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An Act relative to sentencing guidelines | H1629 | HD2399 | 193 | {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:49:49.78'} | [{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:49:49.78'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1629/DocumentHistoryActions | Bill | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1629) of David Paul Linsky for legislation to establish sentencing guidelines for convictions of criminal offenses in the Commonwealth. The Judiciary. | Section 1. Definitions. The following terms as used in this chapter shall have the following meanings:-
“Adjudication of delinquency,” a determination or finding pursuant to G.L. c. 119 § 58 that a juvenile is a delinquent child.
“Conviction,” a finding or verdict of guilt for a criminal offense.
“Criminal history group,” the classification of an offender’s previous record of criminal convictions or adjudications of delinquency as set forth on the horizontal axis of the sentencing guidelines grid.
“Departure from the guidelines,” a sentence imposed outside the sentencing range contained in the applicable grid cell for the particular offense.
“Governing offense,” the offense having the highest offense seriousness level among multiple offenses arising out of the same criminal conduct.
“Grid cell,” the intersection on the sentencing guidelines grid between the offense seriousness level and the criminal history group.
“Intermediate sanction,” a non-incarcerative sentence, or portion thereof, which includes a level of restriction, such as standard probation, intensive supervision probation, community service, home confinement, and day reporting, and which may be coupled with components, such as residential programming, substance abuse treatment, restitution, continuing education, vocational training, special education, and psychological counseling.
“Mandatory minimum sentence,” the provision of a criminal penalty for a particular offense which specifies the minimum term of incarceration and prohibits suspension of any sentence, placement on file, continuance without a finding, probation, and release on parole until the minimum term of imprisonment has been served.
“Master crime list,” the list in which offenses in Massachusetts currently punishable by a term of imprisonment are ranked for purposes of the sentencing guidelines.
“Offense seriousness levels,” the categories for ranking criminal offenses as set forth in the master crime list and on the vertical axis of the sentencing guidelines grid.
“Same criminal conduct,” any two or more offenses committed during a single criminal incident.
“Sentencing Commission,” the Massachusetts Sentencing Commission as defined in G.L. c. 211E § 1.
“Sentencing event,” an appearance before a court of competent jurisdiction during which sentence is imposed for one or more convictions or adjudications of delinquency.
“Sentencing guidelines,” all provisions set forth in this chapter which direct or guide judges in sentencing.
“Sentencing guidelines grid,” the sentencing matrix, with offenses classified on a vertical axis and criminal history groups classified on a horizontal axis , and which contains a sentencing guidelines range within each grid cell.
“Sentencing guidelines range,” the range of any sentence, including the range of intermediate sanctions, which may be imposed in each grid cell without constituting a departure from the sentencing guidelines.
“Split sentence,” a sentence to a house of correction which is suspended in part and includes a specified period of incarceration followed by a specified period of probation or intermediate sanction or both.
“Staircased offense,” a criminal offense which is ranked in more than one offense seriousness level on the basis of the existence of a specified factor.
“Statutory minimum sentence,” the provision of a criminal penalty for a particular offense which does not require the imposition of incarceration, but specifies the minimum term of incarceration, when incarceration is imposed.
Section 2. Sentencing Guidelines Grid. There are established, consistent with the provisions of G.L. c. 211E § 3, sentencing guidelines in the form of a sentencing guidelines grid with offenses classified on the vertical axis according to seriousness and criminal history classified on the horizontal axis according to severity. Within each grid cell there is a sentencing guidelines range, consistent with the provisions of G.L. c. 211E § 3 (a) (3) (C). The sentencing guidelines grid includes three sentencing guidelines zones:- (1) an incarceration zone, where only a sentence to incarceration is within the sentencing guidelines range and a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines; (2) a discretionary zone, where either a sentence to incarceration or a sentence to an intermediate sanction are within the sentencing guidelines range; and, (3) an intermediate sanction zone, where only a sentence to an intermediate sanction is within the sentencing guidelines range and a sentence to incarceration constitutes a departure from the sentencing guidelines. The following sentencing guidelines grid shall be used as a basis for sentencing for convictions of all applicable offenses for which incarceration is a possible sanction under existing statutes, except for those offenses with mandatory minimum sentences listed in § 8 (a) and (b) of this chapter.
