8) other factors in the defendant’s background, record, or character or any other circumstance of the offense that mitigate against imposition of the death sentence.

[]

[]

[]

[]

An Act relative to rent escrow

H1465

HD4051

{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-20T16:36:13.173'}

[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-20T16:36:13.1733333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:27:34.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1465/DocumentHistoryActions

Bill

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1465) of David F. DeCoste and Joseph D. McKenna relative to rent escrow. The Judiciary.

The fourth paragraph of section 8A of chapter 239 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following 4 sentences:- If the originally scheduled trial date is continued for any reason, and upon motion of any party, the court shall, after a hearing, require the tenant or occupant intending to invoke this section to deposit with the clerk of the court, the plaintiff’s attorney or other secure depository the amount: (1) due for use and occupancy each month or (2) due upon the frequency required pursuant to the rental agreement; provided, that said amounts shall include any amount due from the start of withholding, calculated according to the fair market value of the premises. Said amounts shall be held in escrow pending final disposition of the summary process action. Upon final disposition of the summary process action, amounts held in escrow shall go first to repairs. If a tenant or occupant fails to comply with an order requiring deposit, the court, upon motion, shall order the matter to be scheduled for bench trial at the earliest date available and make such further orders as the court deems just.

[]

[]

[]

[]

An Act related to Down syndrome

H1466

HD4066

{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-20T16:47:21.84'}

[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-20T16:47:21.84'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T15:47:23.5166667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:14:43.6233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1466/DocumentHistoryActions

Bill

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1466) of David F. DeCoste, Joseph D. McKenna and Alyson M. Sullivan-Almeida relative to performing or attempting to perform abortions sought because of Down syndrome. The Judiciary.

Section 1. This chapter shall be known and may be cited as the “Unborn Victims of 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 woman, if the person has knowledge that the pregnant female woman 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 fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than fifteen thousand dollars, 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 woman 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.

[]

[]

[]

[]

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

H1467

HD2889

{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T12:55:57.73'}

[{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T12:55:57.73'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:02:45.9466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T12:56:50.92'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:35:08.8066667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:47:16.2233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1467/DocumentHistoryActions

Bill

By Representative D'Emilia of Bridgewater, a petition (accompanied by bill, House, No. 1467) of Angelo L. D'Emilia and others 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.

[]

[]

[]

[]

An Act relative to prison mitigation

H1468

HD2899

{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T17:52:51.857'}

[{'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T17:52:51.8566667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:29:04.6733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1468/DocumentHistoryActions

Bill

By Representative D'Emilia of Bridgewater, a petition (accompanied by bill, House, No. 1468) of Angelo L. D'Emilia and Jonathan D. Zlotnik for legislation to establish a prison mitigation fund for cities and towns hosting Department of Correction facilities. The Judiciary.

SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 71 the following:- Section 72. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Prison Mitigation Fund, which shall be used exclusively for cities and towns hosting department of correction facilities. Amounts credited to the fund shall be administered by the department of correction. There shall be credited to the fund, revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and investment income earned on the fund’s assets, and all other sources. Money remaining in the fund at the end of the fiscal year shall not revert to the General Fund. One hundred per cent of the monies deposited in the fund, but not less than $2,500,000 in the aggregate, in each fiscal year shall be distributed to each said city and town in accordance with the following formula: the aggregate amount in the fund divided by the average daily prisoner population at all department of correction facilities, multiplied by the average daily prisoner population located within said city or town.

[]

[]

[]

[]

An Act relative to the repeal or reform of certain unenforceable or unconstitutional archaic laws on religion, piety, and morality

H1469

HD3119

{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T09:04:14.65'}

[{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T09:04:14.65'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:51:29.1033333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-07T13:58:42.6333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:30:05.2666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1469/DocumentHistoryActions

Bill

By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 1469) of Kate Donaghue, Lindsay N. Sabadosa and Patrick Joseph Kearney relative to the repeal or reform of certain archaic laws on religion, piety, and morality. The Judiciary.

SECTION 1. Section 30 of Chapter 71 of the General Laws is hereby repealed. SECTION 2. Section 31 of Chapter 71 of the General Laws is hereby amended by striking the first sentence. SECTION 3. Section 15 of Chapter 233 is hereby amended by striking the wording in its entirety and inserting in place thereof the following:- In all cases in which an oath or affirmation of truthfulness is required by law, the oath or affirmation shall make no religious reference and the person administrating the oath or affirmation shall require only that the person taking the oath or affirmation hold up his or her hand and affirm that the testimony or declaration is truthful and, when appropriate, made under the penalties of perjury. SECTION 4. Sections 16 through 19 of Chapter 233 of the General Laws are hereby repealed. SECTION 5. Section 26 of Chapter 272 of the General Laws is hereby repealed. SECTION 6. Section 29 of Chapter 272 of the General Laws is hereby repealed. SECTION 7. Section 34 of Chapter 272 of the General Laws is hereby repealed. SECTION 8. Section 35 of Chapter 272 of the General Laws is hereby repealed. SECTION 9. Section 36 of Chapter 272 of the General Laws is hereby repealed.

[]

[]

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

[]

An Act providing immediate childcare assistance to homeless families

H147

HD3061

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:08:59.257'}

[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:08:59.2566667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T13:56:59.3866667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-09T20:02:05.53'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-09-14T11:20:12.2233333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-22T22:33:23.2'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:32:09.52'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-09-18T10:55:34.3466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:32:32.4533333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:43:47.0266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-17T16:32:18.0566667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:49:05.95'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:15:13.8466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H147/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 147) of Marjorie C. Decker and others relative to childcare assistance to homeless families. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 15D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 19. (a) A family placed in temporary emergency assistance shelter and receiving TAFDC assistance from the department of transitional assistance shall be eligible for the department of early education and care’s homeless child care assistance vouchers when the family first arrives at the shelter and at any time the family chooses while residing in the shelter regardless of whether they meet work requirements as determined by the department of transitional assistance. (b) A family who meets the McKinney-Vento Homelessness Assistance Act definition of homeless and is receiving TAFDC assistance from the department of transitional assistance shall be eligible for the department of early education and care’s homeless child care assistance vouchers. {regardless of whether they meet work requirements as determined by the Department of Transitional Assistance} (c) A letter verifying shelter residency will qualify a family receiving TAFDC assistance for a full-time childcare referral from the department of transitional assistance. (d) Upon (i) a family’s entry to a temporary emergency assistance shelter, domestic violence shelter, substance abuse and recovery shelter or non-emergency assistance shelter, or (ii) upon family’s receipt of a letter from EEC or its designees verifying that a family meets the McKinney-Vento Homelessness Assistance Act definition of homeless, any of the family’s children ages zero to three years shall be considered as qualifying for early intervention services according to DPH operational standards. This qualification shall ensure eligibility for services regardless of the presence or absence of other relevant risk factors, and qualification shall begin from the date of their entry into shelter or receipt of McKinney-Vento verification letter and continue for one year after their exit from shelter or receipt of McKinney-Vento verification letter. SECTION 2. The department shall adopt regulations or policies and remove procedural barriers for the administration of this act within 90 days of the effective date of this act.

[]

[]

[]

[]

An Act designating right of disposition

H1470

HD2984

{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:08:55.217'}

[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:08:55.2166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1470/DocumentHistoryActions

Bill

By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1470) of Daniel M. Donahue relative to certain funeral service contracts. The Judiciary.

Title XVI Chapter 115 Section 1. A person, who is 18 years of age or older and of sound mind, by entering into a pre-need funeral service contract as defined in 239 CMR 4.01 or by providing instructions in a written and sworn affidavit, may direct the location, manner and conditions of disposition of the person's remains, and the arrangements for funeral goods and services to be provided upon the person's death. The disposition directions and funeral prearrangements that are contained in a pre-need funeral services contract shall not be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person who the decedent has appointed in the pre-need funeral services contract as the person authorized to cancel or revise the terms of the pre-need funeral services contract, or unless any resources set aside to fund the pre-need funeral services contract are insufficient under the terms of the pre-need funeral services contract to carry out the disposition directions and funeral prearrangements contained therein. Section 2. Except as set forth in Section (4), the right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named, provided such person is 18 years or older and is of sound mind: a)(1) A person designated by the decedent as the person with the right to control the disposition in an affidavit executed in accordance with Section 3; or (2) a person designated in the federal Record of Emergency Date Form DO 93, or its successor form, to have the right of disposition by a member of the military who dies while under active duty orders as described in 10 U.S.C. 1481. b)The surviving spouse. c)The sole surviving child of the decedent, or if there is more than one child of the decedent, the majority of the surviving children. However, less than one-half of the surviving children shall be vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children. d)The surviving parent or parents of the decedent. If one of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent. e)The surviving brother or sister of the decedent, or if there is more than one sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings. f)The surviving grandparent of the decedent, or if there is more than one surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents. g)The guardian of the person of the decedent at the time of the decedent's death, if one had been appointed. h)The personal representative of the estate of the decedent. i)The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition. j)If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of decedent's remains. k)In the absence of any person under subsections (a) through (j) of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under subsections (a) through (j) of this section. Section 3. A person who is 18 years of age or older and of sound mind wishing to authorize another person to control the disposition of his or her remains may execute an affidavit before a notary public in substantially the following form: "State of :----- } County of ----- } I, ---------------------------------do hereby designate ---------------------------with the right to control the disposition of my remains upon my death. I ______have/ ______have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions. Subscribed and sworn to before me this ______.day of the month of ______.of the year ______. ___________________ (signature of notary public)" Section 4. A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next qualifying person as listed in Section (2), in the following circumstances: a)Any person charged with first or second degree murder or voluntary manslaughter in connection with the decedent's death, and whose charges are known to the funeral director; provided, however that if the charges against such person are dismissed, or if such person is acquitted of the charges, the right of disposition is returned to the person. b)Any person who does not exercise his or her right of disposition within two days of notification of the death of decedent or within three days of decedent's death, whichever is earlier. c)If the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of decedent's death. d)Where the probate court pursuant to Section (5) below determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subdivision, "estranged" means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust and regard for the decedent. Section 5. Notwithstanding the foregoing, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court's determination under this section: a)If the persons holding the right of disposition are two or more persons with the same relationship to the decedent, and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter. b)In making a determination under this Section, the probate court shall consider the following: (1)The reasonableness and practicality of the proposed funeral arrangements and disposition. (2)The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition. (3)The desires of the person or persons who are ready, able and willing to pay the cost of the funeral arrangements and disposition. (4)The convenience and needs of other families and friends wishing to pay respects. (5)The desires of the decedent. (6)The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect. c)In the event of a dispute regarding the right of disposition, a funeral home is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this section, the funeral home may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. This section may not be construed to require or to impose a duty upon a funeral home to bring an action under this section. A funeral home and its employees may not be held criminally or civilly liable for choosing not to bring an action under this section. d)Except to the degree it may be considered by the probate court under clause (b)(3) of Section 4 above, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. Section 6. Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral home shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements; provided that no other person in such class provides written notice of his or her objections to the funeral home. Section 7. No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.

[]

[]

[]

[]

An Act relative to home confinement during parole and probation for habitual criminals

H1471

HD947

{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T14:33:15.613'}

[{'Id': None, 'Name': 'Jessica Nohmy', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T14:33:15.6133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1471/DocumentHistoryActions

Bill

By Representative Driscoll of Milton (by request), a petition (accompanied by bill, House, No. 1471) of Jessica Nohmy relative to home confinement during parole and probation for habitual criminals. The Judiciary.

Subsection (a) of section 25 of chapter 279 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:- An individual considered a habitual criminal under this subsection who is placed on probation or granted parole shall be required to serve the duration of probation or parole subject to home confinement.

[]

[]

[]

[]

An Act relative to consanguinity as a defense to the crime of accessory after the fact

H1472

HD948

{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T14:30:27.997'}

[{'Id': None, 'Name': 'Jessica Nohmy', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T14:30:27.9966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1472/DocumentHistoryActions

Bill

By Representative Driscoll of Milton (by request), a petition (accompanied by bill, House, No. 1472) of Jessica Nohmy relative to consanguinity as a defense to the crime of accessory after the fact. The Judiciary.

Section 4 of chapter 274 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:- The fact that the defendant is the spouse of the offender shall be a defense to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, they shall not be subject to cross examination on any other subject matter, nor shall their criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach their credibility.

[]

[]

[]

[]

An Act to advance hate-crime protections for victims who are targeted due to their gender

H1473

HD2158

{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T11:05:12.5'}

[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T11:05:12.5'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1473/DocumentHistoryActions

Bill

By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1473) of Michelle M. DuBois relative to hate-crime protections for victims targeted due to gender. The Judiciary.

SECTION 1. Section 39 of Chapter 265 of the General Laws as appearing in the 2020 Official Edition, is hereby amended in line 4 by inserting after the words “national origin, ” the following: “gender,”

[]

[]

[]

[]

An Act to respect and protect domestic violence and sexual assault victims and survivors

H1474

HD3968

{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T15:48:45.603'}

[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-20T15:48:45.6033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1474/DocumentHistoryActions

Bill

By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1474) of Michelle M. DuBois for legislation to protect domestic violence and sexual assault victims and survivors. The Judiciary.

Section 97D, of Chapter 41, as so appearing in the 2020 General Laws, is hereby amended by inserting the following after "performance of their duties" in line 14:- and (iii) police departments, district attorneys and other legal bodies shall respond to public request for statistical data on reports of domestic violence, rape and sexual assault or attempts to commit such offenses as well as for reports of abuse perpetrated by family or household members, as defined in section 1 of chapter 209A, with personal information redacted in accordance with Section 10 of Chapter 66;

[]

[]

[]

[]

An Act to prevent assaults on sports officials

H1475

HD643

{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-11T14:57:46.343'}

[{'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-11T14:57:46.3433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-15T14:58:41.78'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-08-02T10:58:30.7633333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-08-02T10:58:30.7633333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-08-02T10:58:30.7633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1475/DocumentHistoryActions

Bill

By Representative Elliott of Lowell, a petition (accompanied by bill, House, No. 1475) of Rodney M. Elliott and James C. Arena-DeRosa for legislation to prevent assaults on sports officials. The Judiciary.

Chapter 265 of the General Laws is hereby amended by adding the following section:- Section 13O. (a) For the purposes of this section, the following term shall, unless the context clearly requires otherwise, have the following meaning: "Sports official", any individual who serves as a paid or volunteer referee, umpire or line judge, or who serves in similar capacity but may be known by a different title or name. (b) If a person: (i) commits an assault or an assault and battery on a sports official immediately prior to, during or immediately following an interscholastic, intercollegiate or any other organized amateur or professional athletic contest in which the sports official is participating; and (ii) knows or reasonably should know that the sports official engaged in the performance of their duties, the person shall be punished by a fine of not less than $500 and not more than $5,000, or by imprisonment in a house of correction for not less than 90 days and not more than 21/2 years, or both. (c) No person shall require a sports official to remain on the playing surface of an athletic contest after the expiration of any interscholastic, intercollegiate or any other organized amateur or sporting contest. Whoever violates the provisions of this subsection shall be punished by a fine of not more than $200 or by imprisonment for not more than 30 days.

[]

[]

[]

[]

An Act relating to threats of suicide while in court custody (Stavri’s Law)

H1476

HD922

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T15:23:36.74'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T15:23:36.74'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-17T15:36:16.4466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-08T10:51:56.3566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:09:30.84'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:29:37.0533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-23T17:38:57.4966667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-03T11:44:19.99'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:45:31.5266667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-07T17:39:08.9266667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-21T11:10:37.3866667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T12:50:45.7833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-08T09:07:51.6466667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-10T12:09:07.44'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:06:40.4433333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-16T10:07:08.6033333'}]

{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-17T15:23:36.74'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1476/DocumentHistoryActions

Bill

By Representatives Farley-Bouvier of Pittsfield and Ashe of Longmeadow, a petition (accompanied by bill, House, No. 1476) of Tricia Farley-Bouvier, Brian M. Ashe and others relative to threats of suicide while in court custody. The Judiciary.

SECTION 1: This act shall be known as “Stavri’s Law” SECTION 2: Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 36A the following section: Section 36A1/2 Whenever a person in the custody of court officials makes a suicidal threat or engages in suicidal behavior, the Court shall record in the department of criminal justice information services computer the name, address, and the age of such person, reason for such detention and the nature and date of any suicidal threat or behavior. Whenever a person is the subject of a civil commitment petition pursuant to MGL c. 123, based on suicidal threats or behavior (whether or not such petition is granted), the Court shall record in the department of criminal justice information services computer the name, address, and the age of such person, reason for such detention (if any) and the nature and date of any suicidal threat or behavior indicated in the commitment process.

[]

[]

[]

[]

An Act updating and clarifying the statute relating to “upskirting”

H1477

HD962

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T17:04:36.79'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T17:04:36.79'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-03-16T11:47:12.2966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-18T14:44:20.1866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T11:21:46.67'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:14:29.2466667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-23T14:17:30.71'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T09:16:04.09'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T09:40:51.5266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:11:28.3166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1477/DocumentHistoryActions

Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1477) of Tricia Farley-Bouvier and others relative to photographing, videotaping or electronically surveilling certain persons. The Judiciary.

Chapter 272 Section 105 of the 2020 General Laws, as appearing in the 2020 edition, is here by amended by striking subsections (a) and (b) and inserting in their place the following 2 subsections: (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Electronically surveils” or “electronically surveilled”, to view, obtain, or record a person’s visual image by the use or aid of a camera, cellular or other wireless communications device, computer, television, or other electronic device. “Partially nude”, partially unclothed, such that one or more sexual or other intimate parts as defined herein is exposed. “Sexual or other intimate parts”, human genitals, buttocks, pubic area, or female nipples and areola, or any part thereof. (b) Whoever: (i) willfully photographs, videotapes, or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped, or electronically surveilled, or; (ii) willfully photographs, videotapes, or electronically surveils the sexual or other intimate parts of another person, whether or not such parts are clothed, with the intent to secretly conduct or hide such activity, and with the intent to focus on or otherwise invade the privacy of the person’s sexual or other intimate parts; shall be punished by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $5,000, or by both, if the victim is 18 years or older; or by imprisonment in the house of correction for not more than 2 1/2 years, or by imprisonment in the state prison for not more than 5 years, or by a fine of not of not more than $10,000, or by both such fine and imprisonment, if the victim is less than 18 years of age or is otherwise incompetent. The actual knowledge and consent of the person so photographed, videotaped, or electronically surveilled shall be an affirmative defense to the offense stated herein provided that the person is competent to grant consent.

[]

[]

[]

[]

An Act to amend the civil rights law, in relation to reporting a non-emergency incident involving a member of a protected class

H1478

HD1967

{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-19T09:28:30.983'}

[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-19T09:28:30.9833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:11:19.7733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1478/DocumentHistoryActions

Bill

By Representative Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1478) of Tricia Farley-Bouvier and Vanna Howard relative to reporting non-emergency incidents involving members of protected classes. The Judiciary.

SECTION 1. Chapter 265 of the General Laws is hereby amended by inserting after Section 59 the following section:- SECTION 60. FALSE POLICE CLAIMS RELATING TO A MEMBER OF THE PROTECTED CLASS; PENALTIES. SECTION 60. (a) Any person who intentionally selects a person or property for harm or causes damage to the property of another or causes physical injury or death to another or summons a police officer or peace officer without reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, shall be liable, in a civil action or proceeding maintained by such individual or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. For the purposes of this subdivision, a person lacks reason to suspect a violation of the penal law, any other criminal conduct, or an imminent threat to a person or property where a reasonable person would not suspect such violation, conduct, or threat.

[]

[]

[]

[]

An Act relative to the Head Injury Treatment Services Trust Fund

H1479

HD603

{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:33:48.523'}

[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-13T15:33:48.5233333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T15:51:03.9633333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T15:51:03.9633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T15:51:03.9633333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-26T15:51:03.9633333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:51:03.9633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:59:32.29'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:18:20.0133333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-09T11:49:48.7033333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:26:33.25'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:04:39.2533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:33:00.8133333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:33:39.1766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:33:15.0966667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:14:23.5233333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:54:10.4366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:41:30.4433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T17:21:30.6533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T11:03:05.6033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T20:07:40.37'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1479/DocumentHistoryActions

Bill

By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 1479) of Kimberly N. Ferguson and others relative to making deposits to the Head Injury Treatment Services Trust Fund from certain judicial fines and fees. The Judiciary.

SECTION 1. Section 59 of Chapter 10 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking out the word “and”, in line 4, and inserting after the figure “24”, in line 4, the following words:- and Section 13B” SECTION 2. Section 13B(b) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after the word “offense” the following words: - provided that $50 of each fine collected under this section shall be deposited into the head injury treatment services trust fund. SECTON 3. Section 20 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in the fourth paragraph by striking in the first sentence the number “50” and replacing it with the number “100”; and further, by striking in the second sentence the number “50” and replacing it with the number “100”. SECTION 4. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that 100 per cent of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 5. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the fourth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit into the Head Injury Treatment Services Trust Fund. SECTION 6. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the fifth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 7. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the sixth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund. SECTION 8. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the seventh paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 9. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the eighth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 10. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the ninth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 11. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the tenth paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 12. Section 24 (1)(a)(1) of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the eleventh paragraph by inserting at the end thereof the following:- 75 per cent of the fines collected in this section shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services (HITS) Trust Fund. SECTION 13. Section 20 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is further amended in the in the first sentence of the fourth paragraph by striking out the word “$50” and inserting “$75” and in the second sentence of the fourth paragraph by striking out the word “$50” and inserting “$75”.

[]

[]

[]

[]

An Act establishing a livable home modification grant program

H148

HD412

{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-12T16:10:21.643'}

[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-12T16:10:21.6433333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-29T14:31:21.8533333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-29T14:31:21.8533333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T16:20:03.8166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T12:14:14.44'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-19T13:26:05.3966667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-19T13:24:50.67'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-19T13:19:53.1866667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-19T13:15:36.75'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-27T23:21:41.1066667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-27T23:21:26.5733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-07T15:21:19.6266667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-18T14:16:52.42'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H148/DocumentHistoryActions

Bill

By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 148) of Carol A. Doherty and others for legislation to authorize a livable home modification grant program. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the following 7 sections:- Section 31. As used in sections 31 to 37, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:- “Accessibility features”, accessibility features that meet the specifications of an existing standard including (i) accessibility ramp to a zero-step entrance from a driveway or public sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators; (ix) purchase and permanent installation of a backup electric generator for life-sustaining electric-powered medical equipment for devices such as respirators, oxygen concentrators or dialysis machines; and (x) installation of a permanent home monitoring system for residents with Alzheimer’s disease and other forms of dementia. “Commission”, the Massachusetts rehabilitation commission established pursuant to section 74 of chapter 6. “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual. “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more persons. “Eligible individual”, an individual who has a disability or the caregiver who owns or rents the residency in which the individual who has a disability will reside. “Existing standards”, adaptability features prescribed by the Massachusetts state building code, the specifications of the American National Standards Institute, the Uniform Federal Accessibility Standards pursuant to 24 CFR Part 40, or Fair Housing Accessibility Guidelines pursuant to 24 CFR Part 100. “Post-retrofit documentation”, evidence that the project has been completed including, but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of purchase contracts; (iii) invoices; (iv) canceled checks; and (v) construction contracts. “Sensory modification”, alarms, appliances, and controls designed to assist sensory disabled individuals that are installed as a permanent part of the structure to the dwelling unit; provided, however, that sensory modifications shall not include appliances or alarms that can be removed and reinstalled in another dwelling unit. Section 32. (a) Any eligible individual, who intends to retrofit or contract with an individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets the qualification criteria as established in section 33, and meets the eligibility requirements established by guidelines developed by the department in consultation with the commission, shall be eligible for a livable home modification grant equal to not more than 50 percent of the total amount spent; provided, that said livable home modification grant shall not exceed $5,000. (b) An eligible individual who has a disability, a caregiver, or a guardian may apply for a livable home modification pursuant to section 34. Section 33. (a) To qualify for a livable home modification grant, the proposed modification or retrofitting of an existing dwelling unit must include at least 1 accessibility feature or sensory modification and meet the requirements of an existing standard. (b) The eligible individual's income in the prior year shall not exceed 120 percent of the area median income, as determined by the United States Department of Housing and Urban Development. The calculation of an eligible individual’s income shall only include the earnings of the individual with a disability and caregiver, if applicable; provided, that this calculation shall not include household income. (c) If the eligible individual who has a disability was not required to file a federal tax return in the prior year, the resident shall be automatically eligible for a livable home modification grant; provided, however, that the eligible individual does not qualify or is not eligible for accessibility modifications funded through other local, state or federal programs. Section 34. (a) Eligible individuals shall apply for a livable home modification grant by making application to the department, which shall issue a certification for an approved application to the individual who has a disability, caregiver, or guardian. (b) The department, in consultation with the commission, shall develop application guidelines that include, but shall not be limited to: (i) assessment of the individual who has the disability and the need for the livable home modifications; and (ii) proof of the eligible resident's income and documentation of any disability related exemptions. (c) All applications shall be submitted and received by the department prior to the commencement of construction to modify or retrofit an existing residence to install accessibility features or sensory modifications. Section 35. (a) Livable home modification grants shall only be allowed for the retrofitting or modification of a residential rental property, provided that the owner agrees to maintain the accessibility features or sensory modifications for 10 years. (b) Individuals and other entities shall not be eligible to receive a livable home modification grant if they are: (i) eligible for federal or state disabled access tax credits; (ii) a limited liability company or foreign limited liability company, as defined by section 2 of chapter 156C; (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal Revenue Code, 26 USC §§ 1361 et seq.; (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or (v) a corporation or foreign corporation, subject to chapter 156. (c) Accessibility modifications that are eligible to be funded through local, state, or federal programs shall not be eligible for livable home modification grants. (d) Livable home modification grants shall not be used for the purchase or construction of residential rental property. (e) The department shall not issue more than 1 livable home modification grant to an eligible individual or in relation to the modification or retrofitting of a dwelling unit. Section 36. Applicants shall submit post-retrofit documentation to the department following the completion of the modification or retrofitting of the dwelling unit. Section 37. The department shall, not later than August 31, submit an annual report to the governor, speaker of the house, senate president, and chairs of the joint committee on ways and means for the preceding fiscal year. The annual report shall include, but shall not be limited to: (i) number of grants issued to qualifying individuals; (ii) number of applications that did not qualify; (iii) total dollar amount of grants issued; (iv) average dollar amount of the grants issued; (v) number of retrofits by accessibility features; and (vi) prognosis and estimated expenses for the individual if the retrofit had not been made, including (1) increased likelihood of falls and other related emergency room, hospital or rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility. SECTION 2. The director of the department of housing and community development shall promulgate regulations necessary to implement and administer this act.