Section 3. Master Crime List. Offenses which permit incarceration are ranked according to offense seriousness level. Murder, as defined in G.L. c. 265 § 1, is placed at the highest level of the sentencing guidelines grid and for this offense the sentencing provisions of G.L. c. 265 § 2 apply. The offense seriousness rankings are set forth in the following master crime list, which contains the following information:-
(a) “Grid.” A “YES” in this column denotes application of the sentencing guidelines grid. A “NO” in this column indicates the sentencing guideline grid is not applicable, and an alternate penalty provision as provided for in this chapter is applicable.
(b) “Offense seriousness level.” All offenses on the master crime list are ranked according to seriousness. For offenses to which the sentencing guidelines grid applies, the offense seriousness level of the governing offense determines the placement of the offender on the vertical axis.
For all offenses, the offense seriousness level also represents the level to which a prior conviction is to be assigned for purposes of determining the criminal history group.
(c) “Notes.” The following notes apply to certain offenses contained in the master crime list:
(1) “Note A” refers to offenses where the sentencing guidelines range exceeds the statutory maximum sentence in certain grid cells. In such circumstances, the sentencing guidelines range applies, except that no sentence imposed may exceed the statutory maximum sentence, as provided in § 9 of this chapter.
(2) “Note B” refers to offenses where the statutory minimum sentence exceeds the sentencing guidelines range in certain grid cells. In such circumstances, it is not a departure from the sentencing guidelines for a judge to impose a sentence within the sentencing guidelines range, nor is it a departure from the sentencing guidelines for a judge to impose the statutory minimum sentence, as provided in § 8 (e) of this chapter.
(3) “Note C” refers to offenses with mandatory minimum sentences in violation of G.L. c. 94C. The sentencing guidelines for these offenses are set forth in § 8 (c) of this chapter.
(4) “Note D” refers to certain firearms offenses and certain offenses pertaining to operating a motor vehicle or boat under the influence which may have mandatory minimum sentences. The sentencing guidelines for these offenses are set forth in § 8 (a) and (b) of this chapter.
(5) “Note E” refers to certain other offenses which have mandatory minimum sentences. The sentencing guidelines for these offenses are set forth in § 8 (d) of this chapter.
(6) “Note F” refers to certain offenses for which a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines.
(7) “Note G” refers to staircased offenses. The staircase factors are described in § 4 (a) of this chapter.
(8) “Note H” refers to offenses for which the criminal history group of the defendant is enhanced as described in § 4 (b) of this chapter.
(9) “Note I” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is the same as the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in § 9 of this chapter.
(10) “Note J” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is one level lower than the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in § 9 of this chapter.
(d) “Offense Reference” - the Massachusetts General Law reference for a particular offense.
(e) “Offense Penalty Reference” - the Massachusetts General Law reference for a particular offense penalty provision when different from the offense reference.
(f) “Staircase Factor” - a specified factor, beyond the required elements of for an offense, which determines the offense seriousness level.
(g) The master crime list also incorporates information existing elsewhere in the General Laws. Any discrepancies between the following items of information reproduced in the master crime list and as they appear in the General Laws are to be resolved in favor of those provisions of the General Laws which set forth the penalties for the particular offense.
(1) “Offense” - an abbreviated offense description;
(2) “Penalty Type” - felony or misdemeanor;
(3) “Mandatory Time” - the mandatory minimum sentence, where applicable;
(4) “Min H/C” - the statutory minimum sentence to the house of correction, where applicable;
(5) “Max H/C” - the statutory maximum sentence to the house of correction, where applicable;
(6) “Min Prison” - the statutory minimum sentence to the state prison, where applicable; and,
(7) “Max Prison” - the statutory maximum sentence to the state prison where applicable.