[]

[]

[]

[]

An Act relative to a commission to study the intentional misrepresentation of a service animal

H1480

HD1504

{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T15:13:23.203'}

[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T15:13:23.2033333'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-01-26T16:19:51.4866667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-17T14:53:57.67'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-04-05T16:16:31.82'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-30T10:24:40.71'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T10:17:40.1833333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T13:57:36.3333333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-27T21:16:46.1966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T10:01:39.96'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:30:03.3266667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:13:45.3633333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T11:06:28.0433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T16:21:54.4233333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:04:15.5066667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:57:41.2133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T15:49:21.2733333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-31T18:22:53.6966667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T11:42:55.1933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T08:56:31.71'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-27T14:10:28.5366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T14:12:24.2866667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-27T14:28:46.42'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T13:41:49.0766667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-31T11:49:12.6233333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:33:13.74'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:05:15.7333333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-30T09:18:28.6866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:45:33.0766667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:09:03.5766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T17:23:13.53'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T21:46:58.2133333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:02:13.9233333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-31T17:04:59.9666667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:35:31.9466667'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-02T07:57:42.08'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:35:33.6066667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T09:38:59.5133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:17:05.3966667'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-01T12:40:49'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:06:13.31'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-01T07:57:10.3033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1480/DocumentHistoryActions

Bill

By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 1480) of Kimberly N. Ferguson and others for an investigation by a special commission (including members of the General Court) relative to the intentional misrepresentation of a service animal. The Judiciary.

SECTION 1. (a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study the use of service animals in the Commonwealth. The commission shall consist of 15 members: 2 of whom shall be the house and senate chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall be a member of the house of representative 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 house minority leader; 1 of whom shall be a member of the senate to be appointed by the senate president; 1 of whom shall be a member of the senate to be appointed by the senate minority leader; 1 of whom shall be the attorney general or the attorney general’s designee; 1 of whom shall be the executive director of the Massachusetts Office of Disability or the executive director’s designee; 1 of whom shall be the chair of the Massachusetts Commission Against Discrimination or the chair’s designee; 1 of whom shall be appointed by the President of the Massachusetts Chiefs of Police Association; 1 of whom shall be appointed by the Commissioner of the Municipal Police Training Committee; 1 of whom shall be appointed by the executive director of the Mental Health Legal Advisors Committee; and 3 members who shall be appointed by the governor, 1 of whom shall be a representative of a professional organization specializing in the advocacy, education, and/or training of service animals, 1 of whom shall be a representative of a professional organization specializing in the advocacy, education, and/or training of other animals, including emotional support, companion, or comfort animals, and 1 of whom shall be a member of an association advocating for the interests of restaurant owners and/or retailers in the Commonwealth. (b) The study shall include, but not be limited to: (i) reviewing current federal, state, and local laws and procedures governing the use of service animals in the Commonwealth; (ii) examining the use and benefit of service animals by individuals with disabilities in the Commonwealth; (iii) investigating the presence, prevalence, and impact of fraud, misrepresentation, and other misuse of service animals in the Commonwealth; (iv) researching laws and practices in other jurisdictions with the objective to deter the misuse of service animals; (v) identifying training and educational opportunities aimed at increasing understanding of laws governing the use of service animals amongst public officials, law enforcement, business owners, and members of the public in the Commonwealth; (vi) recommending changes to Massachusetts law governing service animals if any, including the definition of “service animal” and whether to introduce legislation prohibiting and civilly penalizing service animal fraud; and (vii) determining feasibility of certification, registration, or licensing of service animals in the Commonwealth. (c) The commission shall file findings of its study by December 31, 2024, with the clerks of the house and the senate, who shall forward a copy of the report to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on the judiciary.

[]

[]

[]

[]

An Act relative to the misrepresentation of a service animal

H1481

HD1512

{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T15:45:37.627'}

[{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-06T15:45:37.6266667'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-01-26T15:59:59.5666667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-17T14:53:23.93'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T16:54:02.67'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-30T10:22:39.1333333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T10:17:10.3866667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-27T13:58:45.2933333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-27T21:15:34.63'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:29:54.2966667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:13:11.8733333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-13T11:05:35.1633333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:04:24.6633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-28T23:11:37.4466667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:57:34.73'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T15:48:14.6533333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-31T18:24:03.7333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T11:41:51.4833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-04-05T20:05:55.0266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:23:35.26'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-27T14:09:05.7466667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T14:11:10.67'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-27T14:28:22.0466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T13:41:27.9633333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-31T11:54:32.9066667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-04T11:16:50.9066667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:32:46.38'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T13:58:45.3433333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-30T09:17:06.4066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:44:54.3066667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:08:40.09'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:33:36.8233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T17:22:22.6'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T21:44:33.3433333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:01:47.4366667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-31T17:05:55.8666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T20:21:35.27'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:35:42.23'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-02T08:00:11.5133333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:36:07.0333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T09:37:49.29'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:03:04.65'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:15:50.29'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-27T15:18:36.9066667'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-01T12:40:35.4066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:05:20.1966667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-01T08:10:27.4033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1481/DocumentHistoryActions

Bill

By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 1481) of Kimberly N. Ferguson and others relative to the misrepresentation of a service animal. The Judiciary.

SECTION 1. Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 98A the following:- Section 98A ½ . (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Disability” has the same meaning as set forth in the deferral “Americans with Disabilities Act of 1990”, 42 U.S.C. Sec. 12101 et seq., and its related amendments implementing regulations. “Service dog” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. Sec. 12101 et seq. “Service-dog-in-training” means a dog or puppy that has been selected for service dog work and is being handled by a service-dog trainer . “Service-dog trainer” means a competent dog trainer who is providing individual training of a dog or puppy with the intention of having the dog or puppy become a working service dog that will perform tasks for a disabled person. (b) Business owners and individuals will continue to be protected under the Americans with Disabilities Act of 1990. (c) Within 6 months of enactment, the Executive Office of Health and Human Services (or designee), in conjunction with a member of a nationally accredited service dog organization, a member of an association advocating for the interests of restaurant owners, and a member of an association advocating for the interests of business owners shall prepare and make available to businesses upon request, (i) a decal suitable for posting in a front window or door, stating that service dogs are welcome and that misrepresentation of a service dog is a violation of Massachusetts law, (ii) a brochure detailing permissible questions a business owner may ask in order to determine whether a dog is a service dog, proper answers to those questions, and guidelines defining unacceptable behavior. (d) Within 6 months of enactment, the Executive Office of Health and Human Services (or designee), in conjunction with a member of a nationally accredited service dog organization, a member of law enforcement appointed by the Massachusetts Chiefs of Police Association, and a member appointed by the Commissioner of the Municipal Police Training Committee shall develop training and guidelines for law enforcement and animal control personnel regarding implementation and enforcement of this law. (e) (1) An individual (i) who expressly or impliedly represents that a dog in his or her possession is a service dog or a service-dog-in-training for the purpose of obtaining any rights or privileges afforded to a person with a disability requiring the assistance of a service dog and (ii) who knew or should have known that the dog in his or her possession was not a service dog or service-dog-in-training, shall have committed a civil infraction, punishable: (i) for a first offense, by 30 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months, or by a civil fine of not more than $500, or both such community service and fine; and (ii) for any subsequent offenses, by 60 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than 6 months, or by a civil fine of not more than $1,000, or both such community service and fine. (2) An individual who takes a dog, which the individual knows not to be a service dog or service-dog-in-training, into a place of public accommodation where pets are not permitted, and the dog is wearing a cape, vest, special leash, or other form of identification that states or implies that the dog is a service dog entitled to be present, even if the individual makes no affirmative statements, shall be considered to have violated this subsection. (3) Any police or animal control officer may investigate and enforce this section by making inquiry of the individual accompanied by the dog in question and issuing a civil citation. Refusal by the individual to answer the permissible questions shall create a presumption that the dog is not a service dog and the officer may issue the citation and require the individual to remove the dog from the place of public accommodation. (f) (1) A violator who receives a citation requiring the payment of a civil fine pursuant to subsection (e) shall within 20 days: (i) pay the civil fine to the municipality in which the violation took place; or (ii) contest responsibility for the violation by sending a signed request for a noncriminal hearing, together with a copy of the citation, a verification of the violator’s mailing address and a $25 court filing fee, to the clerk-magistrate of the district court for the judicial district in which the violation occurred. The citation shall notify the violator of these obligations and provide detailed instructions on how to pay the civil fine or contest responsibility, including the address where payment is to be submitted and the address where a request for a noncriminal hearing is to be submitted. If payment is not made within 20 days, the clerk of the municipality in which the violation took place shall notify the magistrate of the district court that payment of the civil fine was not made. (2) A violator who receives a citation requiring the violator to complete community service shall within 20 days: (i) submit, by mail or in person, a signed letter to the clerk of the municipality in which the violation occurred and a signed letter to the clerk-magistrate of the district court for the judicial district in which the violation occurred verifying the violator’s intention to complete such community service and identifying the name of the organization for which the violator would like to complete the community service; or (ii) contest responsibility for the violation by sending a signed request for a noncriminal hearing, together with a copy of the citation, a verification of the violator’s mailing address and a $25 court filing fee, to the clerk-magistrate. The citation shall notify the violator of these obligations and provide the violator with instructions, including the addresses where the letters are to be submitted and the address where a request for a noncriminal hearing is to be submitted. If a citation requires the violator to complete community service and pay a fine, the violator need only send 1 signed request for a noncriminal hearing to contest responsibility under this paragraph and paragraph (1). Upon receiving a signed letter pursuant to clause (i) of the preceding paragraph, the clerk-magistrate shall mail to the violator written instructions and a form to be completed and sent back to the clerk-magistrate to verify the completion of the required community service. (3) Upon receiving a timely request for a noncriminal hearing pursuant to this subsection, the clerk-magistrate shall mail a copy of the request to the municipality in which the violation occurred and schedule a hearing to be held before a magistrate or justice of the district court. The clerk-magistrate shall promptly notify the police agency concerned and the violator of the date and time of the hearing. 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 clerk-magistrate determines that the failure to make such a timely request was for good cause that was not within the control of the violator. The clerk-magistrate’s determination of such issue shall be final. 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. Any violator so appealing the decision of a magistrate shall be responsible for paying a fee of $50 prior to the scheduling of the appeal hearing before a justice. There shall be no right of jury trial for a violation of this section. 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. (4) If the violator is found responsible after a noncriminal hearing pursuant to paragraph (3), the magistrate or justice shall order the violator to pay any fine that was directed by the citation within 20 days of the order and complete any community service that was directed by the citation within 180 days of the order. (5) A violator who: (i) fails, pursuant to paragraph (1), to either pay the full amount of the civil fine to the municipality within 20 days of the date of the citation or to request a noncriminal hearing within 20 days of the date of the citation plus such grace period as the clerk-magistrate may allow; (ii) fails, pursuant to paragraph (2), to either submit the signed letters within 20 days of the date of the citation or request a noncriminal hearing within 20 days of the date of the citation plus such grace period as the clerk-magistrate may allow; (iii) fails to complete required community service in a timely manner; (iv) fails to appear for a noncriminal hearing before a magistrate or a justice at the time required after having been given notice of such hearing either personally or by first class mail directed to such violator's mail address as reported by the violator; or (v) fails to comply with an order issued pursuant to paragraph 4, shall be punished by a criminal fine of not more than $1,000, imprisonment in a jail or house of correction for not more than 6 months, or both such fine and imprisonment.

[]

[]

[]

[]

An Act relative to equitable court staffing

H1482

HD398

{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-12T15:08:02.933'}

[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-12T15:08:02.9333333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-31T16:46:46.42'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1482/DocumentHistoryActions

Bill

By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1482) of Dylan A. Fernandes and Julian Cyr relative to court staffing at the Edgartown and Nantucket district courts. The Judiciary.

SECTION 1. Chapter 218 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in Section 10 by adding after the words “northern Berkshire;”:- “district court of Edgartown;” and hereby further amended in Section 10 by adding after the words “western Hampden;” “district court of Nantucket;”.

[]

[]

[]

[]

An Act protecting buyers from unknowingly purchasing property in a flood zone

H1483

HD3731

{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T23:19:21.887'}

[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T23:19:21.8866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:49:47.13'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:43:42.4'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1483/DocumentHistoryActions

Bill

By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1483) of Dylan A. Fernandes, Michelle M. DuBois and Patrick Joseph Kearney relative to protecting buyers from unknowingly purchasing property in flood zones. The Judiciary.

Chapter 183 of the General Laws is hereby amended by adding the following section:- Section 70. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings: “FEMA”, the Federal Emergency Management Agency. “Flood insurance rate map”, the flood insurance rate maps produced by the FEMA administrator in accordance with 42 U.S.C. § 4101 et seq. “Flood zone”, geographic areas defined by FEMA to have risk of flood. “Owner”, any person who alone or jointly or severally with others: (i) has legal title to a premises; (ii) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a condominium or cooperative; provided, however, that the term “owner” shall not include a secured lender unless and until the secured lender has acquired legal title pursuant to applicable law and takes actual physical possession. “Premises”, any residential property or dwelling unit. (b) The director of the Massachusetts emergency management agency shall prepare a standard notification form and such other materials as may be necessary to inform prospective purchasers, lessees and renters about the potential hazards of living in a flood zone. The form shall include, but not be limited to: (i) if flooding has previously occurred on the premises and if so, the frequency and amount of any damage claims filed through the National Flood Insurance Program or private insurance; (ii) whether the premises are located in a special flood hazard areas identified on the flood insurance rate map; (iii) the zone designation of the premises as identified on the flood insurance rate map and the most recent description of the level of risk associated with each zone designation as published by FEMA; (iv) if the owner has ever been required to purchase flood insurance by a mortgagor; and (v) if, due to the receipt of federal disaster aid from FEMA, the United States Small Business Administration or any other federal disaster flood assistance for flood damage to the property, a requirement to maintain flood insurance on the property exists. (c) All owners selling premises shall, prior to accepting an offer for purchase, provide a copy of the form and other materials prepared pursuant to subsection (b) to the prospective purchaser. All owners leasing premises with an option to purchase such premises shall, prior to the signing of the lease with an option to purchase, provide a copy of the form and other materials prepared pursuant to subsection (b) to the lessee-prospective purchaser. In addition to and at the time of providing said form, the seller and any real estate agent involved in the sale shall disclose to the prospective purchaser any information known to the seller or real estate agent about the history of flooding and flood insurance for the premises. (d) All owners renting premises shall, prior to entering into a tenancy agreement or signing an agreement to rent premises, provide (i) a copy of the form and other materials prepared pursuant to subsection (b) to the prospective tenant; and (ii) 2 copies of a statement certifying that the prospective tenant received said form and materials, 1 copy of which is to be retained by the tenant and 1 by the owner. The owner may include the statement certifying that the prospective tenant received said form as a provision in a written tenancy agreement. (e) Any owner or real estate agent who fails to comply with this section shall be liable for all damages caused by the failure to comply and shall be subject to a penalty not to exceed $1000. A violation of this section by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section 2 of chapter 93A. A real estate agent involved with a sale, lease with an option to purchase or rental as described in subsections (c) and (d) shall not be liable for any fraud that takes place by or on behalf of the owner.

[]

[]

[]

[]

Resolutions requesting the Governor to remove Justice Patricia A. Gorman from the Dukes County Probate and Family Court

H1484

HD3901

{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-16T09:45:32.84'}

[{'Id': None, 'Name': 'Debra Annemarie Metell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-16T09:45:32.84'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1484/DocumentHistoryActions

Resolution

By Representative Fernandes of Falmouth (by request), a petition (accompanied by resolutions, House, No. 1484) of Debra Annemarie Metell for adoption of resolutions requesting the Governor (with consent of the council) to remove First Justice Patricia A. Gorman from the Norfolk County Probate and Family Court. The Judiciary.

By Mr. Fernandes of Boston (by request), a petition (subject to Joint Rule 12) of Debra Metell and others for adoption of resolutions requesting the Governor (with consent of the council) to remove Justice Patricia A. Gorman from the Dukes County Probate and Family Court. The Judiciary.

[]

[]

[]

[]

An Act relative to authorizing supported decision-making agreements for certain adults with disabilities

H1485

HD2339

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T13:42:08.063'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T13:42:08.0633333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T13:42:09.2533333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-24T15:26:52.7266667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-25T10:08:33'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:08:33'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T08:10:08.05'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T09:01:44.3366667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T12:53:42.8733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T09:36:13.7533333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T14:52:50.7533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T14:52:50.7533333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-03T09:21:58.3666667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-03T09:21:58.3666667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T14:55:32.7433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:09:45.3833333'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-02-21T08:53:46.5633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-21T08:53:46.5633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-21T08:53:46.5633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T14:48:57.4233333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-03T10:45:47.9266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-10T13:51:51.16'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-13T13:16:43.8966667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-20T11:05:07.2333333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-03-30T13:57:49.2566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T09:54:28'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-22T09:48:52.04'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-05T16:03:02.4933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-26T11:13:16.96'}]

{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T13:42:08.063'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1485/DocumentHistoryActions

Bill

By Representatives Finn of West Springfield and Garballey of Arlington, a petition (accompanied by bill, House, No. 1485) of Michael J. Finn, Sean Garballey and others relative to authorizing supported probate law decision-making agreements for certain adults with disabilities. The Judiciary.

SECTION 1. Chapter 190B, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 5-507 the following section:- Section 5-508. Supported Decision-Making Agreements (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:- "Adult" means an individual 18 years of age or older. “Coercion” means use of force or threats to persuade someone to do something. "Decision-maker" means an adult who seeks to execute, or has executed, a supported decision-making agreement with one or more supporters under this chapter.  “Executed” means the date on which a supported decision-making agreement is signed; if the decision-maker and the supporters, sign the supported decision-making agreement on different dates, the supported decision-making agreement shall be considered to be executed on the last date it was signed. "Supported decision-making" means the process of supporting and accommodating the decision-maker, without impeding the self-determination of the decision-maker, in making life decisions, including, but not limited to, decisions related to where the decision-maker wants to live; the services, supports, financial decisions, and medical care the decision-maker wants to receive; whom the decision-maker wants to live with; or where the decision-maker wants to work. "Supported decision-making agreement" is an agreement a decision-maker enters into with one or more supporters under this section to use supported decision-making. "Supporter" means an adult who has entered into a supported decision-making agreement with a decision-maker. (b) A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter or supporters. The decision-maker may change or terminate a supported decision-making agreement at any time, per the procedure(s) outlines in section (e). (c) Except as limited by a supported decision-making agreement, a supporter may provide to the decision-maker the following decision-making assistance with the decision-maker’s affairs with the consent of the decision-maker: (1) assisting with making decisions, communicating decisions, and understanding information about, options for, the responsibilities of, and the consequences of decisions; (2) accessing, obtaining, and understanding information that is relevant to decisions necessary for the decision-maker to manage his or her affairs, including medical, psychological, financial, and educational information; and medical and other records; (3) ascertaining the wishes and decisions of the decision-maker; assisting in communicating those wishes and decisions to other persons; and assisting to ensure the decision-maker’s wishes and decisions are implemented; and (4) accompanying the decision-maker and participating in discussions with other persons when the decision-maker is making decisions or attempting to obtain information for decisions. (d) A supporter may exercise only the authority granted to the supporter in the supported decision-making agreement. (e) The supported decision-making agreement shall remain in effect until it is revoked, suspended, or terminated in accordance with the provision of this section. (1) If the agreement sets forth a termination date, the supported decision-making agreement shall not be effective after the termination date. (2) The decision-maker may revoke a supported decision-making agreement by notifying the supporters in writing or by any other act evidencing a specific intent to revoke the agreement. (3) Supporter may terminate participation in the agreement by written or oral notice to the decision-maker and the remaining supporters. If the supported decision-making agreement includes more than one supporter, the supported decision-making agreement shall survive for supporters who have not terminated their participation unless it is otherwise terminated or revoked in a manner set forth by this section. (4) The disabled persons protection commission, an elder protective services agency, the department of developmental services, the department of mental health, or any person may petition the probate and family court to terminate, revoke, or suspend the operation of a supported decision-making agreement on the grounds of abuse, neglect or exploitation by a supporter or supporters. If, after notice to decision-maker and a hearing at which the decision-maker shall have the right to be present and to be heard, the Court finds by a preponderance of the evidence that that the decision-maker has been abused, neglected, or exploited by a supporter or supporters, the court may revoke, terminate, or suspend for a time to be determined by the court, the supported decision-making agreement because of a finding of abuse, neglect, or exploitation. The agreement may survive if one or more supporters who were not found to have abused, neglected, or exploited the adult with a disability continues to be willing to serve as a supporter and the decision-maker agrees. The court may not order a supported decision-making agreement to remain in effect over the objection of the decision-maker. If the decision-maker is indigent, the court shall forthwith appoint counsel for the decision-maker upon the filing of any petition under this paragraph. (f)(1) A supporter is only authorized to assist the decision-maker in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement and to which the decision-maker agrees that the supporter should have access. (2) If a supporter assists the decision-maker in accessing, collecting, or obtaining personal information, including health information, financial records or information, or educational records, the supporter shall ensure the information is kept privileged and confidential, as applicable, and is subject to neither unauthorized access, nor use, nor disclosure. (g) The existence of a supported decision-making agreement does not preclude a decision-maker from seeking personal information without the assistance of a supporter. (h) A supported decision-making agreement must be signed voluntarily, without coercion or undue influence, by the decision-maker and the supporter or supporters in the presence of two or more witnesses who are at least 18 years of age, and unrelated to the decision-maker and who are not supporters of the decision-maker, or a notary public. (i)(1) A supported decision-making agreement is intended to be personalized by the decision-maker to reflect his or her personal circumstances. (2) A supported decision-making agreement shall be in writing and shall: (i) identify the decision-maker and the supporters; (ii) describe the kinds of decisions with which the decision-maker wants assistance from each respective supporter; (iii) indicate that the supporters agree to assist the decision-maker to make decisions, to respect the decision-maker's decisions, and, if necessary, to assist the decision-maker to communicate decisions, and, further, agree not to make decisions for the decision-maker; (iv) indicate that the decision-maker may change, amend, or revoke the supported decision-making agreement at any time for any reason subject to the requirements of section (g) (v) include a statement that if a mandated reporter under the provisions of chapter 19A section 15(a) or chapter 19C has reasonable cause to believe the decision-maker has been abused, neglected or exploited by a supporter or supporters, the person shall report to, as applicable, the disabled persons protection commission or an elder protective services agency in accordance with the provision of the applicable chapter; and in addition any other person may make such a report to the appropriate agency if any such person has reasonable cause to believe the decision-maker has been abused, neglected or exploited by a supporter or supporters; and the supported decision-making agreement shall include the contact information for the disabled persons protection commission, the elder abuse hot line, and, the human rights officer of any program providing services to the decision-maker; (vi) be signed with the date of the signature by the decision-maker and the supporters, the decision-maker’s signature to be attested to by a notary public or, in the alternative, by two witnesses who are unrelated to the decision-maker and who are not supporters of the decision-making. (j)(A) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement and recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the decision-maker. (B) A person who or entity which, in good faith, acts in reliance on an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for relying on a decision made in accordance with a supported decision-making agreement. (k) Execution of a supported decision-making agreement may not be a condition of participation in any activity, service, or program. (l) If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the decision-maker is being abused, neglected, or exploited by the supporter, the person may report the alleged abuse, neglect, or exploitation to the disabled persons protection commission in accordance with chapter 19D or the Elder Abuse Prevention Hotline in accordance with chapter 19C. (m) Nothing in this section shall be interpreted to limit or restrict any individual’s right to execute a health care proxy pursuant to chapter 201D or a power of attorney pursuant to sections 5-501 through 5-507 of chapter 190B. SECTION 2. Chapter 190B of the General Laws is hereby amended in section 5-303, by inserting after paragraph (b)(9) the following paragraph (b)(9½) The petitioner shall file with the petition a copy of any supported decision-making agreement executed by the person alleged to be incapacitated, if available. SECTION 3: Chapter 190B of the General Laws is hereby amended in section 5-303 (b)(10) by inserting at the end thereof the following:- whether alternatives to guardianship and available supports and services to prevent the need for guardianship, including a supported decision-making agreement, were considered; and why such alternatives to guardianship and supports and services are not feasible or would not prevent the need for guardianship. SECTION 4. Chapter 6A of the General Laws is hereby amended by inserting after section 16F the following section:- Section 16F ½. The executive office of health and human services shall establish a training program on supported decision-making. The training program shall include instruction by state agencies including the department of developmental services, the department of mental health, the executive office of elder affairs and a non-profit corporation or corporations. The training program on supported decision-making shall be provided to a supporter or a decision-maker receiving decision-making assistance, and shall include the rights and obligations contained in section 5-508 of chapter 190B. The training shall be in any format accessible to the individuals receiving such training. Such training shall include trainers with disabilities and adults who receive or might receive supported decision-making assistance. SECTION 5. Section 2 of chapter 71B of the General Laws is hereby amended by inserting at the thereof the following:- The department of elementary and secondary education shall promulgate regulations requiring school districts and charter schools to be part of the transitional planning process to inform students and families of the availability of supported decision-making as an alternative to guardianship in such cases where adult guardianship is being contemplated. SECTION 6. Section 3 of chapter 71B of the General Laws is hereby amended by inserting the following at the end thereof:- For any student for whom adult guardianship is being considered at the Individual Educational Program (IEP) team meeting, the IEP team shall inform the student and family (or guardian if there is a guardian of the minor) at the earliest possible meeting of the availability of supported decision-making as an alternative to guardianship. The IEP team shall assist the child and his or her family or minor guardian in locating resources to assist in establishing a supported decision-making plan if the child and family are interested in supported decision-making. If a supported decision-making agreement is executed, the IEP team shall abide by decisions made by the student pursuant to the supported decision-making agreement. SECTION 7. This act shall take effect six months from the date of the Governor’s signature. A supported decision-making agreement executed before the effective date of the act shall be valid for one year from the effective date of the act. Thereafter, only those supported decision-making agreements which conform to the requirements of the act and which are executed after the effective date of the act shall be valid.

[]

[]

[]

[]

An Act clarifying the child advocate’s authority to access juvenile records

H1486

HD3353

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:08:23.503'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:08:23.5033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T14:30:02.3933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:56:43.74'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1486/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1486) of Michael J. Finn, Lindsay N. Sabadosa and Tricia Farley-Bouvier relative to clarifying the child advocate’s authority to access juvenile records. The Judiciary.

SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 175 after the word “safety” the following:- (34) The child advocate may obtain data on adult and juvenile arrests as well as data on court proceedings such as arraignments, adjudications and dispositions, as necessary for the performance of the duties of the office. SECTION 2. Chapter 18C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 6 and inserting in place thereof the following:- Section 6. The child advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of children in the custody of the commonwealth or who are receiving services from an executive agency. The child advocate shall have access to all court records that the child advocate deems relevant, including records held by the clerk of the juvenile court and the clerk of the probate and family court, records held by the Massachusetts Probation Service, and records on adults and juveniles contained in the electronic information systems maintained by the department of criminal justice information services, including personally identifiable information if requested by the child advocate and the right to inspect and copy, without cost. The child advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12. SECTION 3. Said chapter 18C, as so appearing, is hereby amended by striking out section 11 and inserting in place thereof the following:- Section 11. Examination of systemwide service The child advocate may examine systemwide service provision to children in the Commonwealth. Such examination may address, but is not limited to, responses to child abuse and neglect including prevention efforts and efforts to stop reoccurrence, related mental health, substance use and domestic violence issues, childhood trauma pursuant to section 14, the adequate provision of education, the coordination of services among executive state agencies, the availability of reliable data regarding service provision and effectiveness of services provided to children in the Commonwealth, juvenile contact with criminal justice agencies and systems in relation to section 89 of chapter 119, the provision of services through contracts made with provider entities, and shall report on any such examination in the annual report pursuant to section 10. The child advocate may also file any additional report on examinations pursuant to this section with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities. The child advocate's examination may include, without limitation, racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of child abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of children at risk, criminal offender record information reviews, juvenile court records, federal criminal records, administrative and cost requirements, federal funding for child welfare purposes and the effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals with expertise in child welfare in preparing a report under this section. SECTION 4. Section 12 of said chapter 18C, as so appearing, is hereby amended by inserting in line 3 after the word “Notwithstanding” the following words:- sections 167 and 172 of chapter 6,.

[]

[]

[]

[]

An Act relative to juvenile court reporting requirements

H1487

HD3441

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:37:09.25'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:37:09.25'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-27T08:10:54.5233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1487/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1487) of Michael J. Finn and Paul J. Donato relative to juvenile court reporting requirements. The Judiciary.

SECTION 1. Chapter 18C of the General Laws, as appearing in the 2018 official edition, is hereby amended by inserting after section 7, the following section:- Section 7A. The juvenile court department of the Massachusetts trial court shall provide to the office of the child advocate information regarding key court performance measures in child abuse and neglect cases. Key performance measures shall include, but are not limited to: (i) number of children in court jurisdiction; (ii) number of children with subsequent substantiated or indicated child abuse and/or neglect while under court jurisdiction; (iii) reason for achievement and non-achievement of permanency; (iv) the number of judges per case; (v) percentage of cases in which parties received service of process; (vi) average and median time from filing of the original petition to legal permanency; (vii) the percentage of children reaching permanency within different timeframes or closed within 6 months, 12 months, 18 months, 24 months or more; (viii) time to adjudication by type of permanent placement or case closure; (ix) time to first permanency hearing by type of placement or case closure; and (x) time to termination of parental rights to finalized termination of parental rights. This juvenile court shall report key performance measures in child abuse and neglect cases to the office of the child advocate quarterly. The office of the child advocate may require that data be categorized by age, gender, race, ethnicity, case type, court location, and any combination thereof. The office of the child advocate shall receive reports prepared by the juvenile court’s Court Improvement Program.

[]

[]

[]

[]

An Act relative to unmanned aerial vehicles

H1488

HD3717

{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T14:16:29.637'}

[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T14:16:29.6366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1488/DocumentHistoryActions

Bill

By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1488) of Michael J. Finn relative to penalties for unauthorized use of unmanned aerial vehicles. The Judiciary.

Chapter 269 of the General Laws is hereby amended by adding the following section:- Section 20. (a) As used in this section, the following words shall, unless context clearly requires otherwise, have the following meanings:- “Critical infrastructure facility”, if completely enclosed by a fence or other physical barrier designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden: (i) a petroleum or alumina refinery; (ii) an electrical power generating facility, substation, switching station or electrical control center; (iii) a chemical, polymer or rubber manufacturing facility; (iv) a water intake structure, water treatment facility, wastewater treatment plant or pump station; (v) a natural gas compressor station; (vi) a liquid natural gas terminal or storage facility; (vii) a telecommunications central switching office; (viii) a port, railroad switching yard, trucking terminal or other freight transportation facility; (ix) a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas; (x) a transmission facility used by a federally licensed radio or television station; (xi) a steelmaking facility that uses an electric arc furnace to make steel; (xii) any portion of an aboveground oil, gas or chemical pipeline; or (xiii) a correctional facility or law enforcement facility. “Unmanned aerial vehicle”, an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (b) Whoever, without lawful authority, weaponizes an unmanned aerial vehicle or operates a weaponized unmanned aerial vehicle shall be punished by imprisonment in the state prison for not less than 3 years nor more than 20 years or imprisonment in the house of correction for not less than 6 months nor more than 2 ½ years, or by fine of not less than $1,000 nor more than $50,000, or by both such fine and imprisonment. (c) Whoever willfully uses an unmanned aerial vehicle to photograph, videotape or electronically surveil another person when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person's knowledge and consent, shall be punished by imprisonment 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. (d) Whoever, without lawful authority, willfully uses an unmanned aerial vehicle to photograph, videotape or electronically surveil a critical infrastructure facility, shall be punished by imprisonment 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.

[]

[]

[]

[]

An Act improving medical decision making

H1489

HD3106

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:51:43.793'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:51:43.7933333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:23.0166667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-02T12:42:07.33'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1489/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1489) of Carole A. Fiola, Paul A. Schmid, III and Alan Silvia relative to health care decisions during periods of incapacity. The Judiciary.

Section 1. Purpose: The legislature hereby finds and declares that A. The Commonwealth of Massachusetts recognizes the fundamental right of an adult to determine the nature and extent of health care the individual will receive, including treatment provided during periods of incapacity. While all persons have a right to make a written directive, not all take advantage of that right, and it is the purpose of the surrogacy provisions of this chapter to ensure that health care decisions can be made in a timely manner by a person’s next of kin, friend or other qualified individual without involving court action. This chapter specifies a process to establish a surrogate decision-maker when there is no valid advance directive or a guardian, as defined in c. 190B § 5-101, to make health care decisions. Section 2. Definitions Chapter 201D of the General Laws is hereby amended by inserting in Section 1 the following: (1)(a) “Available”, that a person is not “unavailable”. A person is unavailable if (i) the person’s existence is not known, or (ii) the person has not been able to be contacted by telephone or mail, or (iii) the person lacks decisional capacity, refuses to accept the office of surrogate, or is unwilling to respond in a manner that indicates an informed choice among the treatment matters at issue. (1)(b) “Attending physician”, a licensed physician in Massachusetts selected by or assigned to the person and who has primary responsibility for treatment and care of the person. If more than one physician shares that responsibility, the physician most familiar with the person’s status and condition may act as the attending physician under this Act. (1)(c) “Incapacitated person” a person is incapacitated for decision-making regarding his or her health care if the person is unable to understand the nature and consequences of proposed medical treatment, including its risks and benefits, or is unable to express a preference regarding the treatment. (1)(d) “Qualified individual” shall be an adult who has exhibited special care and concern for the person, who is familiar with the person’s personal values, who is reasonably available and who is willing to serve. Section 3. Surrogate Decision Making Chapter 201D of the General Laws is hereby amended by adding a new section 18, Surrogacy: 1. Applicability- This Section applies to “incapacitated persons” as defined in subsection 2 of this Act. This Section does not apply to instances in which the person has an operative and unrevoked Health Care Proxy under this Chapter 201D, or has an operative Medical Order for Life Sustaining Treatment (“MOLST”) form and the person’s conditions falls within the coverage of the health care proxy and/or MOLST form. In those instances, the Health Care Proxy or MOLST form shall be given effect according to its terms. 2. Decisions concerning medical treatment on behalf of a person without decisional capacity are lawful, without resort to the courts or legal process, if a person does not have a condition subject to GL 190B Section 5-306A (Substituted Judgment) and if decisions are made in accordance with one of the following paragraphs of this subsection and otherwise meets the requirements of this Section. A surrogate decision maker appointed pursuant to this Section has authority to make decisions regarding transfers and/or admission to a nursing facility. A surrogate decision maker appointed pursuant to this Section shall not have the authority to admit or commit a patient without decisional capacity to an inpatient mental health facility as defined in the regulations of the Department of Mental Health. 3. Court appointed guardianship for incapacitated persons, pursuant to GL 190B, remains a valid means of establishing a medical decision-maker. 4. Decisions concerning medical treatment on behalf of an incapacitated person may be made by surrogates in the order of priority provided in Section 9 in consultation with the attending physician. A surrogate decision maker shall make decisions for the person conforming as closely as possible to what the person would have done or intended under the circumstances, taking into account evidence that includes, but is not limited to, the person’s philosophical, religious and moral beliefs and ethical values relative to the purpose of life, sickness, medical procedures, suffering and death. Where possible, the surrogate shall determine how the person would have weighed the burdens and benefits of initiating recommended medical treatment against the burdens and benefits of refusing treatment. In the event an unrevoked health care proxy is no longer valid due to a technical deficiency or is not applicable to the person’s condition, that document may be used as evidence of a person’s wishes. If the person’s wishes are unknown and remain unknown after reasonable efforts to discern them, the decision shall be made on the basis of the person’s best interests as determined by the surrogate decision maker. In determining the person’s best interests, the surrogate shall weigh the burdens on and benefits to the person of initiating recommended medical treatment against the burdens and benefits of refusing treatment and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the person would have considered if able to act for herself or himself. 5. For purposes of this Section, a person lacks capacity to make a decision regarding his or her health care if the person is unable to understand the nature and consequences of a proposed medical treatment, including its risks and benefits, or is unable to express a preference regarding the treatment To make the determination regarding capacity, the physician shall interview the person, review the person’s medical records, and consult with skilled nursing or intermediate care facilities as appropriate. The physician may also interview individuals having recent care and custody of the person, as well as family members and friends of the person, if any have been identified. 6. When a person becomes an incapacitated person, the health care provider must make a reasonable inquiry as to the availability and authority of a health care proxy. When no health care proxy is available, the health care provider shall make a reasonable inquiry as to the availability of possible surrogates listed in items (A) through (E) of Subsection 9. For purposes of this Section, a reasonable inquiry includes, but is not limited to, identifying a member of the person’s family or other health care agent by examining the person’s personal effects or medical records. If one or more family members or health care agents or alternate health care agents are identified, the health care provider shall attempt to contact them. No person shall be liable for civil damages or subject to professional discipline based on a claim of violating a person’s right to confidentiality as a result of making a reasonable inquiry as to the availability of a person’s family member or health care agent or alternate health care agent except for willful or wanton misconduct. 7. The person’s surrogate shall be an adult who has exhibited special care and concern for the person, who is familiar with the person’s personal values, who is reasonably available, and who is willing to serve. 8. A health care provider shall require an individual claiming the right to act as surrogate for the person to provide a written declaration under penalty of perjury, stating facts and circumstance reasonably sufficient to establish the claimed authority. 9. Consideration may be given, in order of descending preference for serve as a surrogate, to: A. The person’s spouse, unless legally separated; B. The person’s adult child; C. The person’s parent; D. The person’s adult sibling; E. Any other adult who satisfies the requirement of subdivision 7. 10. Where there are multiple possible surrogate decision makers at the same priority level, the attending physician or the advanced practice nurse practitioner shall, after a reasonable inquiry, select as the surrogate the person who reasonably appears to be best qualified. The following criteria shall be considered in the determination of the person best qualified to serve as the surrogate: a. Whether the proposed surrogate reasonably appears to be better able to make decisions either in accordance with the known wishes of the person or in accordance with the person’s best interests; b. The proposed surrogate’s regular contact with the person prior to and during the incapacitating illness; c. The proposed surrogate’s demonstrated care and concern; d. The proposed surrogate’s availability to visit the incapacitated person during his or her illness; and e. The proposed surrogate’s availability to engage in face-to-face contact with health care providers for the purpose of fully participating in the decision-making process 11. The attending physician may select a proposed surrogate who is ranked lower in priority if, in his or her judgment, that individual is best qualified, as described in subsection 10, to serve as the incapacitated person’s surrogate. The attending physician shall document in the incapacitated person’s medical records his or her reasons for selecting a surrogate in exception to the priority order provided in subsection (9) of this Section. 12. The following persons may not serve as a surrogate: (i) No person who is the subject of a protective order or other court order that directs that person to avoid contact with the person shall be eligible to serve as the person’s surrogate. (ii) No person shall be identified as surrogate over the express objection of the person, and a surrogacy shall terminate if at any time a person for whom a surrogate has been appointed expresses objection to the continuation of the surrogacy. (iii) A treating health care provider of the person who is incapacitated; (iv) an employee of a treating health care provider not related to the person who is incapacitated; (v) an owner, operator or administrator of a health care facility serving the person who is not related to the person who is incapacitated; or (6) any person who is an employee of an owner, operator or administrator of a health care facility serving the person who is incapacitated who is not related to that person. 13. Unless the principal regains health decision-making capacity, or specifies a shorter period, a surrogate designation under this Section is effective only during the episode of treatment or illness when the surrogate decision is made, or for 90 days, which period is shorter. 14. After a surrogate has been identified, the name, address, telephone number, and relationship of that person to the person shall be recorded in the person’s medical record. 15. Any surrogate who becomes unavailable for any reason may be replaced by applying the provisions of Subsections 7 through 12 of this Section, in the same manner as for the initial choice of surrogate. 16. In the event an individual of a higher priority to an identified surrogate becomes available and willing to be the surrogate, the individual with higher priority may be identified by the attending physician if such identification satisfied the requirements of subsections 7 through 12 of this Section. 17. The surrogate decision maker shall have the same right as the person to receive medical information and medical records and consent to disclosure. 18. No physician shall be required to identify a surrogate, and may, in the event a surrogate has been identified, revoke the surrogacy if the surrogate is unwilling or unable to act. 19. Every health care provider and other person (a “reliant”) shall have the right to rely on any decision or direction by the surrogate decision maker (the “surrogate”) that is not clearly contrary to this Section, to the same extent and with the same effect as though the decision or direction had been made or given by a person with decisional capacity. Any person dealing with the surrogate may presume in the absence of actual knowledge to the contrary that the acts of the surrogate conform to the provisions of this Section. A reliant will not be protected who has actual knowledge that the surrogate is not entitled to act or that any particular action or inaction is contrary to the provision of this Section. 20. A health care provider (a “provider) who relies on and carries out a surrogate’s directions and who acts with due care in accordance with this Section shall not be subject to any claim based on lack of personal consent or to criminal prosecution or discipline for unprofessional conduct. Nothing in this Act shall be deemed to protect a provider from liability for the provider’s own negligence in the performance of the provider’s duties in carrying out instructions of the surrogate, and nothing in this Act shall be deemed to alter the law of negligence as it applies to the acts of any surrogate or provider. 21. A surrogate who acts or fails to act with due care and in accordance with the provision of this Act shall not be subject to criminal prosecution or any claim based upon lack of surrogate authority or failure to act. The surrogate shall not be liable merely because the surrogate may benefit from the act, has individual or conflicting interest in relations to the care and affairs of the person, or acts in a different manner with respect to the person and the surrogate’s own care or interests. 22. The health care providers, staff, and/ or facility caring for the patient without decisional capacity, the conservator, members of the patient without decisional capacity’s family, a close friend of the patient without decisional capacity, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect to any dispute arising under this chapter, including, but not limited to, a proceeding to: a. have the surrogate decision maker removed on the ground that the surrogate decision maker is not reasonably available, willing or competent to fulfill his or her obligations under this chapter or is acting in bad faith; or b. override the surrogate decision maker’s decision about health care treatment on the grounds that: the decision was made in bad faith or the decision is not in accordance with the standards set forth in section five.

[]

[]

[]

[]

An Act establishing a diaper benefits pilot program

H149

HD2762

{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T16:15:46.38'}

[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T16:15:46.38'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-19T16:08:18.8133333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-28T14:09:16.5333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-25T07:59:08.8766667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T20:00:12.9466667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:04:42.36'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:40:45.5433333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-28T14:11:08.88'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T13:40:39.0466667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-24T09:50:38.44'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-19T16:36:55.6366667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:14:51.63'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T15:07:42.4666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T15:25:46.0533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-14T09:05:30.8166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-01T16:21:12.8366667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-07T08:12:06.4266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:37:47.1733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:59:06.78'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-13T16:21:38.3066667'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:59:13.93'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-28T07:29:56.32'}]

{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-17T16:15:46.38'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H149/DocumentHistoryActions

Bill

By Representatives Domb of Amherst and Pignatelli of Lenox, a petition (accompanied by bill, House, No. 149) of Mindy Domb, Smitty Pignatelli and others for legislation to establish a diaper insufficiency fund. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after section 2J, the following new section:- Section 2K. (a) As used in this section, the following words shall have the following meanings unless context clearly requires otherwise: “Commissioner,” the commissioner of the department of public health. “Department,” the department of public health. “Fund,” the diaper benefits trust fund. “Organization,” an entity, including but not limited to, that acts in whole or in part as a diaper bank, diaper distribution organization, food bank or food pantry. “Pilot program,” an organization or organizations receiving funds from the department to provide diapers to low-income families with diaper-wearing infants and/or children. Organizations may collaborate to maximize distribution in their respective regions. (b) There shall be established and set up on the books of the commonwealth a fund to address diaper insufficiency that shall be administered by the commissioner. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources such as gifts, grants and donations to further the pilot program. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of the fiscal year shall not revert to the General Fund. (c) The department shall distribute resources from the fund by issuing a request for proposal through which an organization or organizations may apply. Funds received shall be used for one or more of the following purposes: (i) acquiring diapers, (ii) storing diapers, (iii) distributing diapers, (iv) organizing diaper drives, or (v) marketing the pilot program. The department shall grant funds based on the demonstrated capacity and need of the applicant. The department shall fund up to 12 applicants no more than 2 of which shall be from the western region of the commonwealth; no more than 2 of which shall be from the central region of the commonwealth; no more than 2 of which shall be from the eastern region of the commonwealth; no more than 2 of which shall be from the southeastern region of the commonwealth; no more than 2 of which shall be from Cape Cod or the Islands; and no more than 2 of which shall be from the Merrimack valley. Amounts received from private sources shall be approved by the commissioner of the department and subject to review before being deposited in the fund to ensure that pledged funds are not accompanied by conditions, explicit or implicit, on distributing diapers. (d) Not later than one year after the implementation of each pilot program said department shall provide a report to the joint committee on children, families and persons with disabilities and to the house and senate committees on ways and means. The report shall include, but not be limited to: (i) the number of children receiving diapers through the pilot program; (ii) the number of households receiving diapers through the pilot program; (iii) the number of diapers distributed through the pilot program to families in each region; (iv) an explanation of the organization's distribution process and allocation determination; (v) the sources and the amounts remaining in the fund; (vi) if and how the pilot program was able to leverage additional support; (vii) the amounts distributed and the purpose of expenditures from the fund; and (viii) the advisability of expanding the pilot program.

[]

[]

[]

[]

An Act relative to authorizing electronic signatures for criminal complaints

H1490

HD3137

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-13T12:21:47.1'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-13T12:21:47.1'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:01.82'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1490/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1490) of Carole A. Fiola and Paul A. Schmid, III relative to authorizing electronic signatures for criminal complaints. The Judiciary.

SECTION 1. Section 22 of chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 4, the words:- , electronically or in person SECTION 2. Section 22 of chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 7, the following words after the word “Procedure.”:- If a complaint is submitted electronically by the complainant, the complainant, if a law enforcement officer, may, in lieu of being examined on oath by justice, subscribe to the complaint under the pains and penalties of perjury. SECTION 3. Section 2 of chapter 275 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 5, the words:- , electronically or in person SECTION 4. Section 2 of chapter 275 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 5, the flowing words after the word “complainant.”:- If a complaint is submitted electronically by the complainant, the complainant, if a law enforcement officer, may, in lieu of being examined on oath by such court or a justice, subscribe to the complaint under the pains and penalties of perjury.

[]

[]

[]

[]

An Act to improve the administration of justice in probate and family court

H1491

HD3140

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:45:24.393'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-12T10:45:24.3933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:15:21.29'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:42:38.5733333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:43:58.8066667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:29:16.2633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1491/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1491) of Carole A. Fiola and others for legislation to increase the number of associate justices in Probate and Family Court. The Judiciary.

Section 3C of chapter 217 of the General Laws as appearing in the 2018 Official Edition is hereby amended by striking out, in line 1, the number “11” and inserting in place thereof “19”

[]

[]

[]

[]

An Act relative to dangerousness offenses

H1492

HD3892

{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-20T15:09:56.32'}

[{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-20T15:09:56.32'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:40:45.06'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-30T10:44:53.8533333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-19T06:29:36.24'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1492/DocumentHistoryActions

Bill

By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 1492) of Carole A. Fiola, Alan Silvia and Paul A. Schmid, III relative to dangerousness offenses. The Judiciary.

Section 1. Section 58A of Chapter 276 of the General Laws is hereby amended by striking out the first paragraph and inserting the following:- Section 58A. (1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for: (A) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; (B) a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A; (C) a violation of section 13B of chapter 268; (D) a violation of section 1, 13, 13 ½, 13B, 13 B ¾, 13F, 13H, 14, 15, 15A, 15B, 15D, 15E, 15F, 16, 17, 18, 18A, 18B, 18C, 19, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26, 26B, 26C, 26D, 37, 43, 50, 51 or 52 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer; (E) a violation of section 2, 4A, 4B, 16, 29A, 29B, 77C or a subsequent offense of section 29C, of chapter 272; (F) a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B; (G) an offense for which a mandatory minimum term of 3 years or more is prescribed in chapter 94C; (H) any violation of sections 1, 2, 14, 15, 16, 18, 102 or 102A of chapter 266; (I) a violation of subsection (a), (c), (d), or (m) of section 10 of chapter 269, provided, however, that the commonwealth may not move for an order of detention under this section based on possession of a large capacity feeding device without simultaneous possession of a large capacity weapon; or arrested and charged with a violation of section 10G of said chapter 269; (J) a violation of section 10G, or 14 of chapter 269; or (K) conspiracy or solicitation to commit any of the above enumerated crimes. Section 2. Section 58A of Chapter 276 is hereby amended by striking out the third paragraph and inserting the following:- If, after a hearing pursuant to the provisions of subsection (4), the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial. A person detained under this subsection shall be brought to a trial as soon as reasonably possible. The person held under the provisions of this section, shall remain held until the disposition of the case consistent with Massachusetts Rules of Criminal Procedure Rule 36(b)(2). A justice may not impose a financial condition under this section that results in the pretrial detention of the person. Nothing in this section shall be interpreted as limiting the imposition of a financial condition upon the person to reasonably assure his appearance before the courts.

[]

[]

[]

[]

An Act to remove collateral consequences and protect the presumption of innocence

H1493

HD2963

{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T19:59:18.813'}

[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T19:59:18.8133333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:52:35.51'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-27T17:06:37'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-25T14:04:04.87'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-09-19T13:30:15.1166667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T13:45:40.0866667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-14T13:02:19.8133333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-07-20T15:01:17.38'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:06:30.2866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-05-08T13:50:32.2133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T22:18:10.8166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-24T19:52:46.4033333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:49:24.8866667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:03:38.4'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T16:33:17.5966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1493/DocumentHistoryActions

Bill

By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1493) of Brandy Fluker Oakley and others for legislation to remove collateral consequences and protect the presumption of innocence. The Judiciary.

SECTION 1. Section 172(a)(3) of chapter 6, as appearing in the 2020 Official Edition, is hereby amended by striking the number “10” in the second sentence in subsection (i) and inserting in place thereof, the following number:- 7. SECTION 2. Section 172(a)(3) of chapter 6, as appearing in the 2020 Official Edition, is hereby amended by striking the number “5” in subsection (ii) and inserting in place thereof, the following number:- 3. SECTION 3. Section 100A of chapter 276, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- “The commissioner shall also comply with the request for sealing without imposing a waiting period for any offense that did not result in a conviction or “guilty file” disposition. SECTION 4. Section 100B of chapter 276, as appearing in the 2020 Official Edition, is hereby amended after the last sentence in the first paragraph, the following two paragraphs:- The words "delinquent" and "delinquency" as used in this section shall include and pertain to any juvenile offense, including where the juvenile is charged as or adjudicated a youthful offender, as long as the juvenile offense was not transferred from the juvenile court or a juvenile session to another court, or not filed in superior court. Notwithstanding the above provisions, the clerk and the commissioner shall seal all records related to any offense immediately if the offense did not result in an adjudication, absent an objection from the juvenile upon final disposition of the offense, including completion of any period of court-ordered supervision or other court ordered conditions related to the offense. The juvenile shall not be required to file a petition or other request to seal the offense or offenses. A juvenile who objected to sealing of an offense or who otherwise has an unsealed offense that did not result in an adjudication shall be permitted to request sealing of the same offense at a later time, and the commissioner shall seal any such eligible offense upon request. SECTION 5. Section 100C of chapter 276, as appearing in the 2020 Official Edition, is hereby amended by striking the first and second paragraph and inserting in place thereof the following paragraphs:- (a) Whenever a criminal court offense does not result in a conviction, the clerk and the commissioner shall seal all records related to the offense immediately absent an objection from the defendant upon final disposition of the offense, including completion of any period of court-ordered supervision or other court ordered conditions for the offense. The individual shall not be required to file a petition or other request to seal the charge or charges. A person who objects to sealing or who otherwise has an unsealed offense that did not result in a conviction shall be permitted to request sealing of the same offense at a later time, and the commissioner shall seal any such eligible offense upon request. Nothing in this section shall prohibit the commissioner from sealing any eligible offense pursuant to section 100A of this chapter. (b) For the purposes of this section, a conviction is defined only as a finding of guilt, and does not include a continuance without a finding. SECTION 6. Section 172 of chapter 6, as appearing in the 2020 Official Edition, is hereby amended by adding after subsection (o), the following new subsection :- (p) When the department provides any requestor with criminal offender record information about any pending charge or any offense that did not result in a criminal conviction, the department shall provide a written statement to the requestor that “A presumption of innocence applies to an individual with an offense that did not result in a conviction or is still pending,” SECTION 7. Section 100Q of chapter 276, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence the following two sentences:- The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the sealed records to the individual or the individual’s legal representative without said person or legal representative obtaining a court order to unseal the record or taking other action. Immediately prior to sealing or expungement, the clerk’s office of any division of the trial court or the commissioner of probation shall provide a certified copy of the criminal offender record information to the individual for personal use.

[]

[]

[]

[]

An Act updating bail procedures for justice-involved youth

H1494

HD2969

{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T20:24:34.34'}

[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T20:24:34.34'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:36:06.51'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:52:51.0266667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:18:05.27'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T10:18:02.76'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T22:17:44.3833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:42:48.29'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1494/DocumentHistoryActions

Bill

By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1494) of Brandy Fluker Oakley and others for legislation to update bail procedures for justice-involved youth. The Judiciary.

SECTION 1. Section 67 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:- (a) If a child who is not less than 12 and not more than 18 years of age is arrested with or without a warrant, as provided by law, and the court having jurisdiction over the offense is not in session, the officer in charge shall immediately notify at least 1 of the child’s parents or, if there is no parent, the guardian or custodian with whom the child resides or, if the child is in the custody and care of the department of children and families, the department. If the child is not less than 14 and not more than 18 years of age, the officer in charge shall also immediately notify the bail magistrate, who shall inquire into the case. Pending such notice and inquiry, the child shall be detained pursuant to subsection (c). (b) The bail magistrate may direct the officer in charge of the police station or town lockup to accept the written promise of the parent, guardian, custodian or representative of the department of children and families to be responsible for the presence of the child in court at the time and place when the child is ordered to appear and the child shall be released to the person giving such promise. If, in the case of a child who is not less than 14 and not more than 18 years of age: (i) the court issuing a warrant for the arrest of the child directs in the warrant that the child shall be held in safekeeping pending the child’s appearance in court; (ii) the child is charged with a crime that is not bailable; or (iii) the child is unable to furnish any sureties required by the bail magistrate for the child’s appearance, the child shall be detained in a police station, town lockup, place of temporary custody commonly referred to as a detention home of the department of youth services or any other home approved by the department of youth services pending the child’s appearance in court; provided, however, that if a child is so detained, the officer in charge of the police station or town lockup shall notify the parent, guardian or custodian of the child or the appropriate representative of the department of children and families of the detention of the child. SECTION 2. Section 24 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) The maximum fee to be charged by any person authorized to take bail or release on personal recognizance shall be $40; provided, however, that a fee shall not be charged of a juvenile, as defined in section 89 of chapter 119; provided further, that, subject to appropriation, the state bail administrator shall compensate any person authorized to take bail or release on personal recognizance for each case of a juvenile released on personal recognizance or for whom bail was taken and for whom no fee was charged under this subsection. SECTION 3. Subsection (c) of said section 24 of said chapter 262, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:- An individual authorized to take bail may administer an oath or affirmation required in the course of taking bail or releasing on personal recognizance in person or using a telephone, video conferencing application or other virtual option as determined by the state bail administrator. Bail fees may be paid in person or through a virtual or mobile payment option as determined by the state bail administrator.