Where an offense is not found in the master crime list, the judge shall impose an appropriate sentence, having due regard for the purposes of sentencing set forth in G.L. c. 211E § 2. The master crime list follows:-
Section 4. (a) Staircasing certain offenses. Certain offenses, broadly defined to encompass a wide range of behavior, are placed at more than one offense seriousness level in the master crime list. These offenses are identified by a staircased notation on the master crime list based on the following considerations:-
(1) Manslaughter in violation of G.L. c. 265 § 13 is a level eight offense where it is voluntary manslaughter and a level six offense where it is involuntary manslaughter.
(2) Assault and battery by means of a dangerous weapon in violation of G.L. c. 265 § 15A is ranked according to the degree of injury to the victim as follows:-
Assault and battery by means of a dangerous weapon is a level six offense where there is significant injury to the victim. Significant injury includes: injuries which are characterized by a protracted period of total disability or long term impairment of function, loss of function of any body members, organ, or mental faculty; injuries, not necessarily permanently disabling, which require long term medical care or rehabilitative therapy; injuries which involve a gross disfigurement; and, injuries which result in a permanent residual disability or loss of function to a significant degree.
Assault and battery by means of a dangerous weapon is a level four offense where there is moderate injury to the victim. Moderate injury includes: injuries which involve extreme physical pain and some discernible disability or loss of function of some body member, organ, or mental faculty, such as fractures, internal injuries or wounds which are serious but not life threatening; and, psychological trauma that results in some temporary or partial disability.
Assault and battery by means of a dangerous weapon is a level three offense where there is no injury or minor injury to the victim. Minor injury includes: injuries which require some emergency treatment, such as lacerations, contusions, or abrasions, which have no residual effect; concussions without lasting neurological impact; physical injuries that are painful and obvious but not in any way disabling; and, minimal, psychological trauma without lasting effect.
(3) Armed robbery in violation of G.L. c. 265 § 17 is a level seven offense where there is a display of a gun. Any other violation of G.L. c. 265 § 17 is a level six offense with the exception of certain violations of G.L. c. 265 § 17 that are subject to the provisions of § 4 (b) of this chapter.
(4) Breaking and entering in violation of G.L. c. 266 §§ 16 through 18 is a level four offense where the breaking and entering involves a dwelling. Any other violation of G.L. c. 266 §§ 16 through 18 is a level three offense.
Certain property offenses are ranked according to the value of property lost or destroyed as follows:-
Where the value of the property lost or destroyed is $50,000 or over, the offense is a level five offense.
Where the value of the property lost or destroyed is between $10,000 and $50,000, the offense is a level four offense.
Where the value of the property lost or destroyed is $10,000 or under, the offense is a level three offense.
In determining the appropriate offense seriousness level for a staircased offense, the judge may consider any evidence received during the proceedings; any victim impact statement; any presentence report, when the judge requests one; and, any other information that the judge deems credible.
Second and subsequent convictions. When a statute provides for a more severe penalty upon a second and subsequent conviction for an offense, the second or subsequent offense is elevated one level on the offense seriousness scale on the master crime list. Where the offense is at level eight, the offender shall be moved over one cell to the right to the next more serious criminal history group in the grid. When a defendant is charged as a second or subsequent offender under the relevant statute, the prior conviction or convictions that served as the basis for the second or subsequent charge shall not be counted in determining criminal history placement on the grid. Offenses that are subject to a more severe penalty for second and subsequent conviction are so designated in the master crime list.
Section 5. Criminal History Groups. There are five criminal history groups on the horizontal axis of the sentencing guidelines grid as follows:-
(a) Criminal History Group A, No/Minor Record, refers to a criminal record that contains no prior convictions of any kind; or, one to five prior convictions in any combination for offenses in levels one or two.