[]

[]

[]

[]

An Act promoting diversion of juveniles to community supervision and services

H1495

HD3409

{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T22:55:10.49'}

[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T22:55:10.49'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T19:42:26.1566667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T19:42:26.1566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T12:40:45.7166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:34:06.1533333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-25T09:01:36.77'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:53:12.4166667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-26T14:58:25.65'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T10:42:19.3066667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-07T16:04:16.26'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T21:50:53.8133333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:29:50.6'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:34:32.4633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:21:04.2766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T10:15:32.49'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:29:42.1066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-08T14:29:08.7733333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:35:46.67'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1495/DocumentHistoryActions

Bill

By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1495) of Brandy Fluker Oakley and others relative to promoting diversion of juveniles to community supervision and services. The Judiciary.

SECTION 1. Section 54A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “assessment”, in line 16, the following sentence:- Any referral to the juvenile court for a child requiring assistance as defined in section twenty-one, in accordance with the provisions of this section and of sections thirty-nine F to thirty-nine I, inclusive, shall not disqualify said child from diversion. SECTION 2. Said section 54A of chapter 119 of the General Laws is hereby further amended by inserting after the word “proceedings”, in line 38, the following words:- “, after consultation with legal counsel,” SECTION 3. Said section 54A of chapter 119 of the General Laws is hereby further amended by striking out, in line 45, the words “(iv) any statement made by the child or the child’s family during the course of assessment” and inserting in place thereof the following language:- (iv) any statement made by the child or the child’s family during the course of assessment; and (v) information obtained during the course of the assessment. SECTION 4. Said section 54A of chapter 119 of the General Laws is hereby further amended by striking out, in line 87, the word “may” and inserting in place thereof the word:- “shall” SECTION 5. Said section 54A of chapter 119 of the General Laws is hereby further amended by inserting after the words “any records of the”, in line 101, the following words:- “assessment and the” SECTION 6. Said Section 54A of chapter 119 of the General Laws is hereby further amended by striking subsection (g) and inserting in place thereof the following subsection:- (g) (1) A child otherwise eligible for diversion pursuant to this section shall not be eligible for diversion: (i) if the child is indicted as a youthful offender; (ii) if the child is charged with an offense that cannot be continued without a finding or placed on file; (iii) unless there is concurrent district court jurisdiction for such offense, if the child is charged with an offense for which a penalty of incarceration greater than five years may be imposed or for which there is minimum term penalty of incarceration; or (iv) if the child is charged with an offense listed under the second sentence of section 70C of chapter 277; provided however, that a child shall be eligible for diversion if the child is charged with an offense under: (A) paragraph (a) of subdivision (2) of section 24 of chapter 90, (B) subsection (a) of section 13A of chapter 265; (C) the first paragraph of section 13D of chapter 265; (D) subsection (a) of section13M, subsection of chapter 265 (E) (b) of section 15A of chapter 265 (F) subsection (b) of section 15B of chapter 265; (G) section13A of chapter 268; or (H) Section 13C of said chapter 268 Diversion of juvenile court charges under this chapter shall not preclude a subsequent indictment on the same charges in superior court. SECTION 7. Chapter 276 of the General Laws is hereby amended by inserting after section 100U, the following section:- Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a person under the age of criminal majority, law enforcement and criminal justice agencies shall not transmit fingerprints and any records related to the arrest or filing of a court case against the person to the Federal Bureau of Investigation or the Department of Justice for any offense that occurred before the age of criminal majority, except for purposes of requesting that the Federal Bureau of Investigation or the Department of Justice seal or expunge its records as required by section 100T of this chapter and section 36 of chapter 22C of the General laws.

[]

[]

[]

[]

An Act relative to noise reduction devices

H1496

HD3514

{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:11:32.013'}

[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:11:32.0133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1496/DocumentHistoryActions

Bill

By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1496) of Paul K. Frost relative to penalties for the possession of silencers or firearm noise reduction devices. The Judiciary.

Section 10A of Chapter 269 of the Massachusetts General Laws is hereby amended by deleting the section in its entirety and inserting in its place the following: Section 10A. Any person found to be in possession of a firearm suppressor who is: (a) a prohibited person under section 131 of chapter 140; (b) in the commission of a violent crime or felony; (c) in the commission of a crime of violence against a family member; (d) conducting sales or has possession of controlled substances as defined in chapter 94C; shall be punished by imprisonment for not more than ten years in state prison or for not more than two and one-half years in a jail or house of correction. The term “firearm suppressor” or “firearm noise reduction device” means any device for muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm muffler, and any part intended only for use in such assembly or fabrication. For the purposes of this section the term “firearm suppressor” or “firearm noise reduction device” shall have the same meaning as Federal Law 18 USC 921(24).

[]

[]

[]

[]

An Act relative to drug distribution causing death

H1497

HD3518

{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:12:33.353'}

[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:12:33.3533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1497/DocumentHistoryActions

Bill

By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1497) of Paul K. Frost relative to drug distribution causing death. The Judiciary.

Chapter 265 of the General Laws is hereby amended by adding the following section:- Section 59. Any person who, in violation of chapter 94C, manufactures, distributes, or dispenses heroin, fentanyl, methamphetamine, lysergic acid diethylamide, phencyclidine (PCP) or any other controlled substance in Class A, Class B, or Class C, as set forth at section 31 of chapter 94C, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and shall be punished by imprisonment for life or for any term of years as the court may order, and by a fine of not more than $25,000; provided, however, that the sentence of imprisonment imposed upon such person shall not be reduced to less than 5 years, nor suspended, nor shall any such person be eligible for probation, parole or furlough or receive a deduction from his or her sentence for good conduct until such person shall have served 5 years of such sentence. For purposes of this section, a person’s act of manufacturing, distributing, or dispensing a substance is the cause of a death when: (a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and (b) The death was proximately caused by a person who manufactured, distributed, or dispensed such substance. It shall not be a defense to a prosecution under this section that the decedent contributed to his or her own death by such decedent’s purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by such decedent’s consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any other prosecution for homicide.

[]

[]

[]

[]

An Act relative to sex offenders

H1498

HD3523

{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:13:21.593'}

[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:13:21.5933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1498/DocumentHistoryActions

Bill

By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1498) of Paul K. Frost relative to sex offenders. The Judiciary.

SECTION 1. Paragraph (b) of subsection (2) of section 178K of chapter 6 of the General Laws, as so amended by chapter 38 of the Acts of 2013, is hereby amended by inserting, in the second sentence, after the word “Investigation.” the following sentences:- No sex offender designated as a level 2 or 3 offenders shall establish a home address or intended home address or any other living accommodation within 500 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located. Nor shall the offender accept employment within 500 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located.

[]

[]

[]

[]

An Act permitting the adoption of embryos

H1499

HD3529

{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:15:24.213'}

[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:15:24.2133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1499/DocumentHistoryActions

Bill

By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1499) of Paul K. Frost for legislation to authorize persons of full age to petition the probate court for the adoption of an embryo. The Judiciary.

Section 1 of chapter 210 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph :— A person of full age may petition the probate court for the adoption of an embryo. Donors in creation of the embryo cannot be held financially liable for things including but not limited to child support and medical bills.

[]

[]

[]

[]

An Act clarifying the Chapter 32 definition of wages

H15

HD15

{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T16:07:28.407'}

[]

http://malegislature.gov/api/GeneralCourts/193/Documents/H15/DocumentHistoryActions

Bill

So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to clarifying the Chapter 32 definition of wages. Public Service.

Section 1 of Chapter 32 of the general laws, as appearing in the 2020 official edition, is hereby amended in line 605 by inserting after the word “employer”: , including any accrued sick, personal or vacation leave except when paid as a supplement to the receipt of weekly workers’ compensation benefits pursuant to section 69 of chapter 152;

[]

[]

[]

[]

An Act relative to an agricultural healthy incentives program

H150

HD2737

{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:38:13.59'}

[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:38:13.59'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T12:40:22.07'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T11:47:36.4566667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-27T17:49:07.74'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T10:40:05.97'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:31:04.49'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:37:38.1066667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-28T08:32:37.7033333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-01T09:44:54.5566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-23T14:45:30.14'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T16:20:02.9233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-21T18:37:12.66'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:31:40.96'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-30T15:59:39.2566667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:38:21.4766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:29:02.6833333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:32:27.8566667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-24T12:51:01.4666667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T13:31:34.2333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T09:39:49.44'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:27:04.7266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T13:59:53.0033333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T09:42:08.8666667'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-31T14:24:37.5433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:41:14.1266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T10:47:15.4666667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T10:45:23.1133333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T16:48:01.5933333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-16T12:08:24.9233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:09:14.7233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-09T12:18:12.2033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:30:26.03'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:30:26.9833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:58:26.23'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T13:21:13.7833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:11:50.1033333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-27T16:34:33.41'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-26T10:30:47.11'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:04:54.4466667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T14:52:52.56'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:59:38.6966667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:39:22.96'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T12:57:38.2733333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T15:02:38.0266667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-01T14:12:15.27'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T12:20:54.2766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:05:44.03'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T16:57:31.3333333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-02T16:21:58.8166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-13T12:55:10.1766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:02:49.1233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T14:27:01.51'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:35:02.07'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H150/DocumentHistoryActions

Bill

By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 150) of Mindy Domb and others for legislation to authorize agricultural healthy incentives program. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 128 of the General Laws is hereby amended by inserting after section 2E the following section:- Section 2F. (a) The department of transitional assistance, in partnership with the department of agricultural resources and the department of public health, shall operate a healthy incentives program. The program shall provide that Supplemental Nutrition Assistance Program benefits, established pursuant to the Food and Nutrition Act of 2008, 7 U.S.C. section 2011 hereinafter referred to as SNAP, redeemed for fruit and vegetable purchases, either fresh, canned, dried or frozen, by a SNAP recipient at a participating vendor, shall entitle the recipient to receive a matching benefit reimbursed on the recipient’s EBT card, within limits to be established by the department. (b) There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of the department of transitional assistance, which shall be known as the Massachusetts Healthy Incentives Fund. The Fund shall consist of all revenues from public and private sources as appropriations, gifts, grants, donations, reimbursements from the federal government and grants-in-aid or other receipts to further the purposes of the Fund in accordance with this section. (c ) The Department of Transitional Assistance and its partners may apply for any available federal programs such as Gus Schumacher Nutrition Incentive Program administered by the United States Department of Agriculture to provide matching benefits to be deposited in the Fund. SECTION 2. The Department of Transitional Assistance shall promulgate rules and regulations to implement the program set forth in section 1.

[]

[]

[]

[]

An Act relative to throwing objects at motor vehicles

H1500

HD3538

{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:17:04.54'}

[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:17:04.54'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1500/DocumentHistoryActions

Bill

By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 1500) of Paul K. Frost relative to the penalties for throwing or shooting objects at motor vehicles. The Judiciary.

Section 104 of chapter 159 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever willfully throws or shoots an object at a motor vehicle, locomotive engine, or railroad or railway car or train or at a motor bus or trackless trolley vehicle, or at a school bus, or in any way assaults or interferes with a driver, conductor, engineer, brakeman, motorman or operator while in the performance of his duty on or near such engine, car, train, motor bus or trackless trolley vehicle, or school bus, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 5 years, or both.

[]

[]

[]

[]

An Act relative to patient care access

H1501

HD151

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:36:14.473'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:36:14.4733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1501/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1501) of William C. Galvin relative to patient safety, medical error reporting and medical malpractice. The Judiciary.

SECTION 1. Section 1 of chapter 111 is hereby amended by striking out the definition of “Medical peer review committee” or “committee”, and inserting in place thereof the following definition:- “Medical peer review committee” or “committee”, a committee of health care providers, which functions to: (i) evaluate or improve the quality of health care rendered by providers of health care services; (ii) determine whether health care services were performed in compliance with the applicable standards of care; (iii) determine whether the costs of health care services were performed in compliance with the applicable standards of care; (iv) determine whether the cost of the health care services rendered were considered reasonable by the providers of health services in the area; (v) determine whether a health care provider’s actions call into question such health care provider’s fitness to provide health care services; or (vi) evaluate and assist health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise; provided further, that “medical peer review committee” shall also include: (i) a committee of a pharmacy society or association that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care; or (ii) a pharmacy peer review committee established by a person or entity that owns a licensed pharmacy or employs pharmacists that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care. SECTION 2. Said chapter 111 of the General Laws is hereby further amended by inserting at the end of section 204 the following : (f) The provisions of this section shall apply to any committee formed by an individual health care provider, physician group practice, licensed health care facility or any combination thereof to perform the duties or functions of medical peer review as set forth in section one of this chapter, notwithstanding the fact that the formation of the committee is not required by law or regulation or that the individual, group or facility is not solely affiliated with a public hospital or licensed hospital or nursing home or health maintenance organization. SECTION 3. Section 5(c) of Chapter 112 is hereby amended on line 140 after the word “occasions” by inserting the following: For purposes of this subsection, the offering of expert testimony in any action for malpractice, negligence, error, omission, mistake, or unauthorized rendering of professional services against a physician licensed pursuant to section 2 of Chapter 112 of the general laws, shall constitute the practice of medicine. SECTION 4. Chapter 175 of the Massachusetts General Laws is hereby amended by the addition of the following new section: Section 193 V: Every insurer or risk management organization which provides insurance to a physician licensed under Chapter 112 of the Massachusetts General Laws shall make an annual report to the Betsy Lehman Center for Patient Safety and Medical Error Reduction established by Chapter 177 of the Acts of 2001. Said report shall list the top ten categories of losses, claims or actions for damage for personal injuries alleged to have been caused by error, omission or negligence in the performance by physicians of medical services the company incurred during the previous calendar year. Said report shall also identify the top ten defendant specialties as to cost and frequency of cases in the prior year. Where applicable, organizations shall include reports outlining losses and claims for non-physician health care providers as well. Reports shall include completed cases and settlements only and shall include no information identifying providers or patients. Reports shall be provided to the center at its request under annual timelines and reporting requirements established by the center with the input of the advisory committee established in Chapter 6A Section 16 E (C). The Center shall use this information in the development of evidence-based best practices to reduce medical errors and enhance patient safety as required by Chapter 6A Section 16 E (e) 1 to increase awareness of error prevention strategies through public and professional education as required by Chapter 6A Section 16 E (e) 4. SECTION 5. Section 60G(a) of Chapter 231 of the General is amended by striking in lines 10 and 11 the following: “prior to the judgment” and adding in lines 12 and 27 after the word “compensated” the following: , replaceable, compensable or indemnifiable,. SECTION 6. Section 60K of Chapter 231 of the General Laws is hereby amended by adding the following at the end thereof: In any action for malpractice, error or mistake against a provider of health licensed pursuant to section 2 of Chapter 112, including actions pursuant to section 60B of this Chapter, an expert witness shall be board certified in the same specialty as the defendant licensed pursuant to section 2 of Chapter 112. SECTION 7. Chapter 231 of the General Laws is hereby amended by adding after section 60L, the following new section: Section 60M. In every action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a provider of health care where the court shall, at the request of either party, (a) Enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds fifty thousand dollars ($50,000) in future damages. In entering a judgment ordering of the payment of future damages by periodic payments, the court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages, the court shall require the defendant who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the defendant. (b)(1) The judgment ordering the payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Such payments shall only be subject to modification in the event of the death of the judgment creditor. (2) In the event that the court finds that the defendant has exhibited a continuing pattern of failing to make the payments, as specified in paragraph (1), the court shall find the defendant in contempt of court and, in addition to the required periodic payments, shall order the defendant to pay the plaintiff all damages caused by the failure to make such periodic payments, including court costs and attorney’s fees. (c) However, money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the plaintiff, but shall be paid to persons to whom the plaintiff owed a duty of support, as provided by law, immediately prior to his death. In such cases the court which rendered the original judgment, may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subdivision. (d) Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the defendant to make future payments shall cease and any security given, pursuant to section (a) shall revert to the defendant. SECTION 8. Said chapter 231 is hereby amended by inserting after section 60M the following section:— Section 60N. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter 231, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all judgments entered after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment. At no point shall the rate of interest established by this section exceed the rate of interest set forth in said section 6B of chapter 231.

[]

[]

[]

[]

An Act to encourage quality reviews and reduce costs in health care

H1502

HD153

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:39:16.067'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:39:16.0666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1502/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1502) of William C. Galvin for legislation to encourage quality reviews and reduce costs in health care. The Judiciary.

Section (1) Chapter 111 of the General Laws is hereby amended by inserting at the end of section 204 the following : (f) The provisions of this section shall apply to any committee formed by an individual health care provider, physician group practice, licensed health care facility or any combination thereof to perform the duties or functions of medical peer review as set forth in section one of this chapter, notwithstanding the fact that the formation of the committee is not required by law or regulation or that the individual, group or facility is not solely affiliated with a public hospital or licensed hospital or nursing home or health maintenance organization. Section 2 Chapter 231: Section 60K of the General Laws is hereby amended by its deletion and replacement with the following: Section 60K. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below rather than the rate specified in section 6B of chapter 231, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1-year constant maturity Treasury yield plus 2 per cent, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment. At no point shall the rate of interest established by this section exceed the rate of interest set forth in said section 6B of chapter 231. Section 3 Chapter 231: Section 60 of the General Laws, is hereby amended at the end thereof with the addition of the following new section: Section 60 M: In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, against a provider of health care, the plaintiff cannot recover for loss of an opportunity to survive or an opportunity to achieve a better result unless the opportunity was greater than 50%. In addition the plaintiff shall have the burden of proving the following: (1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which he practices or in a similar community at the time the alleged injury or wrongful action occurred; (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and (3) As a direct and proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred. (4) The plaintiff was a patient of the defendant and had a professional relationship to the defendant which created a duty of care on the defendants part or where the plaintiff is a reasonably identifiable victim of the patient of a defendant psychotherapist to whom the patient communicated a serious threat of physical violence against the plaintiff. Section 4 Chapter 93A Section 9 paragraph 3 of the General Laws is hereby amended by the deletion of the following sentence : “For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence, regardless of the existence or nonexistence of insurance coverage available in payment of the claim.” and the insertion of the following in its place: “For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall not be the judgment on the underlying claims but shall be the judgment interest applied to the judgment by the courts, regardless of the existence or nonexistence of insurance coverage available in payment of the claim."

[]

[]

[]

[]

An Act relative to the reckless evasion of a police officer

H1503

HD165

{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:59.577'}

[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:59.5766667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T07:42:41.2633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-13T08:54:54.3266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1503/DocumentHistoryActions

Bill

By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1503) of William C. Galvin relative to the reckless evasion of police officers. The Judiciary.

SECTION 1. Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 25 the following section:- Section 25A. Any person who flees or attempts to elude a police officer while operating a motor vehicle willfully or with a wanton disregard for the safety of persons or property, shall be punished by a fine of not less than one hundred dollars and not more than one thousand dollars or by imprisonment for not less than six months and not more than two years, or both. A conviction under this provision shall result in a driver's license suspension by the registry of motor vehicles for 60 days. For the purposes of this section, willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing police officer during which time the driver causes property damage or makes three or more moving violations.

[]

[]

[]

[]

An Act to further protect children

H1504

HD1329

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:15:41.683'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:15:41.6833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1504/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1504) of Colleen M. Garry relative to the reporting of missing children. The Judiciary.

SECTION 1. Chapter 269 of the General Laws is hereby amended by adding the following new section: Section 20: A parent, legal guardian or caretaker who willfully fails to contact law enforcement or emergency personnel concerning the safety of a minor child, 16 years of age or younger, in his or her care whose whereabouts has not been ascertained within the past 48 hours shall be punished by imprisonment in state prison for not more than five years. A parent, legal guardian or caretaker of a minor child, 16 years of age or younger, who has knowledge of the death of said child, and who fails to notify law enforcement or emergency personnel of said death within one hour of their knowledge of the occurrence, shall be punishable by imprisonment in state prison for not more than five years, or by a fine of not more than ten thousand dollars and imprisonment in a house of correction for not more than two and one half years.

[]

[]

[]

[]

An Act relative to the concealment of the death of children and the penalties for the sale or purchase of minor children

H1505

HD1330

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:15:08.743'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:15:08.7433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1505/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1505) of Colleen M. Garry relative to the concealment of the death of children and the penalties for the sale or purchase of minor children. The Judiciary.

SECTION 1. Chapter 272 of the General Laws, as so appearing, is hereby amended by striking out Section 22 and inserting in place thereof the following:— Section 22. Whoever conceals the death of a child, so that it cannot be ascertained whether it was born alive or, if born alive, whether it was murdered, shall be punished by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than two and one-half years. SECTION 2. Chapter 272 of the General Laws, as so appearing, is hereby further amended by inserting after Section 22 the following section:— Section 22A. Unless otherwise provided by law, whoever trades, sells or arranges for the sale of a minor child to another person for money or property, real or personal, or anything else of value, or whoever receives such minor child for such payment or thing of value shall be punished by imprisonment in state prison for not more than five years or in a house of correction for not more than two and one-half years.

[]

[]

[]

[]

An Act relative to child custody when either parent is on active military duty

H1506

HD1331

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:14:30.47'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:14:30.47'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1506/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1506) of Colleen M. Garry relative to child custody when parents are on active military duty. The Judiciary.

1) Amend Section 31A of Chapter 208 by adding at the end thereof the following: (a) A party's absence, relocation, or failure to comply with custody and parenting time orders shall not be considered in determining whether to modify a custody or parenting 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. (b) If a party with sole or joint physical custody or parenting time receives temporary duty, deployment, or mobilization orders from the military that requires 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 parenting time rights, the court may do both of the following: (1) Issue a temporary custody or parenting time 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 parenting time order shall terminate upon the return of the party, at which time the prior custody or parenting time order shall return to effect. (2) Issue an order delegating all or part of the party's parenting time rights to a family member with a close relationship to the child, or a stepparent of the child, 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 parenting time rights is in the best interest of the child. (c) 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: The following terms have the following meanings: (d) "Deployment" means the temporary transfer of a member of the Armed Forces in active-duty status in support of combat or some other military operation. "Mobilization" means 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" means 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. (1) Upon motion of the party, hold an expedited hearing to determine custody and parenting 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. 2) Amend Section 11 of Chapter 209C by adding at the end thereof the following: (a)A party's absence, relocation, or failure to comply with custody and parenting time orders shall not be considered in determining whether to modify a custody or parenting 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. (b) If a party with sole or joint physical custody or parenting time receives temporary duty, deployment, or mobilization orders from the military that requires 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 parenting time rights, the court may do both of the following: (1) Issue a temporary custody or parenting time 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 parenting time order shall terminate upon the return of the party, at which time the prior custody or parenting time order shall return to effect. (2) Issue an order delegating all or part of the party's parenting time rights to a family member with a close relationship to the child, or a stepparent of the child, 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 parenting time rights is in the best interest of the child. (c) 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: (d)The following terms have the following meanings: "Deployment" means the temporary transfer of a member of the Armed Forces in active-duty status in support of combat or some other military operation. "Mobilization" means 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" means 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. (1) Upon motion of the party, hold an expedited hearing to determine custody and parenting 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.

[]

[]

[]

[]

An Act requiring blood testing for a surviving drivers

H1507

HD1332

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:13:40.59'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:13:40.59'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1507/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1507) of Colleen M. Garry for legislation to require blood testing for survivors of motor vehicle accidents or collisions resulting in personal injury or death. The Judiciary.

SECTION 1. Section 24 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “liquor”, in lines 537 and 538, the following words:- or involved in any motor vehicle accident or collision resulting in personal injury or death. SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 546, the word “arrested”. SECTION 3. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “liquor”, in line 548, the following words:- or during any motor vehicle accident or collision resulting in personal injury or death. SECTION 4. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 548, the word “arrested”. SECTION 5. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 552 and 553, the words “no such test or analysis shall be made and”. SECTION 6. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 515, the word “and”. SECTION 7. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “operator”, in line 593, the following words:- ; and (iv) proceed in administering the test or analysis of the person’s blood pursuant to this section. SECTION 8. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 599, the word “arrested”. SECTION 9. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “liquor”, in lines 600 and 601, the following words:- or during any motor vehicle accident or collision resulting in personal injury or death. SECTION 10. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 648, the word “arrested”. SECTION 11. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “liquor”, in line 649, the following words:- or during any motor vehicle accident or collision resulting in personal injury or death. SECTION 12. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 686, the word “arrested”. SECTION 13. Said Section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “liquor”, in line 688, the following words:- or during any motor vehicle accident or collision resulting in personal injury or death. SECTION 14. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “arrest”, in line 689, the following words:- or motor vehicle accident or collision. SECTION 15. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “liquor”, in line 712, the following words:- or during any motor vehicle accident or collision resulting in personal injury or death.

[]

[]

[]

[]

An Act known as "Drug Test Consent Bill" aka "Christina's Law"

H1508

HD1342

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:07:45.427'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:07:45.4266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1508/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1508) of Colleen M. Garry relative to the penalty for operating a motor vehicle under the influence of alcohol or drugs. The Judiciary.

SECTION 1. Section 24 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 1 to 11, inclusive, the words “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.” and inserting in place thereof the following words:- Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of 8/100ths or greater, or while under the influence of any drug , shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than 2 and 1/2 years, or both such fine and imprisonment. For the purposes of this paragraph, “drug” shall mean a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely SECTION 2. Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out paragraphs e to g, inclusive, and inserting in place thereof the following 3 subsections:- (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant’s blood at the time of the alleged offense, or evidence of the presence of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, as shown by chemical test or analysis of the defendant’s blood or as indicated by a chemical test or analysis of the defendant’s breath, shall be admissible and deemed relevant to the determination of the question of whether the defendant was at such time under the influence of intoxicating liquor, or a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to the defendent upon the defendant’s request and the defendant was afforded a reasonable opportunity, at the defendant’s request and expense, to have another such test or analysis made by a person or physician selected by the defendant; and provided further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against the defendant in a civil or criminal proceeding, but shall be admissible in any action taken by the registrar pursuant to paragraph (f) or in any proceedings provided for in section 24N. In the case of a test for the presence of alcohol, if such evidence is that such percentage was 5/100ths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and the defendant shall be released from custody forthwith, but the officer who placed the defendant under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided however, that in an instance where a defendant is under the age of 21years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is 2/100ths greater, the officer who placed the defendant under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant’s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than 5/100ths but less than 8/100ths there shall be no permissible inference. A certificate signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood or of the presence of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, shall be prima facie evidence of the percentage of alcohol in such blood, or of the presence of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of the person’s breath, urine or blood in the event that the person is arrested for operating a motor vehicle while under the influence of intoxicating liquor, or of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed pursuant to section 51 of chapter 111; and provided, further, that no person who is affected with hemophilia, or any other condition requiring the use of anticoagulants , shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor, or of a substance which when taken into the human body can impair the ability of the person to operate a vehicle safely. If the person arrested refuses to submit to a chemical or physical test required by the police officer, after having been informed that the person’s license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for each refusal, no such test or analysis shall be made, except by order of the court, and the person shall have the person’s license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, that each suspension for a refusal pursuant to this section shall run consecutively; provided, further, that any person who is under the age of 21 years or who has been previously convicted of a violation pursuant to this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of 8/100ths or greater, or while under the influence of intoxicating liquor, or of a substance which when taken into the human body impairs the ability of the person to operate a motor vehicle safely, in violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 13 ½ of chapter 265 or a like violation by a court of any other jurisdiction shall have the person’s license or right to operate suspended forthwith for a period of 3 years for each refusal; provided, further, that any person previously convicted of 2 such violations shall have the person’s license or right to operate suspended forthwith for a period of 5 years for each refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have the person’s license or right to operate suspended forthwith for life based upon each refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of said section 24L, the registrar shall suspend his/her license or right to operate for 10 years for each refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of said section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of 8/100ths or greater, or while under the influence of intoxicating liquor in violation of said subsection (b) of said section 24G, or section 13 ½ of chapter 265, the registrar shall revoke the person’s license or right to operate for life for each refusal. If a person refuses to take any test pursuant to this paragraph, the police shall: i. immediately, on behalf of the registrar, take custody of such person’s license or right to operate issued by the commonwealth. ii. provide to each person who refuses a test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and iii. impound the vehicle being driven by the operator and arrange for the vehicle to be impounded for a period of 12 hours after the operator’s refusal, with the costs for the towing, storage and maintenance of the vehicle to be borne by the operator. The police officer before whom any such refusal was made shall, within 24 hours, prepare a report of each refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, or a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, and shall state that such a person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section. The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath, urine or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately upon the entry of a not guilty finding or dismissal of all charges under this section, said section 24G, said section 24L, or said section13 ½ of said chapter 265, and in the absence of any other alcohol or drug related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision. (2) If a person’s blood alcohol percentage is not less than 8/100ths, or the person is under the age of 21 years and the person’s blood alcohol percentage is not less than 2/100ths, or if a person is under the influence of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, such police officer shall do the following: i. immediately and on behalf of the registrar take custody of such person’s drivers’ license or permit issued by the commonwealth: ii. provide to each person who refuses the test, on behalf of the registrar, a written notification of suspension, in a format approved by the registrar; and iii. immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer. Each report shall set forth the grounds for the officer’s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of intoxicating liquor, or of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, and that the person’s blood alcohol percentage was not less than 8/100ths or that the person was under the influence of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, or that the person was under the age of 21 years at the time of the arrest and whose blood alcohol percentage was not less than 2/100ths. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test or tests were performed in accordance with the regulations and standards promulgated by the secretary of public safety and security, that the equipment used for the test was regularly serviced and maintained and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by the offender of the notice of intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of 21 years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is 2/100ths or greater, and upon the failure of any police officer pursuant to this subparagraph to suspend or take custody of the driver’s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of said sections 24G or 24L, the registrar shall administratively suspend the defendant’s license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and that such person was under the age of 21 years at the time of the arrest and whose blood alcohol percentage was 2/100ths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety and security, that the equipment used for such test was regularly serviced and maintained, and the person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in said section 1 of said chapter 90C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than 10 days from the date that such chemical test or analysis of the defendant’s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section 24P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor, or of a substance which when taken into the human body can impair the ability of the person to operate a motor vehicle safely, upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the registrar’s determination. Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of the person’s breath, urine or blood may within 10 days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of 21years and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of the person’s breath, shows that the percentage by weight, of alcohol in such person’s blood was less than 8/100ths or, relative to such person under the age of 21 years was less than 2/100ths, if the court finds that such a blood test shows that such percentage was less than 8/100ths or, relative to such person under the age of 21years, that such percentage was less than 2/100ths, the court shall restore such person’s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration.

[]

[]

[]

[]

An Act to protect victims of rape and children conceived during the commission of said offense

H1509

HD1344

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:05:00.333'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:05:00.3333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1509/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1509) of Colleen M. Garry relative to victims of rape and children conceived during the commission of said offense. The Judiciary.

SECTION 1. Chapter 209 of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 39. Notwithstanding the provisions of section 38, a married woman may file a petition with the court to terminate her husband’s parental rights pursuant to this section. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that a child of the marriage was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of the unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section. SECTION 2. Chapter 209C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 1 the following subsection:- Section 1A. Notwithstanding section 10, the mother of a child who was born as a result of an act of rape as set forth in this section may file a petition with the court to terminate the perpetrator’s parental rights. Grounds for the termination of parental rights shall be established if the court determines by clear and convincing evidence that the child was conceived as a result of an act of rape made unlawful pursuant to sections 22 or 22A of chapter 265, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of the unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court shall accept a guilty plea or conviction of unlawful sexual battery pursuant to said sections 22 or 22A of chapter 265 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this section.

[]

[]

[]

[]

An Act improving accessibility in the creative economy

H151

HD3136

{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-20T10:02:25.567'}

[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-20T10:02:25.5666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-17T11:33:44.62'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T11:33:44.62'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-11T13:43:56.7766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T11:55:03.07'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-07-25T14:21:23.56'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-09-05T12:17:36.35'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-09-20T14:45:11.77'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H151/DocumentHistoryActions

Bill

By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 151) of Daniel M. Donahue, Vanna Howard and Jacob R. Oliveira relative to the establishment of an accessibility in the creative economy (ACE) grant program to be administered by the Office on Disability. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 6 Section 186 of the General Laws is hereby amended by adding the following section:- Section 1 (a). There shall be established and set up on the books of the commonwealth a separate fund, upon passage of this legislation, to be known as the Accessibility in the Creative Economy (ACE) grant program, to be administered by the office on disability for the purposes of supporting capital improvements and projects to improve programmatic access and or remove barriers encountered by persons with disabilities in applicant for-profit, non-profit and public organizations throughout the Commonwealth that are part of the arts, humanities and interpretive sciences sector. (b) The fund shall be held in trust by the office on disability exclusively for the purposes established in section (a). The fund shall be administered by the office on disability, which will serve as treasurer and custodian of the fund and shall have the custody of its monies and securities, in consultation with the board established in section (c). As custodian of the fund, the office on disability may accept monetary donations to the fund from individuals, organizations, associations, nonprofits, businesses, estates, foundations or other entities. Under this program, no less than half of one per cent of the funds appropriated for the executive office of health and human services shall be designated for the ACE grant program. In addition to the funds referenced above, the fund shall also include: (i) income derived from the investment of any amounts credited to the fund; and (ii) all other monies credited to or transferred to the fund from any other fund or source. The comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall be available for expenditure, without further appropriation, by the office on disability, and any money remaining in the fund shall not revert to the general fund and may be used in subsequent fiscal years for investments including, but not limited to supporting capital improvements and projects to improve programmatic access and or remove barriers encountered by persons with disabilities in applicant for-profit, non-profit and public arts, humanities and interpretive science organizations throughout the Commonwealth. (c) There shall be a board consisting of a majority of individuals with disabilities and individuals with experience advocating on behalf of individuals with disabilities. The board shall consist of: 3 persons appointed by the governor, 2 persons appointed by the speaker of the house of representatives; 2 persons appointed by the senate president; the director of the office on disability or a designee, the managing director of open door arts or a designee; 1 person from the disability law center, and the executive director of mass cultural council or a designee. (d) The board shall make recommendations to the office on disability on the criteria for making grants available to communities and organizations. Eligible uses shall include, but not be limited to: (i) training or comprehensive support for for-profit, non-profit and public organizations providing creative services; (ii) individualized consulting services created and led by members of the disabilities community; (iii) capital improvements specifically dedicated to improving programmatic access or removing barriers encountered by persons with disabilities in applicant facilities, including but not limited to increasing both physical access and programmatic access through the addition of features such as ramps, elevators, power lifts and limited use/limited application (LULAs) signage, communication access devices, curb cuts or any other features that are designed to improve architectural access or programmatic access; (iv) planning for updating or creating a self-evaluation or transition plan as required under the Administrative Requirements of Title III of the ADA; and (v) in selecting applicant organizations for capital or projects, the board shall give preference to artists residing in the commonwealth. Grants will be awarded on a competitive basis to projects that demonstrate real and tangible positive impacts to persons with disabilities. The distribution of grants from the fund shall consider racial diversity and equity, geographic diversity, and programmatic diversity within the cultural sector. (e) The board shall submit an annual report to the director of the office on disability, the house and senate committees on ways and means, the joint committee on tourism, arts and cultural development, and the joint committee on children, families and persons with disabilities no later than December 31 detailing the expenditure of the funds, including the amount of assistance provided to qualified organizations and a list of grant recipients. Said report shall also include the unexpended balance of the fund. This report shall be considered a public record.

[]

[]

[]

[]

An Act relative to prohibit sex offenders from entering on to public or private school property for any reason

H1510

HD1345

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:04:23.7'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:04:23.7'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:13:51.73'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T10:25:19.7433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-06T12:49:03.32'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1510/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1510) of Colleen M. Garry, Marcus S. Vaughn and Carol A. Doherty relative to prohibiting sex offenders from entering public or private school property for any reason. The Judiciary.

Chapter 265 of the M.G.L. shall be amended by adding the following at the end thereof: Section 59. A sex offender, as defined by section 178C of chapter 6, shall not be allowed on public or private school property for any reason. Any sex offender who violates this provision shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of $1,000, or by both such fine and imprisonment. A police officer or officer authorized to serve criminal process may arrest, without a warrant, any person whom he has probable cause to believe has violated this section.

[]

[]

[]

[]

An Act relative to court approved parent education program

H1511

HD1346

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:03:49.033'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:03:49.0333333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:13:20.8066667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T13:54:50.85'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1511/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1511) of Colleen M. Garry, Marcus S. Vaughn and Kelly W. Pease relative to a court approved parent education program in certain probate proceedings. The Judiciary.

SECTION 1. Chapter 209C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following:- Section 25. Any parent involved in a paternity case must complete a Probate and Family Court approved parent education program.

[]

[]

[]

[]

An Act relative to annoying telephone calls

H1512

HD1347

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:03:13.247'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:03:13.2466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1512/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1512) of Colleen M. Garry relative to the penalty for persons making annoying and abusive telephone calls. The Judiciary.

SECTION 1. Chapter 269 of the General Laws is hereby amended by inserting after section 14B the following section:- Section 14C. Whoever allows his telephone to be used by another to telephone a person or his family, repeatedly, for the sole purpose of harassing, annoying or molesting that other person or his family or for the purpose of repeatedly using indecent or obscene language to that person or his family, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or both.

[]

[]

[]

[]

An Act relative to manslaughter by protest

H1513

HD1348

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:02:40.797'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:02:40.7966667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T11:48:03.08'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:11:52.9266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1513/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1513) of Colleen M. Garry, Steven S. Howitt and Marcus S. Vaughn relative to manslaughter caused by reckless disregard of life while protesting or blocking highways or roadway access. The Judiciary.

Section 1. Chapter 265 of the General Laws shall be amended in section 13 by adding after the word “manslaughter” in the first sentence, the following language:- “or manslaughter caused by reckless disregard of life while protesting or blocking highway or roadway access”

[]

[]

[]

[]

An Act relative to intentionally blocking or preventing access to a public roadway or highway while protesting with the express purpose of preventing passage of others

H1514

HD1358

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:55:41.06'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:55:41.06'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T14:34:14.56'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-23T11:39:33.81'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:08:24.7633333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T13:55:25.38'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1514/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1514) of Colleen M. Garry and others relative to the penalties for protests intentionally blocking or preventing access to a public roadway or highway. The Judiciary.

Section 1. Notwithstanding any special or general law, or rule or regulation to the contrary, Any person who intentionally blocks or prevents access to a public roadway or highway while protesting with the express purpose of preventing passage of others shall be punished by imprisonment in state prison for not more than 10 years or by a fine of not more than one thousand dollars and imprisonment in jail or house of correction for not more than two and one half years.

[]

[]

[]

[]

An Act clarifying the child removal statute

H1515

HD1359

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:55:03.3'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:55:03.3'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1515/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1515) of Colleen M. Garry for legislation to allow for the removal of children only if said removal results in a direct benefit to the child. The Judiciary.

SECTION 1. Section 30 of chapter 208 of the General Laws, as appearing in the most recent edition, is hereby further amended by inserting at the end thereof the following new paragraph:- The removal shall be ordered only if the Court finds that the removal results in a direct benefit to the child which outweighs any detriment to the child, including but not limited to, that resulting from the loss of frequent and regular visitation with the non-custodial parent.

[]

[]

[]

[]

An Act prohibiting court ordered visitation rights to any persons convicted of criminal offenses against a minor

H1516

HD1360

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:54:29.543'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:54:29.5433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1516/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1516) of Colleen M. Garry for legislation to prohibit court ordered visitation rights to persons convicted of criminal offenses against minors. The Judiciary.

SECTION 1. Section 28 of Chapter 208 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:— No court shall make an order providing unsupervised visitation rights to a parent who has been convicted of sexual abuse and/or other crimes against children including but not limited to one or more of the following: Ch. 265, sections 13B, 13H, 13J, 22, 22A, 23, 24, 24B, 26, 26A, 27A, Chapter 272, sections 1, 2, 4, 4A, 4B, 16, 17, 28, 29A, 29B, 35, 35A, unless such child is of suitable age and assents to such order and a guardian ad litem finds the visitation is in the best interest of the child. SECTION 2. Section 37 of Chapter 209 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:— No court shall make an order providing unsupervised visitation rights to a parent who has been convicted of sexual abuse and/or other crimes against children including but not limited to one or more of the following: Ch. 265, sections 13B, 13H, 13J, 22, 22A, 23, 24, 24B, 26, 26A, 27A, Chapter 272, sections 1, 2, 4, 4A, 4B, 16, 17, 28, 29A, 29B, 35, 35A, unless such child is of suitable age and assents to such order and a guardian ad litem finds the visitation is in the best interest of the child.

[]

[]

[]

[]

An Act increasing parental involvement with childcare

H1517

HD1361

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:53:29.06'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:53:29.06'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1517/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1517) of Colleen M. Garry relative to the involvement of non-custodial parents in child care. The Judiciary.

SECTION 1. Section 28 of Chapter 208 of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following:— When the court makes an order or judgment for maintenance or support of a child or children hereunder, the court shall determine whether childcare services are deemed necessary by the custodial parent and whether the non-custodial parent is available and capable of providing all or part of said childcare. If the court determines that the non-custodial parent is available, capable, and desirous of providing all or part of said childcare for the child or children for whom support is ordered, the court shall include in its order provisions allowing the non-custodial parent the right to provide such child care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into the home of the custodial parent for the purposes of childcare. A change in the availability of the non-custodial parent to provide childcare shall constitute a material and substantial change in circumstances for purposes of modification of existing judgments. SECTION 2. Section 9 of Chapter 209C of the General Laws, as so appearing, is hereby amended by inserting at the end of subsection (a) the following:— When the court makes an order or judgment for maintenance or support of a child or children, said court shall determine whether day care services are deemed necessary by the custodial parent and whether the non-custodial parent is available, capable, and desirous of providing all or part of said child care. When the court has determined that the non-custodial parent is available, capable, and desirous of providing child care for the child or children for whom support is ordered, the court shall include in its orders provisions allowing the non-custodial parent the right to provide said child care. Nothing in this section shall be deemed to authorize entry by the non-custodial parent into the home of the custodial parent for the purposes of childcare. A change in the availability of the non-custodial parent to provide childcare shall constitute a material and substantial change in circumstances for purposes of modification of existing judgments. Ch. 208, sec. 28 refers to support orders as part of divorce. Ch. 209C, see 9 refers to support orders for children born out of wedlock.

[]

[]

[]

[]

An Act relative to shared parenting

H1518

HD1362

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:52:54.947'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:52:54.9466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1518/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1518) of Colleen M. Garry relative to shared parenting in cases of divorce. The Judiciary.

SECTION 1. Section 31 of Chapter 208 of the General Laws, as appearing in the most recent edition, is hereby amended in the sixth paragraph by striking the following:.- When considering the happiness and welfare of the child, the court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral or emotional health. SECTION 2. Said section 31 is hereby further amended by inserting after the sixth paragraph the following new paragraph:- In furtherance of the public policy that the happiness and welfare of children is enhanced by frequent and continuing contact with both their parents, upon the filing of an action in accordance with the provisions of this section, section twenty eight of this chapter, or section thirty-two of chapter two hundred and nine, the parents shall have temporary shared legal custody and shared physical custody of any minor child of the parties. In making an order or judgment relative to the custody of a minor child, there shall be a presumption that, absent emergency conditions, or abuse or neglect of said child, the parents shall have shared legal custody and shared physical custody of said child. The judge may enter any order or judgment for sole legal custody for one parent and/or sole physical custody for one parent if written findings are made setting forth the specific facts supporting a determination that the child would be harmed as a result of shared legal or shared physical custody. In making any order or judgment concerning the parenting schedule of each parent with a minor child, the rights of the parents, absent emergency, abuse, or neglect of one of the parents, shall be held to be equal, and the Court shall endeavor to maximize the exposure of the child to each of the parents so far as the same is practicable. A change in the availability of one or both parents to parent a minor child, and/or a change in the developmental stage of a minor child, shall be presumed to constitute a material and substantial change in circumstances for the purposes of a complaint or counterclaim seeking to modify a parenting schedule or parenting plan incorporated into a judgment of divorce. Nothing herein shall be deemed to modify the provisions of G.L. c.208, sec. 31A. SECTION 3. Said section 31 is hereby further amended by striking the following paragraphs:- Upon the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until a judgment on the merits is rendered, absent emergency conditions, abuse or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage; provided, however, that the judge may enter an order for temporary sole legal custody for one parent if written findings are made that such shared custody would not be in the best interest of the child. Nothing herein shall be construed to create any presumption of temporary shared physical custody. In determining whether temporary shared legal custody would not be in the best interest of the child, the court shall consider all relevant facts including, but not limited to, whether any member of the family abuses alcohol or other drugs or has deserted the child and whether the parties have a history of being able and willing to cooperate in matters concerning the child. If, despite the prior or current issuance of a restraining order against one parent pursuant to chapter two hundred and nine A, the court orders shared legal or physical custody either as a temporary order or at a trial on the merits, the court shall provide written findings to support such shared custody order. There shall be no presumption either in favor of or against shared legal or physical custody at the time of the trial on the merits, except as provided for in section 31A. SECTION 4. Said section 31 is hereby further amended in the twelfth paragraph, in the third sentence, by inserting after the words "The court may also reject the plan and issue a sole legal and" the following:- /or sole SECTION 5. Said section 31 is hereby further amended in the twelfth paragraph, in the third sentence, by inserting after the words "The court may also reject the plan and issue a sole legal and physical custody award to either parent" the following new words:- if written findings are made, setting forth the specific facts supporting a determination that the child would be harmed as a result of shared legal or shared physical custody. SECTION 6. Said section 31 is hereby further amended in the twelfth paragraph by inserting after the words "A shared custody implementation plan issued or accepted by the court shall become part of the judgment in the action, together with any other appropriate custody orders and orders regarding the responsibility of the parties for the support of the child." the following new sentence:- The failure of one or both parties, however, to submit a shared custody implementation plan for trial shall not diminish the presumption of joint physical and joint legal custody, nor affect the child's right and the parents' rights to frequent and continuing contact. SECTION 7. Said section 31 is hereby further amended by striking the fourteenth paragraph and inserting in place thereof the following:- If shared physical custody is ordered, the judge shall at that time make a child support order, or revise its previous order, as appropriate to the circumstances. SECTION 8. Said section 31 is hereby further amended, in the last paragraph, by striking the words "specific findings are made by the court indicating that such an order would not be in the best interests of the children" and inserting in place thereof the following:- written findings are setting forth the specific facts supporting a determination that the child would be harmed as a result of implementation of the agreement.

[]

[]

[]

[]

An Act relative to locating missing persons via mobile data (Kelsey's Bill)

H1519

HD1368

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:43:56.96'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:43:56.96'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:01:30.83'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1519/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1519) of Colleen M. Garry and Marcus S. Vaughn relative to requiring mobile phone providers to disclose to law enforcement officials the location of missing persons. The Judiciary.

SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting at the end thereof the following new section:— Section 18M. (a) As used in this section the term “Executive office” shall mean the executive office of public safety and security. (b) Upon request of a law enforcement agency, a wireless telecommunications carrier or in-vehicle security and communications service provider, shall immediately provide location information concerning the telecommunications devices of the user to the requesting law enforcement agency (i) in order to respond to a call for emergency services initiated from the telecommunications devices of the user, (ii) to assist in a missing person investigation, or (iii) in `an emergency situation that involves the risk of death or serious physical harm. Nothing in this section shall prohibit a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose location information. (c) (1) All wireless carriers and in-vehicle security and communications service providers shall submit their emergency contact information to the executive office in order to facilitate requests from a public safety department for location information in accordance with subsection (b). Such contact information shall be submitted annually by June 15th or immediately upon any change in contact information. (d) No cause of action shall lie in any court against any wireless telecommunications carrier or in-vehicle security and communications service provider, its officers, employees, agents or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section. (e) The executive office shall maintain a database containing emergency contact information for all wireless telecommunications carriers and in-vehicle security and communications service providers and shall make the information immediately available upon request to all public safety answer points in the state. The executive office shall promulgate regulations for administration and enforcement of this section; provided further, that such regulations shall be promulgated no later than December 31, 2023.

[]

[]

[]

[]

An Act to amend the structure of the Commission of Grandparents Raising Grandchildren

H152

HD2633

{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T15:12:17.087'}

[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T15:12:17.0866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H152/DocumentHistoryActions

Bill

By Representative Donato of Medford, a petition (accompanied by bill, House, No. 152) of Paul J. Donato relative to the structure of the commission of Grandparents Raising Grandchildren. Children, Families and Persons with Disabilities.

Chapter 3, Section 69 of the General Laws is hereby amended as follows: Strike paragraph (a) and replace with the following: There shall be a permanent commission on the status of grandparents raising grandchildren which shall consist of 21 persons as follows: 3 persons appointed by the secretary of elder affairs, 1 of whom shall be from the secretary's office; 3 persons appointed by the commissioner of children and families, 1 of whom who shall be from the department, 2 of whom shall be grandparents or kinship caregivers with current or past experience raising minor children; 1 person appointed by the commissioner of the department of transitional assistance; 2 persons appointed by the governor; 2 persons appointed by the speaker of the house of representatives, 1 of whom shall be a member of the house; 1 person appointed by the house minority leader; 2 persons appointed by the president of the senate, 1 of whom shall be a member of the senate; 1 person appointed by the senate minority leader; 1 person appointed by the attorney general; 1 person appointed by the chief justice of the probate and family court who shall have a demonstrated commitment to the rearing of grandchildren by grandparents; 1 person to be appointed by the chief justice of the juvenile court who shall have a demonstrated commitment to the rearing of grandchildren by grandparents; and 3 persons who shall be grandparents or kinship caregivers with current or past experience raising minor children, who shall be nominated for appointment by the officers of the commission and appointed by a majority vote of the commissioners present and voting. Members of the commission shall be residents of the commonwealth who have demonstrated a commitment to the rearing of grandchildren by grandparents. Strike paragraph (b) and replace with the following: (b) Members shall serve terms of 4 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. All appointments shall be made in consultation with the Commission on the Status of Grandparents Raising Grandchildren. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process. Strike paragraph ( e) and replace with the following: (e) The commission shall be a resource to the commonwealth on issues affecting grandparents raising grandchildren in the commonwealth. In furtherance of that responsibility, the commission shall: (1) foster unity among grandparents raising grandchildren communities and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities; (2) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to grandparents raising grandchildren in the commonwealth; (3) assess programs, regulations, and practices in all state agencies as they affect grandparents raising grandchildren, as the commission deems necessary and appropriate, and advocate for changes the commission deems necessary and appropriate; (4) advise executive and legislative bodies of the potential effect of proposed legislation on grandparents raising grandchildren, as the commission deems necessary and appropriate, and advocate for changes the commission deems necessary and appropriate; (5) investigate the merits of the establishment of a state agency dedicated to grandparents issues and determine how such agency would be set up; and (6) identify issues that are faced by relatives, other than parents, who are raising children

[]

[]

[]

[]

An Act relative to the theft of bulk merchandise containers

H1520

HD1369

{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:39:52.12'}

[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:39:52.12'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1520/DocumentHistoryActions

Bill

By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 1520) of Colleen M. Garry for legislation to establish penalties for the theft of bulk merchandise containers. The Judiciary.

Chapter 266 of the General Laws, as appearing, is hereby amended in section 128, by adding at the end of the first paragraph the following new paragraph:- “Any person who intentionally removes a bulk merchandise container that is used by a product producer, distributor or retailer or agent thereof which is used as a means for the bulk transportation, storage or carrying of retail products such as milk, eggs, bottled beverage products, bakery products from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such container; shall be punished for a first offense by a fine not to exceed one hundred dollars, for a second offense by a fine of not less than one hundred nor more than two hundred fifty dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than six months, or by both such fine and imprisonment. Where the retail value of the containers obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or by both such fine and imprisonment.”

[]

[]

[]

[]

An Act protecting survivors of rape and their children

H1521

HD392

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:50:47.873'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:50:47.8733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-12T14:50:59.9266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T14:42:41.97'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:06:57.8166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:17:09.6133333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T12:57:57.9666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T19:00:11.64'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T12:48:19.7533333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T13:35:52.7566667'}]

{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-12T14:50:47.873'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1521/DocumentHistoryActions

Bill

By Representatives Gentile of Sudbury and DuBois of Brockton, a petition (accompanied by bill, House, No. 1521) of Carmine Lawrence Gentile, Michelle M. DuBois and others relative to survivors of rape and children of rape survivors. The Judiciary.

SECTION 1. Section 3(a) of Chapter 209C, as appearing in the 2016 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentences:- No court shall make an order providing visitation rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child who was conceived during the commission of that rape. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation rights may be granted if and only if such visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation action. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. Further, no court shall make an order providing visitation rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation rights may be granted if and only if such visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. SECTION 2. Section 10 of Chapter 209C, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end of the current statute the following section:- (f) No court shall make an order providing custody rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain any form of custody of a child who was conceived during the commission of that rape. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody rights may be granted if and only if such custody is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the rape. Further, no court shall make an order providing custody rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation or custody rights may be granted if and only if such custody is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation or custody action. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. SECTION 3. Chapter 208, as appearing in the 2016 Official Edition, is hereby amended by inserting the following section:- Section 31B. No court shall make an order providing custody or visitation rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain custody or visitation rights with a child who was conceived during the commission of that rape. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody or visitation rights may be granted if and only if such custody or visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody or visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. Further, no court shall make an order providing custody or visitation rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain custody or visitation right with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody or rights may be granted if and only if such custody or visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody or visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. SECTION 4. Chapter 210, as appearing in the 2016 Official Edition, is hereby amended by striking in section 3 the subsection (d) and inserting in place thereof:- (d) In consideration of a petition to dispense with parental rights to consent to an adoption if that person was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, then there shall be a irrebuttable presumption that said parent is unfit and that it is in the best interests of the child to dispense with the need for consent to adoption by the parent who committed such offense or conduct. For purposes of this section the failure to seek or obtain a conviction of the above enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, a termination petition may be denied if and only if there has been no conviction of the above enumerated crimes, such action is found to be contrary to the best interests of the child and the mother of the child opposes such termination. (e) Nothing in this section shall be construed to prohibit the petitioner and a birth parent from entering into an agreement for post-termination contact or communication. The court issuing the termination decree under this section shall have jurisdiction to resolve matters concerning the agreement. Such agreement shall become null and void upon the entry of an adoption or guardianship decree. Notwithstanding the existence of any agreement for post-termination or post-adoption contact or communication, the decree entered under this section shall be final. Nothing in this section shall be construed to prohibit a birth parent who has entered into a post-termination agreement from entering into an agreement for post-adoption contact or communication pursuant to section 6C once an adoptive family has been identified.