(b) Criminal History Group B, Moderate Record, refers to a criminal record that contains six or more prior convictions in any combination for offenses in levels one or two; or, one or two prior convictions in any combination for offenses in levels three or four.
(c) Criminal History Group C, Serious Record, refers to a criminal record that contains three to five prior convictions in any combination for offenses in levels three or four; or, one prior conviction for offenses in levels five or six.
(d) Criminal History Group D, Violent or Repetitive Record, refers to a criminal record that contains six or more prior convictions in any combination for offenses in levels three, four, five, or six; or, two or more prior convictions in any combination for offenses in levels five or six; or, one prior conviction for offenses in levels seven through nine.
(e) Criminal History Group E, Serious Violent Record, refers to a criminal record that contains two or more prior convictions in any combination for offenses in levels seven through nine.
Section 6. Determining Criminal History. In determining placement in the appropriate criminal history group on the sentencing guidelines grid, the following provisions shall apply:-
(a) Conviction-based criminal history. Only those prior offenses which resulted in a conviction shall be counted for criminal history placement on the sentencing guidelines grid. All convictions that occurred prior to the present sentencing event shall be counted for criminal history placement on the sentencing guidelines grid. The offense seriousness level of each prior conviction shall be determined by reference to the version of the master crime list in effect at the time of the sentencing event for the present offense.
(b) Incident-based criminal history. Multiple prior convictions arising from the same criminal conduct shall be counted as one prior conviction, based on the most serious offense. There shall be a rebuttable presumption that multiple prior convictions that have the same arraignment date shall be counted as one prior conviction, based on the most serious offense. Multiple convictions with the same arraignment date may each be counted separately for purposes of criminal history placement on the sentencing guidelines grid where each such conviction is not part of the same criminal conduct. Multiple convictions with different arraignment dates may be counted as a single conviction for purposes of criminal history placement on the sentencing guidelines grid where each such conviction was part of the same criminal conduct.
(c) Juvenile record. Adjudications of delinquency for offenses classified in offense seriousness levels seven through nine on the master crime list shall be considered as convictions of the offenses involved and counted for purposes of criminal history. Adjudications of delinquency for offenses classified below level seven shall not be counted for purposes of criminal history, but the existence of such adjudications may be considered as an aggravating factor for departure from the sentencing guidelines range.
(d) Federal and out-of-state criminal records. Prior convictions in federal and other jurisdictions shall be counted for criminal history purposes. The offense of prior conviction shall be assigned to the same offense seriousness level as the Massachusetts offense in the master crime list with the same or substantially the same elements.
(e) Prior convictions for staircased offenses. Where the prior conviction is a staircased offense and the offense seriousness level of the staircased offense is not apparent from the criminal record, there is a rebuttable presumption that the prior conviction is in the lowest staircased level for that offense in the master crime list.
(f) Determination of criminal history. The judge shall decide any material contested issues relating to criminal history.
Section 7. Sentencing Pursuant to the Sentencing Guidelines Grid. Sentencing pursuant to the sentencing guidelines grid shall be based on the offense or offenses of conviction and the criminal history of the defendant. The offense seriousness level for each offense of conviction shall be determined from the master crime list. The appropriate level of staircased offenses shall be determined by taking into account the relevant staircasing factors set forth herein. The number and types of prior convictions shall be determined in accordance with § 5 of this chapter to determine the appropriate criminal history group for the offender. The sentencing guidelines range shall be determined by identifying that grid cell where the seriousness level of the governing offense on the vertical axis intersects with the classification of the criminal history group on the horizontal axis.
(a) Sentencing within the guideline range. The sentencing judge may impose a sentence to incarceration within the sentencing guidelines range by imposing a maximum sentence from within the guideline range of the appropriate grid cell. Unless otherwise noted herein, the minimum sentence will always be two-thirds of the maximum sentence and will establish the initial parole eligibility date. This applies to all sentences of incarceration of two months or longer to houses of correction and all sentences to the state prison. Where the maximum sentence of incarceration to a house of correction is less than two months, the minimum sentence need not be two-thirds of the maximum sentence. Where the maximum sentence is selected from the guideline range in the applicable grid cell, the sentence will be within the guidelines and no written explanation is necessary.