[]

[]

[]

[]

An Act relative to the Uniform Electronic Legal Material Act

H1522

HD219

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:58:04.487'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T09:58:04.4866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:30:25.2733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1522/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1522) of Carmine Lawrence Gentile and Sal N. DiDomenico that certain legal material in electronic records be designated as official. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 4:-- CHAPTER 5 UNIFORM ELECTRONIC LEGAL MATERIAL ACT SECTION 1. SHORT TITLE. This chapter may be cited as the Uniform Electronic Legal Material Act. SECTION 2. DEFINITIONS. In this chapter: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Legal material” means, whether or not in effect: (A) the Constitution of the Commonwealth of Massachusetts (B) the Session Laws; (C) the General Laws; (D) a state agency rule or decision that has or had the effect of law; (E) other material published in the Massachusetts Register or the Code of Massachusetts Regulations; or (F) the reported decisions and rules of the following state courts: the Supreme Judicial Court, the Appeals Court and the Trial Court. (3) “Official publisher” means: (A) for the material recited in subsections (2)(A)-(C), the Secretary of the Commonwealth; (B) for the material recited in subsection (2)(D) that is not published in the Massachusetts Register or the Code of Massachusetts Regulation, the state agency; (C) for the material recited in subsection (2)(E), the Secretary of the Commonwealth; or (E) for the material recited in subsection (2)(F), the reporter of decisions of the Supreme Judicial Court. (4) “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher. (5) “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. (6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. SECTION 3. APPLICABILITY. This chapter applies to all legal material in an electronic record that is designated as official under section 4 and first published electronically on or after the effective date of this Act. SECTION 4. LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. (a) If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) designate the electronic record as official; and (2) comply with sections 5, 7, and 8. (b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 5, 7, and 8. SECTION 5. AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD. An official publisher of legal material in an electronic record that is designated as official under section 4 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. SECTION 6. EFFECT OF AUTHENTICATION. (a) Legal material in an electronic record that is authenticated under section 5 is presumed to be an accurate copy of the legal material. (b) If another State has adopted a law substantially similar to this Act, legal material in an electronic record that is designated as official and authenticated by the official publisher in that State is presumed to be an accurate copy of the legal material. (c) A party contesting the authentication of legal material in an electronic record authenticated under section 5 has the burden of proving by a preponderance of the evidence that the record is not authentic. SECTION 7. PRESERVATION AND SECURITY OF LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. (a) An official publisher of legal material in an electronic record that is or was designated as official under section 4 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (b) If legal material is preserved under subsection (a) in an electronic record, the official publisher shall: (1) ensure the integrity of the record; (2) provide for backup and disaster recovery of the record; and (3) ensure the continuing usability of the material. SECTION 8. PUBLIC ACCESS TO LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. An official publisher of legal material in an electronic record that is required to be preserved under section 7 shall ensure that the material is reasonably available for use by the public on a permanent basis. SECTION 9. STANDARDS. In implementing this Act, an official publisher of legal material in an electronic record shall consult the persons identified in section 17 of chapter 110G and consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies; (3) the needs of users of legal material in an electronic record; (4) the views of governmental officials and entities and other interested persons; and (5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this chapter. SECTION 10. 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 11. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This Act 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 that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. section 7003(b). SECTION 2. This Act takes effect on July 1, 2022.

[]

[]

[]

[]

An Act relative to the Uniform Power of Attorney Act

H1523

HD364

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:08:06.033'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:08:06.0333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1523/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1523) of Carmine Lawrence Gentile for legislation to establish the Uniform Power of Attorney act. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the following chapter:- CHAPTER 201G UNIFORM POWER OF ATTORNEY ACT Section 1. For the purposes of this chapter the following terms shall, unless the context clearly appears otherwise, have the following meanings:- “Agent”, a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. “Benefits from governmental programs or civil or military service”, any benefit, program or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid. “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity. “Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. “Good faith”, honesty in fact. “Incapacity”, inability of an individual to manage property or business affairs because the individual: (i) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (ii) is: (A) missing; (B) detained, including incarcerated in a penal system; or (C) outside the United States and unable to return. “Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity. “Power of attorney”, a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will. “Principal”, an individual who grants authority to an agent in a power of attorney. “Property”, anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. “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. “Retirement plan”, a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the Internal Revenue Code: (1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408; (2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A; (3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q); (4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b); (5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a); (6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b); and (7) a nonqualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A. “Sign”, with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic sound, symbol, or process. “State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. “Stocks and bonds”, stocks, bonds, mutual funds and all other types of securities and financial instruments, whether held directly, indirectly or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes. Section 2. This chapter applies to all powers of attorney except: (i) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (ii) a power to make health-care decisions; (iii) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (iv) a power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose. Section 3. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Section 4. A power of attorney shall be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. Section 5. (a) A power of attorney executed in the commonwealth on or after June 30, 2022 is valid if its execution complies with section 4. (b) A power of attorney executed in the commonwealth before June 30, 2022 is valid if its execution complied with the law of the commonwealth as it existed at the time of execution. (c) A power of attorney executed other than in the commonwealth is valid in the commonwealth if, when the power of attorney was executed, the execution complied with: (1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 6; or (2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b. (d) Except as otherwise provided by a general or special law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Section 6. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. Section 7. (a) In a power of attorney, a principal may nominate a conservator or guardian of the principal’s estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. (b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court. Section 8. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. (c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (1) a physician or licensed psychologist that the principal is incapacitated within the meaning of clause (i) of the definition of “incapacity” in section 1; or (2) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of clause (ii) of said definition of “incapacity” in said section 1. (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider. Section 9. (a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (b) An agent’s authority terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated, or resigns; (3) an action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) the power of attorney terminates. (c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney. (d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. (e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest. (f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. Section 10. (a) A principal may designate 2 or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (b) A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate 1 or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent: (1) has the same authority as that granted to the original agent; and (2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. (c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. (d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. Section 11. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Section 12. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Section 13. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (2) act in good faith; and (3) act only within the scope of authority granted in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal’s benefit; (2) act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and (6) attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including: (A) the value and nature of the principal’s property; (B) the principal’s foreseeable obligations and need for maintenance; (C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and (D) eligibility for a benefit, a program, or assistance under a statute or regulation. (c) An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan. (d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal. (e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence and diligence under the circumstances. (f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines. (g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person. (h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days. Section 14. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or (2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. Section 15. (a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator, or other fiduciary acting for the principal; (3) a person authorized to make health-care decisions for the principal; (4) the principal’s spouse, parent, or descendant; (5) an individual who would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate; (7) a governmental agency having regulatory authority to protect the welfare of the principal; (8) the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and (9) a person asked to accept the power of attorney. (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney. Section 16. An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (i) restore the value of the principal’s property to what it would have been had the violation not occurred; and (ii) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf. Section 17. Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (i) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or (ii) if there is no person described in clause (1), to: (A) the principal’s caregiver; (B) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or (C) a governmental agency having authority to protect the welfare of the principal. Section 18. (a) For purposes of this section and section 19, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 4 that the signature is genuine. (c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority. (d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (e) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (f) For purposes of this section and section 19, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. Section 19. (a) Except as otherwise provided in subsection (b): (1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 18 no later than 7 business days after presentation of the power of attorney for acceptance; (2) if a person requests a certification, a translation, or an opinion of counsel under section 18, the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and (3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (b) A person is not required to accept an acknowledged power of attorney if: (1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (3) the person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power; (4) a request for a certification, a translation, or an opinion of counsel under section 18 is refused; (5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under section 18 has been requested or provided; or (6) the person makes, or has actual knowledge that another person has made, a report to the department of mental health or the executive office of elder affairs stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (1) a court order mandating acceptance of the power of attorney; and (2) liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. Section 20. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. Section 21. This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. Section 22. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the laws of the commonwealth other than this chapter. Section 23. (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate an inter vivos trust; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) exercise fiduciary powers that the principal has authority to delegate; (8) exercise authority over the content of electronic communications, as defined in 18 U.S.C. Section 2510(12) sent or received by the principal; or (9) disclaim property, including a power of appointment. (b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise. (c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 26 through 38. (d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to Section 39. (e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act. Section 24. (a) An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 26 to 39, inclusive, or cites the section in which the authority is described. (b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 26 to 39, inclusive, or a citation to a section of Sections 26 to 39, inclusive, incorporates the entire section as if it were set out in full in the power of attorney. (c) A principal may modify authority incorporated by reference. Section 25. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26 to 39, inclusive, or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (c) of Section 15, a principal authorizes the agent, with respect to that subject, to: (i) demand, receive and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled and conserve, invest, disburse or use anything so received or obtained for the purposes intended; (ii) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal; (iii) execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney; (iv) initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim; (v) seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney; (vi) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor; (vii) prepare, execute, and file a record, report or other document to safeguard or promote the principal’s interest under a statute or regulation; (viii) communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality, on behalf of the principal; (ix) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone or other means; and (x) do any lawful act with respect to the subject and all property related to the subject. Section 26. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (i) demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject an interest in real property or a right incident to real property; (ii) sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property; (iii) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (iv) release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted; (v) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including: (A) insuring against liability or casualty or other loss; (B) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise; (C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and (D) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property; (vi) use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right; (vii) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including: (A) selling or otherwise disposing of them; (B) exercising or selling an option, right of conversion or similar right with respect to them; and (C) exercising any voting rights in person or by proxy; (viii) change the form of title of an interest in or right incident to real property; and (ix) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest. Section 27. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: (i) demand, buy, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; (ii) sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property; (iii) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (iv) release, assign, satisfy or enforce by litigation or otherwise, a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; (v) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (A) insuring against liability or casualty or other loss; (B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (C) paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (D) moving the property from place to place; (E) storing the property for hire or on a gratuitous bailment; and (F) using and making repairs, alterations or improvements to the property; and (vi) change the form of title of an interest in tangible personal property. Section 28. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: (i) buy, sell and exchange stocks and bonds; (ii) establish, continue, modify or terminate an account with respect to stocks and bonds; (iii) pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal; (iv) receive certificates and other evidences of ownership with respect to stocks and bonds; and (v) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote. Section 29. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: (i) buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and (ii) establish, continue, modify and terminate option accounts. Section 30. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: (i) continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal; (ii) establish, modify and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent; (iii) contract for services available from a financial institution, including renting a safe deposit box or space in a vault; (iv) withdraw, by check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; (v) receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them; (vi) enter a safe deposit box or vault and withdraw or add to the contents; (vii) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (viii) make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions and accept a draft drawn by a person upon the principal and pay it when due; (ix) receive for the principal and act upon a sight draft, warehouse receipt or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument; (x) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and (xi) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. Section 31. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to: (i) operate, buy, sell, enlarge, reduce or terminate an ownership interest; (ii) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege or option that the principal has, may have, or claims to have; (iii) enforce the terms of an ownership agreement; (iv) initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest; (v) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege or option the principal has or claims to have as the holder of stocks and bonds; (vi) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds; (vii) with respect to an entity or business owned solely by the principal: (A) continue, modify, renegotiate, extend and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney; (B) determine: (1) the location of its operation; (2) the nature and extent of its business; (3) the methods of manufacturing, selling, merchandising, financing, accounting and advertising employed in its operation; (4) the amount and types of insurance carried; and (5) the mode of engaging, compensating, and dealing with its employees and accountants, attorneys or other advisors; (C) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and (D) demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business; (viii) put additional capital into an entity or business in which the principal has an interest; (ix) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business; (x) sell or liquidate all or part of an entity or business; (xi) establish the value of an entity or business under a buy-out agreement to which the principal is a party; (xii) prepare, sign, file and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and (xiii) pay, compromise, or contest taxes, assessments, fines or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney. Section 32. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (i) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; (ii) procure new, different and additional contracts of insurance and annuities for the principal and the principal’s spouse, children and other dependents, and select the amount, type of insurance or annuity and mode of payment; (iii) pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent; (iv) apply for and receive a loan secured by a contract of insurance or annuity; (v) surrender and receive the cash surrender value on a contract of insurance or annuity; (vi) exercise an election; (vii) exercise investment powers available under a contract of insurance or annuity; (viii) change the manner of paying premiums on a contract of insurance or annuity; (ix) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section; (x) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; (xi) collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity; (xii) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and (xiii) pay, from proceeds or otherwise, compromise or contest and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. Section 33. (a) In this section, “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become or claims to be, entitled to a share or payment. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to: (1) accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from an estate, trust, or other beneficial interest; (2) demand or obtain money or another thing of value to which the principal is, may become or claims to be, entitled by reason of an estate, trust or other beneficial interest, by litigation or otherwise; (3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal; (4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity or effect of a deed, will, declaration of trust or other instrument or transaction affecting the interest of the principal; (5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary; (6) conserve, invest, disburse or use anything received for an authorized purpose; (7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities and other property to the trustee of a revocable trust created by the principal as settlor; and (8) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust or other beneficial interest. Section 34. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: (i) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief; (ii) bring an action to determine adverse claims or intervene or otherwise participate in litigation; (iii) seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree; (iv) make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation; (v) submit to alternative dispute resolution, settle and propose or accept a compromise; (vi) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation; (vii) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value; (viii) pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and (ix) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation. Section 35. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (1) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse and the following individuals, whether living when the power of attorney is executed or later born: (A) the principal’s children; (B) other individuals legally entitled to be supported by the principal; and (C) the individuals whom the principal has customarily supported or indicated the intent to support; (2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party; (3) provide living quarters for the individuals described in clause (1) by: (A) purchase, lease or other contract; or (B) paying the operating costs, including interest, amortization payments, repairs, improvements and taxes, for premises owned by the principal or occupied by those individuals; (4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education and other current living costs for the individuals described in clause (1); (5) pay expenses for necessary health care and custodial care on behalf of the individuals described in clause (1); (6) act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal; (7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring and replacing them, for the individuals described in clause (1); (8) maintain credit and debit accounts for the convenience of the individuals described in clause (1) and open new accounts; and (9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order or other organization or to continue contributions to those organizations. (b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter. Section 36. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to: (i) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in clause (1) of subsection (a) of section 35, and for shipment of their household effects; (ii) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose; (iii) enroll in, apply for, select, reject, change, amend or discontinue, on the principal’s behalf, a benefit or program; (iv) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation; (v) initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and (vi) receive the financial proceeds of a claim described in clause (iv) and conserve, invest, disburse or use for a lawful purpose anything so received. Section 37. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to: (i) select the form and timing of payments under a retirement plan and withdraw benefits from a plan; (ii) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another; (iii) establish a retirement plan in the principal’s name; (iv) make contributions to a retirement plan; (v) exercise investment powers available under a retirement plan; and (vi) borrow from, sell assets to, or purchase assets from a retirement plan. Section 38. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (i) prepare, sign, and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, closing agreements and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years; (ii) pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service or other taxing authority; (iii) exercise any election available to the principal under federal, state, local or foreign tax law; and (iv) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority. Section 39. (a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986) and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529. (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to: (1) make outright to, or for the benefit of, a person, a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and (2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, to the splitting of a gift made by the principal’s spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses. (c) An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including: (1) the value and nature of the principal’s property; (2) the principal’s foreseeable obligations and need for maintenance; (3) minimization of taxes, including income, estate, inheritance, generation-skipping transfer and gift taxes; (4) eligibility for a benefit, a program or assistance under a statute or regulation; and (5) the principal’s personal history of making or joining in making gifts. Section 32. 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 that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). SECTION 2. Except as otherwise provided in this act, on June 30, 2022: (1) this act applies to a power of attorney created before, on, or after June 30, 2022; (2) this act applies to a judicial proceeding concerning a power of attorney commenced on or after June 30, 2022; (3) this act applies to a judicial proceeding concerning a power of attorney commenced before June 30, 2022 unless the court finds that application of a provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and (4) an act done before June 30, 2022 is not affected by this act. SECTION 3. Sections 5-501 to 5-507, inclusive, of chapter 190B of the General Laws are hereby repealed. SECTION 4. This act takes effect June 30, 2022.

[]

[]

[]

[]

An Act to eliminate the charitable immunity cap

H1524

HD391

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:38:45.18'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T14:38:45.18'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T13:36:55.6866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1524/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1524) of Carmine Lawrence Gentile and Susannah M. Whipps for legislation to eliminate the charitable immunity defense in certain court actions. The Judiciary.

Section 1. Section 85K of Chapter 231 of the General Laws, as appearing in the 2010 official edition is hereby amended by striking out the entire section and inserting in place thereof the following sentence: It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust or association is, or at the time of the cause of action arose was, a charity.

[]

[]

[]

[]

An Act modernizing notary services

H1525

HD416

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T16:20:43.21'}

[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-12T16:20:43.21'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:59:28.2633333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-03T15:07:46.87'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:33:39.9766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T10:30:39.93'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T12:56:40.2766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T13:34:45.91'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1525/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 1525) of Carmine Lawrence Gentile and others relative to modernizing notary services. The Judiciary.

SECTION 1. Chapter 221 of the General Laws is hereby amended by inserting after section 46D the following section:- Section 46E. (a) With respect to real estate closings involving the use of communication technology, as defined in chapter 222, the following words, as used in this section, shall, unless the context clearly requires otherwise, have the following meanings: “Closing,” the consummation of a transaction between parties for the purpose of granting a mortgage or otherwise transferring title to a one to four family residential dwelling, including the execution of documents necessary to accomplish the valid and proper transfer of title and the transfer of the consideration for the conveyance, whether done simultaneously with or subsequent to the execution of documents for the transfer of title; provided, however, that a closing as defined herein shall not include any transaction in which the consideration for the transfer of title is evidenced solely by a home equity loan or line of credit that is secured by a mortgage on a one to four family residential dwelling, does not involve the issuance of a lender’s or mortgagee’s policy of title insurance in connection with such transaction, and is to be retained by the lender and not sold on the secondary mortgage market. “Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly or in a nominee capacity, a mortgage loan securing real property, including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee, nominee holder, Mortgage Electronic Registration Systems or mortgage servicer, including the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; provided, that “creditor” shall also include any servant, employee, representative or agent of a creditor. (b) Notwithstanding any general or special law to the contrary, no person, unless that person has been admitted as an attorney in the commonwealth and has not been disqualified from the practice of law due to resignation, disbarment or suspension or placed on inactive status, shall (i) direct or manage a closing; or (ii) take the following actions in preparation for, or in furtherance of, a closing: (1) giving or furnishing legal advice as to the legal status of title; (2) ensuring that the seller, or the borrower-mortgagor in a mortgage refinancing transaction, is in a position to convey marketable title to the residential property at issue; (3) issuing a certification of title pursuant to section 70 of chapter 93; (4) drafting a deed to real property on behalf of another; (5) ensuring that the documents necessary for the transfer of title are executed and acknowledged in accordance with the laws of the commonwealth; or (6) disbursing, or managing the disbursement, of consideration for the conveyance. (c) The attorney general may initiate an action, including a petition for injunctive relief, against any person or creditor whose violation of this section is part of a pattern, or consistent with a practice, of noncompliance. The supreme judicial court and the superior court shall have concurrent jurisdiction in equity. A person having an interest or right that is or may be adversely affected by a violation of this section may initiate an action against the person or creditor for private monetary remedies. SECTION 2. Chapter 222 of the General Laws is hereby amended by striking out section 1, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 1. For the purposes of this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Acknowledgment”, a notarial act in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document or electronic record to the notary public and indicates to the notary public that the signature on the document or record before the notary was voluntarily affixed by the individual for the purposes stated within the document or electronic record or that the signature on the document or electronic record was the individual’s free act and deed and, if applicable, that the individual was authorized to sign in a particular representative capacity. “Affirmation”, a notarial act, or part thereof, that is legally equivalent to an oath and in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and makes a vow of truthfulness or fidelity while appearing before the notary public under the penalties of perjury without invoking a deity. “Appears in person”, “appears personally”, or “personally appears”, (i) being in the same physical location as another individual and close enough to see, hear, communicate with and exchange tangible identification credentials with that individual; or (ii) interacting with a remotely-located individual by means of communication technology in compliance with section 28. “Communication technology”, an electronic device or process that allows a notary public and a remotely-located individual to communicate with each other simultaneously by sight and sound, and when necessary and consistent with other applicable laws, facilitates communication with a remotely-located individual with a vision, hearing or speech impairment. “Copy certification”, a notarial act in which a notary public is presented with a document that the notary public copies, or supervises the copying thereof, by a photographic or electronic copying process, compares the original document to the copy and determines that the copy is accurate and complete. “Credential analysis”, a process or service that meets guidelines established by the secretary, through which a third person affirms the validity of a current government-issued identification credential by review of public and proprietary data sources. “Credible witness”, an honest, reliable and impartial person who personally knows an individual appearing before a notary and who takes an oath or affirmation before the notary to vouch for that individual’s identity. “Dynamic knowledge-based authentication”, a form of identity proofing based on a set of questions that pertain to an individual and are formulated from public or proprietary data sources. “Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. “Electronic record”, information that is created, generated, sent, communicated, received or stored by electronic means. “Electronic signature”, an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. “Foreign state”, a jurisdiction other than the United States, a state or a federally recognized Indian tribe. “Identity proofing”, a process or service that meets the guidelines established by the secretary, by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources, which may include credential analysis, dynamic knowledge-based authentication, analysis of biometric data including, but not limited to, facial recognition, voiceprint analysis or fingerprint analysis or other means permitted by the secretary. “Journal”, a chronological record of notarial acts performed by a notary public. “Jurat”, a notarial act in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and: (i) presents a document or electronic record; (ii) signs the document or electronic record in the presence of the notary public; and (iii) takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the contents of the signed document or electronic record. “Notarial act” or “notarization”, an act that a notary public is empowered to perform, including acts performed electronically in accordance with this chapter. “Notarial certificate”, the part of or attachment to a notarized document or electronic record for completion by the notary public that bears the notary public’s signature and seal and states the venue, date and facts that are attested by the notary public in a particular notarial act or notarization. “Notary public” or “notary”, a person commissioned to perform official acts pursuant to Article IV of the Amendments of the Constitution. “Notarial seal,” (i) a physical image or impression affixed, stamped or embossed on a tangible record; or (ii) an electronic image attached to, or logically associated with, an electronic record. “Oath”, a notarial act, or part thereof, that is legally equivalent to an affirmation and in which an individual, at a single time, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and takes a vow of truthfulness or fidelity under the penalties of perjury by invoking a deity. “Official misconduct”, a violation of sections 13 to 24, inclusive, or any other general or special law in connection with a notarial act or a notary public’s performance of an official act in a manner found to be grossly negligent or against the public interest. “Personal knowledge of identity”, familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond doubt that the individual is the person whose identity is claimed. “Principal”, a person whose signature is notarized or a person taking an oath or affirmation before a notary public. “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. “Regular place of work or business”, a place where an individual spends a substantial portion of their working or business hours. “Remotely-located individual”, an individual who is not in the physical presence of the notary public who performs a notarial act pursuant to section 28 of this chapter. “Satisfactory evidence of identity”, identification of an individual based on: (i) at least 1 current document issued by a United States or state government agency bearing the photographic image of the individual’s face and signature; (ii) the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the individual; or (iii) identification of an individual based on the notary public’s personal knowledge of the identity of the principal; provided, however, that for a person who is not a United States citizen, “satisfactory evidence of identity” shall mean identification of an individual based on a valid passport or other government-issued document evidencing the individual’s nationality or residence and which bears a photographic image of the individual’s face and signature. For purposes of a notarial act performed using communication technology for a remotely-located individual, “satisfactory evidence of identity” shall be determined pursuant to section 28. “Secretary”, the secretary of the commonwealth. “Signature witnessing”, a notarial act in which an individual, at a single time, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document or electronic record and signs the document or electronic record in the presence of the notary public. “Tamper evident”, the use of a set of applications, programs, hardware, software or other technologies that will display evidence of any changes to an electronic record. “Tangible journal”, a journal created on a fixed tangible medium in a permanent bound register with numbered pages. “United States”, a location within the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States. SECTION 3. Section 1A of said chapter 222, as so appearing, is hereby amended by striking out the figure “26”, in line 6, and inserting in place thereof the following figure:- 29. SECTION 4. Section 8 of said chapter 222, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:- (b)(1) A notary public shall keep an official notarial seal that shall be the exclusive property of the notary public. A notary public shall not permit another to use such notarial seal. A notary public shall obtain a new seal upon renewal of the commission, upon receipt of a new commission or if the name of the notary public has changed. The notarial seal shall include: (i) the notary public’s name exactly as indicated on the commission; (ii) the words “notary public” and “Commonwealth of Massachusetts” or “Massachusetts”; (iii) the expiration date of the commission in the following words: “My commission expires ___”; and (iv) a facsimile of the seal of the commonwealth. (2) If a notarial seal that requires ink is employed, black ink shall be used. The seal of a notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal. Only the notary public whose name and registration number appear on an electronic seal shall affix that seal. If the seal is electronically generated, it shall include the words “Electronically affixed”. The requirements of this subsection shall be satisfied by using a seal that includes all of the information required by this section. Failure to comply with this section shall not affect the validity of any instrument or the record thereof. SECTION 5. Section 16 of said chapter 222, as so appearing, is hereby amended by inserting after the word “notarization”, in line 3, the following words:- , except as specifically provided in this chapter. SECTION 6. Said section 16 of said chapter 222, as so appearing, is hereby further amended by inserting after the word “services” , in line 27, the following words:- ; provided further, that a notary public shall not be precluded from receiving an additional technology services fee that has been clearly disclosed in advance to the person requesting the service and that technology services fee reflects the actual reasonable cost to the notary public of utilizing a third-party technology service provider. SECTION 7. Section 18 of said chapter 222, as so appearing, is hereby amended by adding the following subsection:- (e)(1) Whenever the secretary has cause to believe that a notary public registered pursuant to section 28 has engaged in a pattern of conduct, or a standard, practice or procedure that the secretary determines is contrary to section 46E of chapter 221, the secretary may order the notary public to comply with the law. The secretary may adopt regulations governing administrative proceedings under this section. (2) The attorney general may enforce the order by civil action as provided in said section 46E. (3) The remedies provided by this section shall not limit the availability of judicial remedies to any person or official. SECTION 8.  Section 20 of chapter 222, as so appearing, is hereby amended in subsection (b) by striking out clause (iii) and inserting in place thereof the following clause: (iii) failure of a document to contain an acknowledgment that the instrument was the voluntary or free act and deed of the principal or, if executed in a representative capacity, the party on whose behalf the principal is signing shall not affect the validity of the underlying document or the recording of the document. SECTION 9. Subsection (a) of section 22 of said chapter 222, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 3 sentences:- A journal may be created on a fixed tangible medium or in an electronic format. If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules of the secretary. SECTION 10. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “active journal at the same time” and inserting in place thereof the following words:- tangible journal at any time. A notary may keep more than 1 electronic journal provided that each electronic journal conforms to the requirements of subsection (a). SECTION 11. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out, in lines 33 and 34, the words “(3) the fee, if any, charged for the notarial act; and (4) the address where the notarization was performed” and inserting in place thereof the following words:- (3) a notation indicating whether the notarial act was conducted in person or remotely; (4) the fee, if any, charged for the notarial act; and (5) the address where the notarization was performed; provided, that if the notarial act was performed remotely, the notary shall include the address of the notary and each principal and witness. SECTION 12. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out, in lines 51 and 57, in each instance, the word “state”. SECTION 13. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:- If not in use, a journal shall be kept under the exclusive control of the notary public or a third-party technology service provider designated by the notary public, provided there is a mutual agreement by both the notary public and the third-party service provider, and shall not be used by any other notary public or surrendered to an employer upon termination of employment. SECTION 14. Said chapter 222 is hereby further amended by adding the following 3 sections:- Section 27. (a) A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. Any technology approved by the secretary under subsection (b) of this section and selected by a notary public shall require the notary public's electronic signature and electronic seal to be: (i) Unique to the notary public; (ii) Capable of independent verification; (iii) Retained under the sole control of the notary public; and (iv) Attached to or logically associated with the electronic record in a tamper-evident manner. (b) The secretary shall establish standards for approval of technologies for use by notaries public commissioned by the commonwealth. (c) A tangible copy of an electronic record shall be accepted as the equivalent of an original document for purposes of recording said copy; provided, that: (i) the copy contains a notarial certificate that satisfies all requirements for an original document to be accepted for recording; (ii) the copy satisfies all requirements for recording an original document set forth in chapter 183 and chapter 185, as applicable; and (iii) the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. Section 28. (a) A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public: (i)(A) has personal knowledge of the identity of the remotely-located individual; (B) has identified the remotely-located individual by means of an oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the remotely-located individual; or (C) reasonably can identify the remotely-located individual by at least 2 different types of identity proofing processes or services; (ii) is able to execute the notarial act in a single, real-time session; (iii) is reasonably able to confirm that a record before the notary public is the same record in which the remotely-located individual made a statement or on which the remotely-located individual executed a signature; and (iv) the notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act. (b) A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act and is located outside the United States if: (i) the record is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States, or involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and (ii) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely-located individual is located. (c) A notary public shall not use communication technology to notarize a record related to the electoral process, or a will, codicil or document purporting to be a will or codicil. (d) Before a notary public performs the notary public’s initial notarization using communication technology, the notary public shall: (i) register as a remote notary with the secretary; (ii) inform the secretary that the notary public will perform remote notarizations; and (iii) identify the communication technology that the notary public intends to use. The communication technology must conform to the requirements of this chapter and any rules adopted by the secretary. The notice shall be submitted in the form required by the secretary and shall: (A) include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary; (B) be accompanied by proof that the notary public has successfully completed any training and examination required by this section or that may be required by the secretary; and (C) identify a usual place of business in this state or, if a foreign entity, identify a registered agent, and in either case identify an address for service of process in connection with a civil action or other proceeding. (e) If a notarial act is performed pursuant to this section, the certificate of notarial act required by section 15 shall indicate that the notarial act was performed remotely using communication technology and identify the venue for the notarial act as the county within the commonwealth where the notary public was physically located while performing the notarial act. (f) A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audio-visual recording created under clause (iv) of subsection (a) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. The recording shall be retained for 10 years after the recording is made. (g) Upon request, the notary public shall make available electronic copies of the pertinent entries in the electronic journal and provide access to any related audio-video communication recording to the following persons: (i) the parties to an electronic record notarized by the notary public; (ii) the title insurer reviewing an insured transaction in the context of an audit of its agent, if the agent conducted the electronic notarial act as an element of the insured transaction; and (iii) any other persons pursuant to a subpoena, court order, law enforcement investigation or other lawful inspection demand. (h) The secretary shall establish standards for the use of communication technology and identity proofing. The secretary shall create and maintain a registry of communication technology service providers who meet the established standards as certified by the communication technology service provider. A notary public who uses communication technology shall utilize communication technology and identity proofing from communication technology service providers on the secretary's registry. (i) In addition to the authority set forth in subsection (h), the secretary may adopt rules under this section regarding performance of the notarial act. The rules may: (i) prescribe the means of performing a notarial act involving a remotely located individual using communication technology; and (ii) establish standards for the retention of an audio-visual recording created under clause (iv) of subsection (a). (j) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely-located individual or by providing storage of the audio-visual recording created under clause (iv) of subsection (a), the provider of the communication technology, identity proofing or storage shall appoint the secretary as the provider’s agent for service of process in any civil action in the commonwealth related to the notarial act. (k) The following minimum standards shall apply to notarizations utilizing communication technology performed by a notary public in the commonwealth; provided, that the secretary may adopt rules setting standards that are equally or more protective: (i) Identity proofing by means of dynamic knowledge-based authentication that shall have, at a minimum, the following security characteristics: (A) the remotely located individual shall be presented with 5 or more questions with a minimum of 5 possible answer choices per question; (B) each question shall be drawn from a third-party provider of public and proprietary data sources and shall be identifiable to the social security number or other identification information of the remotely located individual, or such individual’s identity and historical events records; (C) responses to all questions shall be made within a 2-minute time constraint; (D) the remotely-located individual must answer a minimum of 80 per cent of the questions correctly; (E) if the remotely-located individual fails the first attempt, the individual may be offered 1 additional attempt within 24 hours of the initial failed attempt; and (F) during the second attempt, the remotely located individual may not be presented with more than 3 questions from the prior attempt. (ii) Identity proofing by means of credential analysis using 1 or more commercially available automated software or hardware processes that, consistent with sound commercial practices, (A) aid the notary public in verifying the authenticity of the credential by analyzing the integrity of visual, physical or cryptographic security features to indicate that the credential is not fraudulent or inappropriately modified; and (B) use information held or published by the issuing source or authoritative source to confirm the validity of credential details. The results of the credential analysis process shall be provided to the notary public performing the notarial act. (iii) Use of audio-video communication technology in completing notarizations that shall meet the following requirements: (A) the signal transmission shall be reasonably secure from interception, access or viewing by anyone other than the participants communicating; and (B) the technology shall provide sufficient audio clarity and video resolution to enable the notary to communicate with the remotely-located individual and any witness, and to confirm the identity of the remotely-located individual and any witness, as required, using identity proofing. (iv) The communication technology shall have satisfied tamper-evident technology requirements by use of technology that renders any subsequent change or modification to the electronic record evident. (v) With respect to notarial acts conducted during a closing, as defined in section 46E of chapter 221, the communication technology shall be engaged by the closing attorney with the approval of the lender. Upon successful verification of the identity of the remotely-located individual by the notary as required by paragraph (i) of subsection (a), such attorney shall enter and affirm the attorney’s board of bar overseers registration number prior to the conduct of the first notarial act. The communication technology shall be responsible for recording such information in a manner that is logically associated with the transaction and shall retain such information for the same length of time and in the same manner as it retains all other information regarding the notarial act. (vi) In addition to any coverage it elects to provide for individual notaries public, maintenance of errors and omissions insurance coverage by a communication technology service provider shall be provided in a total amount of at least $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the communication technology service provider. A notary public shall not be responsible for the security of the systems used by the remotely-located individual or others to access the notarization session. (vii) Prior to a notary public’s initial notarization using communication technology, the notary public shall complete a 2-hour in-person or online course addressing the duties, obligations and technology requirements for conducting remote notarizations offered by the secretary or a vendor approved by the secretary. Each such provider of communication technology shall make the in-person or online course generally available to all applicants. Regardless of membership in the provider’s organization, the provider shall charge each attendee the same cost for the course unless the course is provided in conjunction with a regularly scheduled meeting of the provider’s membership. (l) Notwithstanding any general or special law to the contrary, with respect to any document executed in the course of a closing, as defined in section 46E of chapter 221, involving a mortgage or other conveyance of title to residential real property, only a notary public appointed pursuant to this chapter who is an attorney licensed to practice law in the commonwealth, or a non-attorney who is under the direct supervision of or acting pursuant to a direct request by the attorney directing or managing the closing, shall perform an acknowledgment, affirmation or other notarial act utilizing communication technology. The notarial certificate affixed to any such document shall recite the board of bar overseers registration number of the attorney notary, or of the supervising attorney for a document notarized by a non-attorney. Failure to comply with this section shall not affect the validity of the document or the recording thereof. (m) The chief justice of the land court may promulgate rules, orders, guidelines, and directives concerning sections 27 and 28 of this chapter as they pertain to the execution, acknowledgment, and registration of documents affecting title to land whose title has been registered and confirmed by the land court pursuant to chapter 185. Section 29. A notary public shall not use, sell, or offer to sell to another person, or transfer to another person for use or sale, any personal information obtained under section 28 that identifies a remotely-located individual, a witness to a remote notarization or a person named in a record presented for remote notarization, except: (i) as necessary to facilitate performance of a notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on behalf of the individual or the transaction of which the record is a part; or (iii) in accordance with this section, including the rules adopted pursuant thereto, or other applicable federal or state law, or to comply with a lawful subpoena or court order. SECTION 15. Sections 27 to 29 of chapter 222 of the General Laws, as inserted by section 14 of this act, shall take effect in 180 days. All other sections shall take effect in 90 days.

[]

[]

[]

[]

An Act to repeal and replace G.L. c. 258

H1526

HD2831

{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T16:51:28.593'}

[{'Id': None, 'Name': 'Henry P. Sorett', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:51:28.5933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1526/DocumentHistoryActions

Bill

By Representative Gentile of Sudbury (by request), a petition (accompanied by bill, House, No. 1526) of Henry P. Sorett relative to claims and indemnity procedures for the Commonwealth, municipalities, counties and districts and their officers and employees. The Judiciary.

G.L. c. 258, GL c. 84 s15 and G.L. c. 81 s18 shall be repealed and replaced by the following: Section 1: All persons harmed by the Commonwealth or by any city, town, county or any other governmental agency or their employees or agents shall be entitled to prompt, fair and reasonable compensation for their losses. No officers, employees or agents of any city, town, county or any other governmental agency shall be personally liable for any such claims and shall be indemnified for their losses and defense costs by their employer. Provided, however, there shall be no right to indemnification if the acts at issue were knowing, willful, intentional, corrupt or committed with wanton disregard for the lives or safety of others. Employers shall have the discretion to indemnify employees for acts which were knowing, willful, intentional or committed with wanton disregard for the lives or safety of others. Any collective bargaining agreement requiring indemnification for such acts shall be null, void and unenforceable. Section 2: Definitions As used in this chapter the following words shall have the following meanings:— ''Acting within the scope of office or employment'', Every person acting within the scope of that person’s employment and acting in the performance of any lawfully ordered military duty, in the case of an officer or soldier of the military forces of the commonwealth, 'Executive officer of a public employer'', the secretary of an executive office of the commonwealth, or in the case of an agency not within the executive office, the attorney general; the adjutant general of the military forces of the commonwealth; the county commissioners of a county; the mayor of a city, or as designated by the charter of the city; the select board of a town or as designated by the charter of the town; and the board, directors, or committee of a district in the case of the public employers of a district, in the case of the Massachusetts Bay Transportation Authority, its general manager and rail and transit administrator, and, in the case of any other public employer, the nominal chief executive officer or board. ''Public attorney'', the attorney who shall defend all civil actions brought against a public employer pursuant to this chapter. In the case of the commonwealth it shall be the attorney general; in the case of any county it shall be the district attorney as designated in sections twelve and thirteen of chapter twelve; in the case of a city or town it shall be the city solicitor or town counsel, or, if the town has no such counsel, an attorney employed for the purpose by the select board; in the case of a district it shall be an attorney legally employed by the district for that purpose; and, in the case of the Massachusetts Bay Transportation Authority, the attorney shall be the general counsel. A public attorney may also be an attorney furnished by an insurer obligated under the terms of a policy of insurance to defend the public employer against claims brought pursuant thereto. ' 'Public employee'', elected or appointed, officers or employees of any public employer, whether serving full or part-time, temporary or permanent, compensated or uncompensated, and officers or soldiers of the military forces of the commonwealth. For purposes of this chapter, the term ''public employee'' shall include an approved or licensed foster caregiver with respect to claims against such caregiver by a child in the temporary custody and care of such caregiver or an adult in the care of such caregiver for injury or death caused by the conduct of such caregiver; provided, however, that such conduct was not intentional, or wanton and willful, or grossly negligent. For this purpose, a caregiver of adults means a member of a foster family, or any other individual, who is under contract with an adult foster care provider as defined and certified by the division of medical assistance. ''Public employer'', the commonwealth and any county, city, town, educational collaborative, or district, including the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, any duly constituted regional transit authority and the Massachusetts Turnpike Authority and any public health district or joint district or regional health district or regional health board established pursuant to the provisions of section twenty-seven A or twenty-seven B of chapter one hundred and eleven, and any department, office, commission, committee, council, board, division, bureau, institution, agency or authority thereof including a local water and sewer commission including a municipal gas or electric plant, a municipal lighting plant or cooperative which operates a telecommunications system pursuant to section 47E of chapter 164, department, board and commission, which exercises direction and control over the public employee, but not a private contractor with any such public employer, the Massachusetts Port Authority, or any other independent body politic and corporate. With respect to public employees of a school committee of a city or town, the public employer for the purposes of this chapter shall be deemed to be said respective city or town. ''Serious personal injury'', bodily injury which results in a permanent or temporary disfigurement, or loss or impairment of a bodily function, limb or organ, debilitating emotional or psychological harm, or for which medical costs or lost wages exceed $2,500.00, or death. “Serious property damage or financial harm”, damage to the property of any person, corporation or other legally created entity of a value of greater than $2,500 provided however that this minimum limit shall not apply to motor vehicles or personal residences or loss or money or property. Section 3: Liability; exclusiveness of remedy; cooperation of public employee; subsequent actions; representation by public attorney Public employers shall be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of that person’s office or employment, in the same manner and to the same extent as a private individual under like circumstances, except that public employers shall not be liable to levy of execution on any real and personal property to satisfy judgment except as provided for herein, and shall not be liable for punitive damages. The remedies provided by this chapter shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the public employer or, the public employee or their estates whose negligent or wrongful act or omission gave rise to such claim, and no such public employee or the estate of such public employee shall be liable for any injury or loss of property or personal injury or death caused by the employee’s negligent or wrongful act or omission while acting within the scope of that employee’s office or employment except as provided for herein; provided, however, that a public employee shall provide reasonable cooperation to the public employer in the defense of any action brought under this chapter. Failure to provide such reasonable cooperation on the part of a public employee shall cause the public employee to be jointly liable with the public employer, to the extent that the failure to provide reasonable cooperation prejudiced the defense of the action. Information obtained from the public employee in providing such reasonable cooperation may not be used as evidence in any disciplinary action against the employee. Final judgment in an action brought against a public employer under this chapter shall constitute a complete bar to any action by a party to such judgment against such public employer or public employee by reason of the same subject matter. The prevailing plaintiff may undertake all actions necessary to enforce a final judgment. Notwithstanding that a public employee shall not be liable for negligent or wrongful acts as described in the preceding paragraph, if a cause of action is improperly commenced against a public employee of the commonwealth alleging injury or loss of property or personal injury or death as the result of the negligent or wrongful act or omission of such employee, said employee may request representation by the public attorney of the commonwealth. The public attorney shall defend the public employee with respect to the cause of action at no cost to the public employee; provided, however, that the public attorney determines that the public employee was acting within the scope of the employee’s office or employment at the time of the alleged loss, injury, or death, and, further, that said public employee provides reasonable cooperation to the public employer and public attorney in the defense of any action arising out of the same subject matter. If, in the opinion of the public attorney, representation of the public employee, under this paragraph would result in a conflict of interest, the public attorney shall not be required to represent the public employee. Under said circumstances, the commonwealth shall reimburse the public employee for reasonable attorney fees incurred by the public employee in defense of the cause of action; provided, however, that the same conditions exist which are required for representation of said employee by the public attorney under this paragraph. Notwithstanding the foregoing, a public employee may be held to be personally liable for intentionally causing harm or by causing harm knowingly, wantonly and in willful disregard of the lives, safety or property of any person. Section 4: Venue; jurisdiction All civil actions brought against a public employer on a claim for damages cognizable under this chapter shall be brought in the county where the claimant resides or in the county where such public employer is situated, except that in the case of the commonwealth such civil actions shall be brought in the county where the claimant resides or in Suffolk county. The superior court shall have jurisdiction of all civil actions brought against a public employer. The district court and housing court shall have jurisdiction of actions brought against housing authorities pursuant to sections twenty-one to twenty-five, inclusive, of chapter two hundred and eighteen. The District Court shall also have jurisdiction for all claims having a value of less than $100,000.00. The District Court small claims jurisdiction and procedures shall be available to claimants whose claims have a value of less than $7,000.00. In the event that a suit is filed in the wrong court, that court shall transfer the suit to court having actual jurisdiction and the court shall promptly give notice to all parties. Section 5 Instituting Claims; limitations of actions: Any person who claims to have suffered injury or harm due to the negligence, acts or omissions of a public employee may commence an action in the Courts of the Commonwealth by filing a complaint. There shall be no requirement to make a presentment prior to filing suit. Service of process shall be made, in the case of a city on the mayor, city clerk, city counsel or public attorney, in the case of a town on the town manager, chair of the select board, town clerk, public attorney or town counsel, in the case of Mass. Port and the MBTA on the chief executive officer, agency counsel, public attorney or chair of the board of directors, in the case of any other agency or board, on its chief executive officer or general counsel. It shall not be a defense that service was not made on the proper person within a public employer so long as that entity has been given actual knowledge of the suit. No civil action may be brought more than three years after the date on which the cause of action accrued; provided, however, that an action which relates to the sexual abuse of a minor, as defined in said section 4C of said chapter 260, shall be governed by section 4C1/2 of said chapter 260. Upon receipt of service of process, a public employer may answer in the ordinary course, file a certificate of investigation and obtain a stay of the duty to answer for 90 days or file a request for mediation and obtain a stay for 120 days. If the public employer files a request for mediation, it shall provide the plaintiff with all information and documents it has concerning the matter at issue and arrange for a mediation with any court certified mediation program or before a mutually agreed upon independent mediator. In any mediation the public employer shall bargain in good faith demonstrating integrity and honesty for the purposes of arriving at a fair and reasonable resolution. The time for mediation may be extended for not more than 90 days by a request made by all parties. If mediation causes a settlement to be achieved, the parties shall file a joint motion for entry of judgment and the issuance of an execution. No confidentiality terms may be included in any settlement agreement, provided however, that a court may impound all or part of the information provided if it is convinced that there is a compelling need for confidentiality. All information about the identity of a child who was the victim of sexual abuse shall be impounded. After the answer is filed or the expiration of any stay, the public employer shall answer and discovery shall proceed in the ordinary course. No public employer or public employee may require arbitration of any issue or claim arising under this act and any contract or agreement purporting to require arbitration shall be null, void and unenforceable If the attorney general or any district attorney reasonably believe that discovery as to a claim will impair a pending criminal investigation or prosecution or would reveal confidential methods and means of investigation or the identity of confidential informants, the attorney general or any district attorney may intervene in an action pending under this act and ask the Court to stay discovery and the trial date for not more than one year. The attorney general and the district attorneys shall have the burden of persuading the Court that the public interest requires a stay and may make in camera submissions to the Court to attempt to meet that burden. A stay so entered may be extended for a period of one additional year for good cause shown. The Court may also enter such protective orders as the interests of justice might require if it is persuaded by clear and convincing evidence of the need for such an order. The provisions of this section shall not apply to such claims as may be asserted by third-party complaint, cross claim, or counter-claim, or to small claims brought against housing authorities pursuant to sections twenty-one to twenty-five, inclusive, of chapter two hundred and eighteen; provided however, that no small claim shall be brought against a housing authority more than three years after the date upon which the cause of action arose. Section 6: Compromise or settlement of claims; subsequent actions The executive officer of a public employer may mediate, compromise or settle any claim for damages under this chapter; provided, that any award, compromise or settlement in excess of two thousand five hundred dollars shall be made only with the prior approval of the public attorney for such public employer; provided further, however, that in any case where the public employer is the commonwealth, any award, compromise or settlement in excess of twenty thousand dollars shall be made only with the prior approval of the secretary of administration and finance. A person designated by the public attorney or secretary of administration and finance having actual authority to make settlements and commit to the entry of a final judgment shall attend all mediations either in person or virtually and said person shall be required to bargain in good faith. In the event that a public employer fails to attend or bargain in good faith then the claimant may apply to the court for such sanctions, costs, expenses and legal fees as may be appropriate and a court may impose those to obtain compliance with this statute and deter misconduct. The acceptance by the claimant of any such award, compromise or settlement approved by the Court shall be in writing and shall, except when procured by fraud, be final and conclusive on the claimant, and shall constitute a complete release of any claim against the public employer or against the public employee whose negligent or wrongful act or omission gave rise to such a claim, and a complete bar to any action by the claimant against such public employer or public employee, by reason of the same subject matter. Provided, however, if the public employer or public employee is found to have committed fraud or to have withheld evidence helpful to a claimant, the claimant may petition to set aside the settlement reopen the case. The claimant seeking to set aside a settlement shall have the burden of persuade the court by clear and convincing evidence that the misconduct occurred and that it materially impaired the claimant’s ability to prove the case. Section 7: Defense of actions Section 7. The public attorney shall defend all civil actions brought against a public employer or public employee of the commonwealth pursuant to this chapter. If the public attorney has a conflict of interest, the employer shall retain independent counsel and pay that attorney’s reasonable fees and costs. If a public employee is sued for claims as to which there is no right of indemnification that employee may retain counsel of the employee’s choosing and at the employee’s expense and then that attorney shall take over the defense or, at the discretion of the public attorney and so long as no conflict of interest exists, act as co-counsel. Section 8: Finality of judgments; subsequent actions Section 8. Any award, compromise or settlement of a civil action brought under this chapter in excess of twenty thousand dollars which has been approved by a public attorney for a public employer, or, in the case where the public employer is the commonwealth, approved by the secretary of administration and finance, shall be made final only after approval of same by a judge of the superior court, district court or housing court having jurisdiction over the action. Provided, however, a judge shall approve all settlements arrived at during mediations attended by persons designated by the public attorney or secretary and authorized by said persons. Further provided no judge shall approve any settlement obtained by fraud, deception, coercion or threats and any claimant who contends that such misconduct occurred may raise such matters at any hearing to approve a settlement. A final judgment and execution shall be entered in accordance with an approved settlement. The acceptance by the claimant of any such award, compromise or settlement shall be in writing and shall, except when procured by fraud, deception, coercion or threats be final and conclusive on the claimant, and shall constitute a complete release of any claim against the public employer or against the public employee whose negligent or wrongful act or omission gave rise to such claim, and a complete bar to any action by the claimant against such public employer or public employee, by reason of the same subject matter. In the event that a public employer or person not entitled to indemnification fails to pay the full amount of any settlement or judgment, the claimant may apply to the court to enforce the settlement or judgment. In the event that the settlement or judgment is against a public employer, the court may order the sheriff of the county in which the public employer is located to levy against the accounts of said public employer and seize the funds necessary to satisfy the settlement or judgment. In the event that a settlement or judgment is against a person not entitled to indemnification then the claimant shall have all rights accorded to a judgment creditor. Section 9: Insurance Section 9. The attorney general shall be responsible for procuring insurance for all public employers. The costs of this coverage shall be allocated ratably and proportionally to the Commonwealth, cities, towns, counties and all other public employers. The attorney general shall be responsible for managing the handling of all claims made under this statute and shall be responsible for requiring the insurer to handle claims fairly, reasonably and promptly in accordance with the intent of this statute. If the attorney general determines that it would be more efficient and fair to manage claims and comply with this statute’s intent by creating, managing and operating a self-insurance program, then the attorney general may create a self-insurance program, set reserves, manage claims and handle them in accordance with the intent of this statute. The costs of this self-insurance program shall be allocated ratably and proportionally to the Commonwealth, cities, towns, counties and all other public employers. The attorney general shall have the authority to promulgate regulations to establish bidding criteria, specifications and protocols for awarding contracts for insurance or to promulgate regulations to operate a self insurance program. Any insurer selected to insure against claims shall be required to provide for the prompt, fair and reasonable resolution of claims and lawsuits understanding that the intended beneficiaries of the insurance program are those who have been injured. Any self insurance program shall have the same goals. The attorney general shall be responsible for the accomplishment of these goals. Section 10: Indemnity of public employees Section 10. Public employers may indemnify public employees, and the commonwealth shall indemnify persons holding office under the constitution, from personal financial loss, all damages and expenses, including legal fees and costs, if any, in an amount not to exceed $10,000,000 arising out of any claim, action, award, compromise, settlement or judgment by reason of an intentional tort, or by reason of any act or omission which constitutes a violation of the civil rights of any person under any federal or state law, if such employee or official or holder of office under the constitution at the time of such intentional tort or such act or omission was acting within the scope of official duties or employment. No such employee or official, other than a person holding office under the constitution acting within the scope of that employee’s official duties or employment, shall be indemnified under this section for violation of any such civil rights if he acted in an intentional, grossly negligent, willful or malicious manner. For purposes of this section, persons employed by a joint health district, regional health district or regional board of health, as defined by sections twenty-seven A and twenty-seven B of chapter one hundred and eleven, shall be considered employees of the city or town in which said incident, claim, suit, or judgment is brought pursuant to the provisions of this chapter. Section 11: Actions against members of police force; indemnity Section 11. If, in the event a suit is commenced against a member of the state police or an employee represented by state bargaining unit five, by reason of a claim for damages resulting from an alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law, the commonwealth, at the request of the affected police officer, shall provide for the legal representation of said police officer. The commonwealth shall indemnify members of the state police or an employee represented by state bargaining unit five, respectively, from all personal financial loss and expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed ten million dollars arising out of any claim, action, award, compromise, settlement or judgment resulting from any alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law; provided, however, that this section shall apply only where such alleged intentional tort or alleged act or failure to act occurred within the scope of the official duties of such police officer. No member of the state police or an employee represented by state bargaining unit five shall be indemnified for any violation of federal or state law if such member or employee acted in a willful, wanton, or malicious manner. Section 12: Application of Secs. 1 to 8 Section 12. The provisions of sections one to eight, inclusive, shall not apply to:— (a) any claim based upon an act or omission of a public employee when such employee is exercising due care in the execution of any statute or any regulation of a public employer, or any municipal ordinance or by-law, whether or not such statute, regulation, ordinance or by-law is valid; (b) any claim arising in respect of the assessment or collection of any tax, or the lawful detention of any goods or merchandise by any law enforcement officer in accordance with a duly authorized court order or writ of execution; (c) any claim based upon the issuance, denial, suspension or revocation or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization unless based on intentional wrongdoing; (d) any claim based upon the failure to inspect, or an inadequate or negligent inspection, of any property, real or personal, to determine whether the property complies with or violates any law, regulation, ordinance or code, or contains a hazard to health or safety, except as otherwise provided in clause (1) of subparagraph (j). (e) any claim based upon the failure to establish a fire department or a particular fire protection service, or if fire protection service is provided, for failure to prevent, suppress or contain a fire, or for any acts or omissions in the suppression or containment of a fire, but not including claims based upon the negligent operation of motor vehicles or as otherwise provided in clause (1) of subparagraph (j). (f) any claim based upon the failure to establish a police department or a particular police protection service, or if police protection is provided, for failure to provide adequate police protection, prevent the commission of crimes, investigate, detect or solve crimes, identify or apprehend criminals or suspects, arrest or detain suspects, or enforce any law, but not including claims based upon the negligent operation of motor vehicles, negligent protection, supervision or care of persons in custody, or as otherwise provided in clause (1) of subparagraph (j). (g) any claim based upon the release, parole, furlough or escape of any person, including but not limited to a prisoner, inmate, detainee, juvenile, patient or client, from the custody of a public employee or employer or their agents, unless gross negligence is shown in allowing such release, parole, furlough or escape. (h) any claim based on the actions of judges, clerks, assistant clerks or employees of the judicial branch except for criminal acts or violations of their oaths of office or for their negligence in the operation of motor vehicles. (i) any claims based on the actions of prosecutors employed by the Commonwealth or any county for actions in the performance of their duties or the exercise of discretion afforded to them by operation law except for criminal acts, the intentional withholding of exculpatory evidence, suborning perjury or for their negligence in the operation of motor vehicles. (j) any claim based on an act or failure to act to prevent or diminish the harmful consequences of a condition or situation, including the violent or tortious conduct of a third person, which is not originally caused by the public employer or any other person acting on behalf of the public employer. This exclusion shall not apply to: (1) any claim based upon explicit and specific assurances of safety or assistance, beyond general representations that investigation or assistance will be or has been undertaken, made to the direct victim or a member of that person’s family or household by a public employee, provided that the injury resulted in part from reliance on those assurances. A permit, certificate or report of findings of an investigation or inspection shall not constitute such assurances of safety or assistance; and (2) any claim based upon the intervention of a public employee which causes injury to the victim or places the victim in a worse position than he was in before the intervention; and (3) any claim based on negligent maintenance of public property; (4) any claim by or on behalf of a patient for negligent medical or other therapeutic treatment received by the patient from a public employee. Nothing in this section shall be construed to modify or repeal the applicability of any existing statute that limits, controls or affects the liability of public employers or entities except as provided for herein. Section 13: Frivolous claims; costs; subsequent actions Section 13. If the judgment in any action brought under this chapter is in favor of the public employer, judgment for costs and execution thereon may issue in favor of the public employer, if the court finds the action brought by the claimant to have been frivolous or in bad faith, and final judgment on the action shall be a bar to any other or further action being brought on the same claim or subject matter. If the judgment in any action is in favor of the claimant and the court finds that the public employer has acted frivolously or in bad faith then the court shall award the claimant reasonable legal fees and costs. The provisions of G.L. c. 231 sec. 6f shall apply. Section 14: Enforcement of claims Section 14. Claims against the commonwealth or any public employer, except as otherwise expressly provided in this chapter or by any general or special provision of law, may be enforced in the superior court or in the district court which adjudicated a matter. Note – expanded to cover all public employers and to allow district courts to enforce their judgments. Section 15: Indemnity of municipal officials Section 15. Any city or town which accepted section one hundred I of chapter forty-one on or before July twentieth, nineteen hundred and seventy-eight, and any other city which accepts this section according to its charter, and any town which accepts this section in the manner hereinafter provided in this section shall indemnify and save harmless municipal officers, elected or appointed from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed ten million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission, except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of the employee’s official duties or employment. This act shall be submitted for acceptance to the voters of each town at an annual town meeting in the form of the following question which shall be placed on the official ballot to be used for the election of town officers at said meeting:—''Shall the town vote to accept the provisions of section thirteen of chapter two hundred and fifty-eight of the General Laws which provides that the town shall indemnify and save harmless municipal officers, elected or appointed, from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to excess of ten million dollars, arising out of any claim, demand, suit or judgment by reason of any act or omission except an intentional violation of civil rights of any person under any law, if the official at the time of such act or omission was acting within the scope of the employee’s official duties or employment?'' If a majority of the votes in answer to said question is in the affirmative, said provisions shall thereupon take full effect, but not otherwise. Section 16: For the purpose of satisfying liens for past due child support, securing repayment of public assistance benefits, and past taxes, a public employer shall comply with sections 24D, 24E, and 24F of chapter 175 and any regulations promulgated thereunder in the same manner as if it were a company authorized to issue policies of insurance pursuant to said chapter 175. Section 17: If any portion of this statute is determined to be unconstitutional or unenforceable then the remaining provisions shall remain in full force and effect to accomplish the intent of this statute. The provisions of this act shall apply only to events or occurrences subsequent to the date of enactment of this statute.