(b) Departing from the guidelines range. The sentencing judge may impose a sentence below or above the sentencing guidelines range by setting forth in writing reasons for departing from that range on a sentencing statement, consistent with the provisions of G.L. c. 211E, § 3 (h). Any departure shall be based on a finding that one or more mitigating or aggravating circumstances exist as provided in this chapter. In imposing a sentence of incarceration that departs from the sentencing guidelines range, the minimum sentence shall be two-thirds of the maximum sentence. A sentence that departs below the guidelines range may include a sentence to any lesser term of incarceration or any intermediate sanction.
(1) Mitigating and aggravating circumstances. The following non-exclusive mitigating and aggravating circumstances may guide departures from the sentencing guidelines range. The presence of any such circumstance may warrant departure from the sentencing guidelines range in the discretion of the sentencing judge. In determining mitigation or aggravation, the judge may consider any evidence received during the proceedings; any victim impact statement; any presentence report, when the judge requests one; and, any other information that the judge deems credible.
(A) Mitigating circumstances. The non-exclusive list of mitigating circumstances includes the following:-
The defendant was a minor participant in the criminal conduct.
The defendant was suffering from a mental or physical condition that significantly reduced the culpability of the defendant for the offense.
The victim was an initiator, aggressor, or provoker of the offense.
The sentence was imposed in accordance with a jointly agreed recommendation.
The age of the defendant at the time of the offense.
The defendant verifies current involvement in, or successful completion of, a substance abuse or other treatment program that began after the date of the offense.
(B) Aggravating circumstances. The non-exclusive list of aggravating circumstances includes the following:-
The victim was especially vulnerable due to age or physical or mental disability.
The victim was treated with particular cruelty.
The defendant used position or status to facilitate commission of the offense, such as a position of trust, confidence or fiduciary relationship.
The defendant was a leader in the commission of an offense involving two or more criminal actors.
The defendant committed the offense while on probation, on parole, or during escape.
The defendant has committed repeated offenses against the same victim.
The sentencing judge shall not be required to conduct an evidentiary hearing in determining aggravating or mitigating factors.
(c) Concurrent or consecutive sentencing. When a defendant is convicted of multiple offenses arising out of the same criminal conduct, the judge may impose concurrent or consecutive sentences, subject to the following provisions. The judge shall impose a consecutive sentence when the imposition of a consecutive sentence is required by the terms of the statute pertaining to a particular offense. The judge may impose concurrent or consecutive sentences of incarceration in the house of correction for each offense where such incarceration is permitted by law. The judge may impose concurrent or consecutive sentences of incarceration in the state prison for each offense where such incarceration is permitted by law, subject to the following limitation. The judge may impose consecutive sentences to the state prison by selecting a sentence from the guidelines range in the applicable grid cell for each offense to be sentenced consecutively. The total of such consecutive sentences may be combined up to twice the upper limit of the sentencing guidelines range in the grid cell of the governing offense. Where the total of the combined sentences exceeds twice that upper limit, it shall be considered a departure from the guidelines and the judge is required to provide written reasons. The existence of multiple victims is recognized as an aggravating circumstance which may justify such a departure.
Any sentence imposed as concurrent or consecutive to a governing offense may be for a period of incarceration that is less than the lower limit of the sentencing guidelines range contained in the applicable grid cell or for any level of intermediate sanction, without constituting a departure from the sentencing guidelines.
When a defendant is convicted of multiple offenses which do not arise out of the same criminal conduct or when a defendant at the time of sentencing is currently serving a sentence for another criminal offense, the judge may impose either a concurrent or consecutive sentence from within the sentencing guidelines range of the applicable grid cell without the limitation on consecutive sentences to the state prison set forth in this section.
Section 8. Sentencing for Offenses with Mandatory Minimum Terms. Sentencing guidelines for offenses with mandatory minimum terms are as follows:-
(a) Firearms offenses. No departures below the mandatory minimum sentences for firearms offenses in violation of G.L. c. 269 §§ 10 (a), 10 (c), 10 (d), or 10E are permitted. These enumerated mandatory firearms offenses are not integrated into the guidelines grid. The sentencing guidelines for these mandatory firearms offenses are the mandatory sentencing provisions of the existing statutes. The minimum term of incarceration shall be no less than the mandatory minimum sentence provided in the statutes enumerated in this paragraph. The sentencing judge is required to impose a minimum and a maximum sentence, but the minimum sentence need not be two-thirds of the maximum. For purposes of determining the criminal history group for a defendant with prior mandatory firearms convictions, the master crime list provides the offense seriousness level corresponding to the sentencing guidelines grid for each firearms offense with a mandatory minimum sentence.
(b) Operating under the influence offenses. (1) For purposes of this chapter, operating under the influence offenses refer to offenses enumerated in the second paragraph of c. 90 § 23, in c. 90 § 24 (1) (a) (1), and in c. 90B § 8 (a) (1) (A). With the exception of the departure enumerated in sub-paragraph (b) (2) of this section, no departures below any mandatory minimum sentences for operating under the influence offenses are permitted. These operating under the influence offenses are not integrated into the guidelines grid. The sentencing guidelines for these operating under the influence offenses are the mandatory sentencing provisions of the existing statutes. The minimum term of incarceration shall be no less than any mandatory minimum sentence provided in the statutes enumerated in this paragraph. The sentencing judge is required to impose a minimum and a maximum sentence, but the minimum sentence need not be two-thirds of the maximum.
(2) A judge may sentence a defendant, who has been previously convicted of a violation of c. 90 § 24 (1) (a) (1) or c. 90B § 8 (a) (1) (A) or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation not more than two times within ten years preceding the date of the commission of the operating under the influence offense for which he has been convicted, to a long term residential substance abuse treatment program, approved by the office of community corrections, as established in G.L. c. 211F § 2 (a), in lieu of imposing the mandatory minimum sentence. No other departures below any mandatory minimum sentences for operating under the influence offenses are permitted.
(3) For purposes of determining the criminal history group for a defendant with prior convictions for operating under the influence offenses, the master crime list provides the offense seriousness level for each operating under the influence offense.
(4) Nothing in this section shall be found to prohibit a sentence pursuant to c. 90 § 24 (1) (a) (4) or c. 90B § 8 (a) (3) (A).
(c) Offenses in violation of the controlled substances act. Controlled substances offenses with mandatory minimum terms are integrated into the sentencing guidelines grid. As set forth in the master crime list, violations of G.L. c. 94C § 32E (b) (4) and § 32E (c) (4) are level eight offenses; violations of G.L. c. 94C §§ 32E (a) (4), 32E (b) (3), 32E (c) (2), and 32E (c) (3) are level seven offenses; violations of G.L. c. 94C §§ 32 (b), 32A (d), 32E (a) (3), 32E (b) (2), 32E (c) (1), 32F (a), 32F (d), and 32K are level six offenses; violations of G.L. c. 94C §§ 32A (b), 32B (b), 32E (a) (2), 32E (b) (1), 32F (b), and 32F (c) are level five offenses; and, violations of G.L. c. 94C §§ 32A (c), 32E (a) (1), and 32J are level four offenses.
For the offenses enumerated in the preceding paragraph, a judge shall provide written reasons for sentencing below a mandatory minimum term even though the judge may be imposing sentence that is within the guidelines range of the sentencing guidelines grid. The standard for sentencing below the mandatory minimum term is more stringent than the standard for departure below a sentencing guidelines range. A departure below a mandatory minimum sentence for the controlled substances offenses enumerated above is not permitted unless the defendant has no prior conviction for a controlled substance offense in level seven or eight and the sentencing judge finds the existence of one or more mitigating circumstances.