[]

[]

[]

[]

An Act relative to violent protection order violations

H1527

HD857

{'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-17T14:14:15.297'}

[{'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-17T14:14:15.2966667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:33:21.0966667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:14:06.5066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1527/DocumentHistoryActions

Bill

By Representative Gifford of Wareham, a petition (accompanied by bill, House, No. 1527) of Susan Williams Gifford, Joseph D. McKenna and Steven George Xiarhos relative to violent protection orders. The Judiciary.

SECTION 1. Chapter 209A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting adding the following section:- Section 12. The executive office of public safety and security shall develop and provide materials to successful plaintiffs of protection orders granted pursuant to this chapter. The materials shall include, but shall not be limited to, a description and information regarding the following: (1) types of defense that are lawful within the commonwealth, whether lethal or less than lethal; (2) licenses or permits required for various means of defense; (3) where and how to obtain various tools for defense; (4) types and opportunities of training available; (5) situational awareness; and (6) when and how to notify authorities about potential protection order violations or threats. SECTION 2. Chapter 278 of the General Laws is hereby amended by inserting after section 8A the following section:- Section 8B. It shall be an act of lawful defense if a person, who is the plaintiff of a protection order pursuant chapter 209A has in any place they have a right to be, used deadly force, or less than deadly force, against a recipient of said order if said plaintiff acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the place; provided, that there shall be no duty on said plaintiff to retreat from any place that they have a right to be. An act of lawful defense as outlined in this section shall not be cause for arrest or prosecution. Further, an act of lawful defense pursuant to this section shall not be cause for the revocation of a license issued pursuant to sections 122, 123, 129B, 131 or 131E of chapter 140. No person who has committed an act of lawful defense as outlined in this section shall be held liable in an action for damages for death or injuries to an assailant.

[]

[]

[]

[]

An Act relative to increasing racial diversity among judges in Massachusetts

H1528

HD4010

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T10:59:59.943'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T10:59:59.9433333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:23:35.33'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:54:12.1733333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T16:06:14.3266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:13:23.3333333'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-01-25T10:58:45.59'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:08:01.84'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:03:45.35'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T16:36:18.73'}]

{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T16:05:55.963'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1528/DocumentHistoryActions

Bill

By Representatives González of Springfield and Holmes of Boston, a petition (accompanied by bill, House, No. 1528) of Carlos González, Russell E. Holmes and others for legislation to establish a special commission (including members of the General Court) relative to increasing racial diversity among judges. The Judiciary.

(a) Notwithstanding any special or general law to the contrary, there shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to study the potential for legislative action to increase racial diversity among the judiciary in the Commonwealth. The commission shall consist of 15 members: 2 of whom shall be the chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall be the chair of the Massachusetts Black and Latino Legislative Caucus or a designee; 1 of whom shall be the chair of the Massachusetts House Asian Caucus or a designee; 1 of whom shall be the attorney general or a designee; 1 of whom shall be the secretary of public safety and security or a designee; 1 of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; 1 of whom shall be the president of the National Association for the Advancement of Colored People New England Area Conference or a designee; 2 of whom shall be appointed by the Governor’s Council; and 8 of whom shall be appointed by the governor, 1 of whom shall be from the Massachusetts Bar Association, 1 of whom shall be from the Boston Bar Association, 1 of whom shall be from the Massachusetts Black Lawyers Association, 1 of whom shall be from the Massachusetts Association of Hispanic Attorneys, 1 of whom shall be from the Asian American Lawyers Association of Massachusetts, 1 of whom shall be from the Massachusetts District Attorney’s Association or an Assistant District Attorney, and 1 of whom shall be from the Committee for Public Counsel Services. (b)  The appointments made by the governor pursuant to subsection (a) shall include women and people of color in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer. (c)  The commission shall evaluate the current and historic state of racial diversity among judges in the Commonwealth of Massachusetts including, but not limited to: (i) the impact legislative action could have on racial diversity within the judiciary; (ii) recommendations to ensure increased racial diversity across the judiciary; (iii) proposed standards for admission to the judiciary, including, but not limited to, age, education, community of origin, psychological and mental health; and (iv) any other information the commission deems relevant. (d)  The commission shall submit its findings and recommendations relative to increasing racial diversity within the judiciary by filing the same with the clerks of the house of representatives, the senate, the Governor’s Council, and the Governor not later than December 31, 2024.

[]

[]

[]

[]

An Act relative to the leasing of accessory dwelling units

H1529

HD3923

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T12:38:50.393'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T12:38:50.3933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-22T11:22:47.0833333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-23T08:00:55.72'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-23T14:12:40.8066667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:41:25.9566667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-23T10:14:30.23'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-22T11:55:13.51'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T15:23:39.25'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:33:59.29'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-27T13:13:42.7633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T15:03:25.8'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T16:59:24.71'}]

{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T15:05:23.22'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1529/DocumentHistoryActions

Bill

By Representatives González of Springfield and Pignatelli of Lenox, a petition (accompanied by bill, House, No. 1529) of Carlos González, Smitty Pignatelli and others relative to discrimination in the leasing of certain dwelling units. The Judiciary.

Subsection (7) of section 4 of chapter 151B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “residence”, in line 387, the following words:- except when such owner is leasing an accessory dwelling unit as defined in section 1A of chapter 40A; provided that the owner may as a preference, lease such unit to an immediate family member of the owner; provided, that if no such person leases the unit this subsection shall apply.

[]

[]

[]

[]

An Act to eliminate disproportionality and inequities for at-risk children

H153

HD3742

{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-20T14:21:28.067'}

[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-20T14:21:28.0666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:08:11.7366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-13T11:27:23.6966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:27:09.0066667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-13T11:26:50.9133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-13T11:26:36.7666667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-13T11:26:22.7366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-13T11:26:06.21'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-13T11:25:50.5366667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-22T14:45:41.3933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-20T14:34:22.7933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H153/DocumentHistoryActions

Bill

By Representative Donato of Medford, a petition (accompanied by bill, House, No. 153) of Paul J. Donato and others that the Child Advocate report on disproportionality and inequity in services provided by child-serving state entities. Children, Families and Persons with Disabilities.

SECTION 1. Section 1 of chapter 18C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the eighth paragraph the following paragraphs:- “Disproportionality”, a situation in which the demographics of a particular group differs substantially from the demographics of the population at large. Examples of demographic categories for which disproportionality may exist include race, cultural background, ethnicity, gender identity, sexual orientation, transgender status or disability. “ Inequity”, a situation in which members of a particular group are given an unequal share of treatment, status, or opportunity. Examples of group categories which may experience inequities include race, ethnicity, cultural background, gender identity, sexual orientation, transgender status, or disability. “Child Serving State Entities”, state entities that provide services to children, including the executive office of health and human services, the department of children and families, the department of developmental services, the department of mental health, the commission for the deaf and hard of hearing, the department of youth services, the department of public health, the department of transitional assistance, the department of early education and care, MassHealth, the department of elementary and secondary education, the trial court, and the Massachusetts probation service. SECTION 2. Chapter 18C of the General Laws is hereby amended by inserting after section 14 the following section:- Section 15: Collection and Reporting of Information on Inequity in Child Serving Entities Subject to appropriation, the child advocate shall produce a report on disproportionality and inequity in services provided by child-serving state entities. The report shall include, to the extent available, statistics on: (a) the level and type of involvement of children in various demographic groups in each of the state's child serving entities, including the points of entry and exit, and at each point at which a critical decision is made; (b) the number of children in low-income families involved in each of the state's child serving entities; and (c) any short and long-term outcomes of that involvement, including but not limited to the results of critical decisions and any other outcomes identified by each child-serving state entity. The demographic categories to be examined shall include, but are not limited to: (a) race and ethnicity; (b) sexual orientation; (c) gender identity; (d) transgender status; and (e) disability status. The report shall also identify outcomes and how they are measured. The report shall provide a detailed description of any relevant data that was not available to the child advocate in writing the report. The initial report shall be produced within one year of passage of this law and updated annually thereafter. The report shall be submitted to the governor, the secretary of health and human services, the house and senate chairs of the joint committee on children, families and persons with disabilities and the chief justice of the trial court. The report shall also be made publicly available on the child advocate’s website. The child advocate shall request data from child-serving state entities holding data necessary to complete the aforementioned report. The office of the child advocate shall additionally annually produce a public report with detailed recommendations for addressing inequities in child serving state entities. Topics that may be examined include, but are not limited to: (a) statewide data reporting systems that ensure child serving state entities collect accurate, consistent, and comprehensive data that measures disproportionality and inequity; (b) staff trainings on implicit bias, privilege, cultural awareness and professional practice; (c) existing and new early intervention and preventive programming services and curriculum for children involved with state care including, but not limited to: (1) strength-based approaches to engage and promote positive outcomes; (2) community based, wraparound services; (3) educational advocacy and support services; (4) school based referrals to mental health care, the department of children and families, the department of youth services and the department of mental health; (5) programming that supports collaborative relationships among community, faith based, private, and public organizations; (6) home based prevention services in the child serving state entities; (7) transitional services for foster youth and former foster youth; (8) child and family teams for youth in state entities; and (9) other early intervention and preventive programming services; (d) model procurement language and contract oversight that supports culturally accessible services for children, youth and families; (e) a strategic plan to recruit and retain diverse professionals and staff level employees throughout all service delivery systems; (f) recommendations on existing policies that have reduced disproportionality and inequities for youth and children within Massachusetts, nationally, and in other states and localities including but not limited to: (1) blind removal meetings; (2) accountability, quality assurance, and improvements structures to measure outcomes and ensure fidelity; (3) nondiscrimination policies and implementation; and (4) recruitment of affirming foster parents and appropriate kin; (g) recommendations for administrative and legislative actions related to appropriate programs and services to reduce and eliminate disparities in the child serving state entities and improve the long-term outcomes for children who are served by state entities; and (h) performance measures for implementing the recommendations. The child advocate shall write both reports in consultation with individuals and groups with relevant expertise, including expertise in the operation of child-serving entities, experience interacting with child-serving entities, and expertise in identifying and addressing disproportionality and inequity in government policies and practices. Based on the findings of either report, each child serving state entity will be required to publicly produce a corrective action plan to ensure that it collects accurate, consistent, and comprehensive data that measures disproportionality and inequity, and identifies and implements effective policies and practices for reducing disproportionality and inequity – which may include recommendations from the report. The office of the child advocate shall review the corrective action plans and make recommendations for their improvement. The child advocate shall issue guidance or promulgate regulations for the administration and enforcement of this section, including guidance or regulations establishing schedules for the submission, transmission and publication of the data and the format and form that the data from child-serving state entities shall take, including any requirements that data should be available for manipulation or disaggregation, and the format that transmission of the data shall take. The child advocate may request, and if such a request is made all child-serving state entities 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 information imposed by law upon the party furnishing such information as described in section 12 of this chapter

[]

[]

[]

[]

An Act relative to nonprofit receivership authorization

H1530

HD2944

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:52:12.77'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:52:12.77'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-10T16:12:38.6266667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-09T16:01:35.2133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:35:38.6666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:29:27.1933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-28T16:30:25.1366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T14:16:06.21'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:09:06.3833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:50:15.8566667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:38:41.2966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1530/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1530) of Carlos González and others relative to nonprofit receivership of vacant residential property. The Judiciary.

Section 127I of chapter 111 of the General Laws is hereby amended by adding the following paragraph:- Following appointment of a receiver for a vacant residential property, the court, upon motion by the receiver with notice to the owner, mortgagee, and all interested parties, may allow for the sale of the property to a nonprofit entity for fair market value in its then current condition. Any such sale shall be conditioned upon the court finding that the nonprofit will correct all outstanding state sanitary code violations and rehabilitate the property for affordable sale to a first-time homebuyer from a household whose income is not more than 120 per cent of median income as determined by the federal Department of Housing and Urban Development, and further that the nonprofit has the expertise and resources necessary to do so. Any such motion filed by the receiver under this section shall not be heard by the court for at least thirty days following the filing date, during which period the owner, mortgagee, and any other interest parties may join a motion for leave to correct all state sanitary code violations at the property. Upon finding that the owner, mortgagee, or other interested party has the intention and ability to correct the code violations, the court shall stay hearing on the receiver’s motion for a reasonable period of time to allow the owner, mortgagee, or other interested party to do so.

[]

[]

[]

[]

An Act relative to penalties for crimes against seniors

H1531

HD2945

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:04:15.97'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:04:15.97'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T20:00:10.56'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:35:41.4933333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:35:30.9066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1531/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1531) of Carlos González and others relative to penalties for crimes against seniors. The Judiciary.

Section 13K of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (g) Whenever any person has been convicted of subsections (a½) to (e), inclusive, when the victim of such crime is an elder or a person residing in senior housing, the person convicted shall register annually for 5 consecutive years with the office of probation, which shall maintain a central registry of all such persons. The registration shall include (i) the offender’s home address and any secondary addresses; (ii) the offender’s work address; (iii) the offender’s age, sex, race, height, weight, eye and hair color; (iv) a photograph of the offender; and (v) whether the offender is in compliance with the registration requirement of this subsection. Whoever fails to register as required by this subsection shall be punished by imprisonment in the house of correction for not more than 2½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

[]

[]

[]

[]

An Act relative to abuse prevention

H1532

HD2970

{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:33:12.507'}

[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T13:33:12.5066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:34:41.17'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-10T11:58:34.5566667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:19:53.0866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T07:52:01.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1532/DocumentHistoryActions

Bill

By Representative González of Springfield, a petition (accompanied by bill, House, No. 1532) of Carlos González and others relative to abuse prevention. The Judiciary.

Section 6 of Chapter 209A of the General Laws of Massachusetts is hereby amended by inserting after the word “residence.”, in line 19, the following words:- The officer shall provide notice of a domestic violence shelter that serves the municipality. Where said person's native language is not English, the statement shall be then provided in said person's native language, through translation, electronic translation services, or written translation, whenever possible.

[]

[]

[]

[]

An Act amending the victim of violent crime compensation law

H1533

HD565

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:30:44.91'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:30:44.91'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1533/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1533) of Kenneth I. Gordon for legislation to provide certain persons who were abused as a child with compensation from the Division of Victim Compensation and Assistance within the Department of the Attorney General. The Judiciary.

SECTION 1. Chapter 258C of the General Laws, as most recently amended by Section 109 of Chapter 256 of the Acts of 2010, is hereby amended by inserting after the second sentence in section 2 (b), the following sentence: In the case of a claimant who was sexually abused as a minor, such good cause shall include the report of a duly licensed mental health professional stating an opinion that the claimant did not make the connection between the sexual abuse and the harm suffered by the claimant at the time the abuse occurred, and that claimant's failure to make the connection was consistent with the typical responses by such victims of childhood sexual abuse. SECTION 2. Chapter 258C of the General Laws, as most recently amended by Section 127 of Chapter 176 of the Acts of 2008, is hereby amended by inserting after section 5 (a) (1) the following: In the case of a claimant who was sexually abused as a minor, said three years shall commence to run when the claimant first makes the connection between the sexual abuse and the harm suffered by the claimant as a result. The report of a duly licensed mental health professional stating an opinion as to the date when the claimant first made the connection between the sexual abuse and the harm suffered by the claimant, and that the claimant's failure to make the connection prior to that date was consistent with the typical responses by such victims of childhood sexual abuse, shall be prima facie evidence in all proceedings under this chapter.

[]

[]

[]

[]

An Act to protect residents and law enforcement officers in the Commonwealth

H1534

HD567

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:47:09.06'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:47:09.06'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1534/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1534) of Kenneth I. Gordon relative to the classification of arrest warrants. The Judiciary.

SECTION 1. Chapter 276 of the General Laws, as appearing in 2020 Official Edition, is hereby amended by adding the following sections:- Section 22A. Arrest warrants issued by a justice, pursuant to section 21 of chapter 276, or a clerk, pursuant to section 33 of chapter 218, shall be classified as discretionary or non-discretionary. The classification of discretionary shall be limited to subjects who do not pose a credible risk of danger to an individual or the public. Section 22B. Law enforcement officers may arrest or may delay or dispense with the arrest of a person who is subject to arrest under a discretionary warrant, provided, in the event of a non-arrest decision, the officer: (i) gives the subject of the warrant written notice with the date, time, and location of the court where he or she must appear to remove the warrant; (ii) documents the circumstances in an incident report in accordance with the standards of the officer’s law enforcement agency; and (iii) ensures that a copy of the incident report is furnished to the court of jurisdiction for the underlying arrest warrant. Law enforcement officers must arrest the subject of any warrant classified as non-discretionary.

[]

[]

[]

[]

An Act to expand the use of a summons and complaint system

H1535

HD570

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T15:27:42.97'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T15:27:42.97'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1535/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1535) of Kenneth I. Gordon for legislation to establish a special commission (including members of the General Court) to conduct a study and make recommendations on how a summons and complaint system may be used in place of arrest in response to certain non-violent criminal offenses. The Judiciary.

SECTION 1. (a) There shall be established a special legislative commission to study how a summons and complaint system may be used in place of arrest in response to certain non-violent criminal offenses and a list of the applicable criminal offenses related thereto. (b) The special legislative commission shall consist of 17 members: 2 of whom shall be the chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 4 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 Massachusetts Black and Latino Legislative Caucus; 2 of whom shall be members of the senate to be appointed by the senate president; 2 of whom shall be appointed by the governor; 1 of whom shall be the president of the Massachusetts Sheriffs Association, Inc. or a designee; 1 of whom shall be a member of a police officers’ union; 1 of whom shall be the executive director of the Massachusetts Chiefs of Police Association, or a designee; 1 of whom shall be the executive director of the Massachusetts Police Training Committee, or a designee; 1 of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; and 1 of whom shall be the president of the Boston branch of the National Association for the Advancement of Colored People New England Area Conference, or a designee. (c) The special commission shall submit its report and recommendations by filing the same with the clerks of the house of representatives and the senate and the chairs of the joint committee on the judiciary by no later than January 30, 2025.

[]

[]

[]

[]

An Act amending the statute of limitations relating to civil rights actions and criminal prosecutions for the sexual assault and rape of a child

H1536

HD787

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:43:52.517'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:43:52.5166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-16T15:20:54.9233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1536/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1536) of Kenneth I. Gordon relative to the statute of limitations relating to civil rights actions and criminal prosecutions for the sexual assault and rape of a child. The Judiciary.

SECTION 1. Chapter 260 of the General Laws is hereby amended by striking out section 5B, as appearing in the 2020 Official Edition, and inserting in place thereof the following section: - §5B. Civil rights actions Actions arising on account of violations of any law intended for the protection of civil rights, including but not limited to actions alleging employment, housing and other discrimination on the basis of race, color, creed, national origin, sex, age, ancestry or handicap shall be commenced only within three years next after the cause of action accrues, except that an action commenced under 42 U.S.C. §1681-1686,Title IX, for sexual assault, or sexual abuse, as that term is defined in G.L. c. 260, section 4C, shall be governed by the provisions of G.L. c. 260, section 4C½. SECTION 2. Chapter 277 of the General Laws is hereby amended by adding at the end of section 63, as appearing in the 2020 Official Edition, the following paragraph: - Notwithstanding any other provision of this section, an indictment or complaint alleging an offense of indecent assault and battery, or an offense of rape, may be found and filed at any time after the commission of such offense, provided that the victim was under the age of 18 when the offense was committed.

[]

[]

[]

[]

An Act relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child

H1537

HD790

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:54:35.657'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:54:35.6566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1537/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1537) of Kenneth I. Gordon relative to the age of consent in certain criminal prosecutions and civil actions for sexual assault and rape of a child. The Judiciary.

Section 1. Chapter 268 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 21A the following paragraphs:- Section 21B. Any person who is employed by or contracts with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 19, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is served by such school, department or institution, within or outside of such school, department or institution, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an individual served by such school, department or institution shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall be defined as that term is used of chapter 260, section 4C. Any person who is employed or contracted by an institution of higher learning, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall be punished by imprisonment for not more than five years in a state prison or by a fine of $10,000 or both. In a prosecution commenced under this section, an individual served by such institution shall be deemed incapable of consent to sexual relations with such person. For purposes of this section, sexual relations shall be defined as that term is used of chapter 260, section 4C. Section 21C. Any person who is sexually abused by an employee or contractor with any public or private school, or the department of youth services, the department of children and families, the department of mental health, the department of developmental services, or any private institution providing services to clients of such departments, and who, in the course of such employment or contract or as a result thereof, engages in sexual abuse of a person under the age of 19, or under the age of 22 under Chapter 71B, who has not received a high school diploma, a general educational development certificate, or an equivalent document and who is served by such school, department or institution, within or outside of such school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C. In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor. Any person who is employed or contracted by a college or university, and who, in the course of such employment or as a result thereof, engages in sexual abuse of a person who is 19 years of age or under who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C.

[]

[]

[]

[]

An Act relative to preventing educator sexual misconduct and abuse of children and youth

H1538

HD1606

{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-18T15:58:59.547'}

[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-18T15:58:59.5466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1538/DocumentHistoryActions

Bill

By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1538) of Kenneth I. Gordon relative to preventing educator sexual misconduct and abuse of children and youth. The Judiciary.

SECTION 1. Chapter 268 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 21B the following section:- Section 21C. A person over the age of 21 who is employed by or contracts with a public or private school, the department of youth services, the department of children and families, the department of mental health, the department of developmental services or a private institution that provides services to clients of such departments, such as an administrator, teacher, counselor, coach, bus driver or a person in a similar position of authority in the school, department or institution and, in the course of such employment or contract or as a result thereof, engages in, within or outside of the school, department or institution, sexual relations with a person who is: (i) under the age of 19, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution, shall have a cause of action against such an employee or contractor, under chapter 260, section 4C. In a civil action commenced under said section, a person served by such school, department or institution shall be deemed incapable of consent to sexual relations with such an employee or contractor. SECTION 2. Said chapter 268 is hereby amended by inserting after section 21A the following section:- Section 21B. A person over the age of 21 who is employed by or contracts with a public or private school, the department of youth services, the department of children and families, the department of mental health, the department of developmental services or a private institution that provides services to clients of such departments, such as an administrator, teacher, counselor, coach, bus driver, or a person in a position of authority in the school, department or institution and, in the course of such employment or contract or as a result thereof, engages in, within or outside of the school, department or institution, sexual relations with a person who is: (i) under the age of 19, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution; or (ii) under the age of 22, has special needs under chapter 71B, has not received a high school diploma, general educational development certificate or equivalent document and is served by the school, department or institution, shall be punished by imprisonment in a state prison for not more than 5 years or in a jail or house of corrections for not more than 2½ years, by a fine of $10,000 or by both such fine and imprisonment. Registration as a sex offender shall be required. In the case of a teacher or other licensed professional, revocation of the teaching certificate or professional license shall also be required. In a prosecution commenced under this section, an individual served by such a school, department or institution shall be deemed incapable of consent to sexual relations with the person.

[]

[]

[]

[]