A judge may impose a sentence below the sentencing guidelines range, provided that:- (a) the criminal history of the defendant falls in criminal history group A or B in the sentencing guidelines grid; and, (b) there is a substantial mitigating factor in addition to the mitigating circumstance or circumstances that justified the departure below the mandatory minimum sentence that should result in a sentence below the sentencing guidelines range.
Where the judge departs below the mandatory minimum sentence and imposes an incarceration sentence within the guidelines range or below the guidelines range, the minimum sentence shall be two-thirds of the maximum sentence; the defendant shall be eligible for parole at the expiration of the minimum sentence; and, the defendant shall be eligible for earned good time, work release, and other pre-release programs deemed appropriate by the correctional authority with custody responsibility, notwithstanding the provisions of G.L. c. 94C § 32H.
Where the judge does not depart from the mandatory minimum sentence and imposes a sentence pursuant to any mandatory sentencing provision, the minimum sentence need not be two-thirds of the maximum sentence, and the defendant shall not be eligible for parole, earned good time, work release, or other pre-release programs until he has served the mandatory minimum sentence, as mandated by G.L. c. 94C, § 32H.
(d) Other offenses with mandatory minimum terms. No departures below any mandatory minimum sentence provided for in these enumerated sections are permitted. As set forth in the master crime list, violations of G.L. c. 90 § 24G (a), c. 90B § 8B (1), c. 272 § 4B, and c. 272 § 6 are level six offenses; violations of G.L. c. 265 § 43 (b), c. 265 § 43 (c), and c. 272 § 4A are level five offenses; violations of G.L. c. 272 § 4A, c. 90 § 24L (1), c. 90B § 8A (1), c. 266 § 27A, . c. 266 § 28 (a), c. 268 § 39, and c. 272 § 7 are level four offenses.
For these offenses the minimum sentence shall be two-thirds of the maximum sentence selected from within the applicable guidelines range, provided that all sentences require a minimum term of incarceration equal to or greater in length than the mandatory minimum sentence. It shall not constitute a departure for a judge to impose a sentence exceeding the guidelines range of the applicable grid cell in order to comply with the requirement that the minimum term of incarceration must be equal to or greater in length than the mandatory minimum sentence and the requirement that the minimum sentence shall be two-thirds of the maximum sentence.
The defendant shall be eligible for parole at the expiration of the minimum sentence. The defendant shall not be eligible for earned good time, work release, and other pre-release programs deemed appropriate by the correctional authority with custody responsibility, until the defendant has served the mandatory minimum sentence.
(e) Offenses with statutory minimum sentences. For those offenses with a statutory minimum sentence, it shall not be considered a departure for the judge to impose a sentence within the sentencing guidelines range, even though the sentence may be below the statutory minimum sentence. Where the statutory minimum sentence exceeds the sentencing guidelines range, the imposition of the statutory minimum sentence shall not constitute a departure from the sentencing guidelines.
Section 9. The Statutory Maximum Term. Notwithstanding G.L. c. 211E § 3 (c), a judge may not impose any sentence which exceeds the statutory maximum term set forth in the statute that establishes the penalty for the particular offense.
Section 10. District and Municipal Court Jurisdiction. When a district or municipal court judge is imposing a sentence and the sentencing guidelines range in the applicable grid cell exceeds the district and municipal court sentencing jurisdiction of two and one half years, the sentencing guidelines range shall be an incarceration zone range of 20 to 30 months and it shall not constitute a departure from the sentencing guidelines for a district or municipal court judge to impose a sentence of incarceration from within the 20 to 30 month sentencing guidelines range.
Section 11. Sentencing to Intermediate Sanctions. Guidelines for sentencing to intermediate sanctions, as defined in G.L. c. 211F § 1, are integrated into the sentencing guidelines grid in the discretionary zone and the intermediate sanctions zone as described in § 2 of this chapter.
There are four levels of intermediate sanctions according to the severity of the restrictions on personal liberty and the intensity of supervision. The four levels of intermediate sanctions are integrated into the grid as follows:-
Level IV, 24-hour restriction, under which the offender is subject to 24-hour restriction and accountability of his whereabouts. This represents the maximum level of restriction and accountability short of incarceration.
Level III, daily accountability, under which the offender is subject to daily accountability of his whereabouts. This represents the level of restriction and accountability that falls in between 24-hour restriction and standard probation supervision.
Level II, standard probation supervision, under which the offender is subject to weekly accountability of his whereabouts. This represents the level of restriction and accountability that is typically associated with standard probation supervision.
Level I, financial accountability, which represents the level of restriction and accountability that is typically associated with administrative probation. It is primarily designed to monitor the timely payment of restitution, fines, victim/witness fees, and the like, by the offender.
A sentence to an intermediate sanction shall be imposed as a condition of probation, consistent with the provisions of G.L. c. 211F § 3 (c). The length of the probation period that may be imposed shall be consistent with the provisions of G.L. c. 276 § 87. The sentencing judge shall specify the intermediate sanction level at which the offender will start serving the term of probation and may also include a minimum period during which the offender is required to be supervised at that level. The supervising probation officer has the discretion to move a probationer down in level or levels in appropriate circumstances, without judicial consultation, consistent with any special conditions or time restrictions specified by the judge. Such a reduction in the intermediate sanction level by a probation officer shall not go below the guideline levels set forth in the grid cell in which the offender was sentenced.
A judge has the exclusive authority to increase an intermediate sanction level or add program components.
Section 12. Revocation of Probation. The sentencing guidelines do not apply to a probation revocation hearing. In imposing a sentence at a probation revocation hearing, the judge has the discretion to impose any sentence up to the statutory maximum. When imposing a sentence of incarceration, the judge shall impose both a minimum sentence and a maximum sentence and the minimum sentence must be two-thirds of the maximum sentence.
Section 13. Split Sentences. A sentence to the state prison shall not be suspended in whole or in part. A sentence to a house of correction shall not be suspended in whole, but a sentence to a house of correction may be suspended in part to permit the imposition of a split sentence. In imposing a split sentence, a judge shall impose a minimum and a maximum term as provided by § 6 (a) of this chapter and shall specify the period of incarceration to be served in the house of correction. The judge shall also specify the term of probation to be served subsequent to the period of incarceration.
Section 14. Financial Sanctions. When appropriate, a judge shall order fines or restitution or both as part of any sentence. Restitution to the victim shall be a priority of the judge at the time of sentencing, regardless of whether the offender is incarcerated.
Section 15. Imposing a Sentence. In sentencing a defendant after trial or after acceptance of a guilty plea pursuant to either Rule 12 of the Rules of Criminal Procedure or Rule 4 (c) of the District/Municipal Court Rules of Criminal Procedure, the court shall comply with the provisions of Rule 28 of the Massachusetts Rules of Criminal Procedure. The judge shall allow both parties to be heard at sentencing on all sentencing issues. In determining the sentence, the judge may rely on any evidence received during the proceedings; any victim impact statement; any presentence report, when the judge requests one; and, any other information the judge deems credible. A sentencing statement shall be completed in accordance with G.L. c. 211E § 3 (h) for each defendant being sentenced. The sentencing judge shall sign the completed sentencing statement and a copy shall be submitted to the Sentencing Commission as provided in G.L. c. 211E § 3 (h).
Section 16. Right of Appeal. The defendant or the commonwealth may appeal a sentence imposed pursuant to sentencing guidelines, to the extent an appeal is permitted in accordance with the provisions of section 4 of chapter 211E of the General Laws. The provisions of sections 28A and 28B of chapter 278 of the General Laws shall not apply to any offense committed on or after the effective date of this chapter.
Section 17. Severability. Where any provision of this chapter or the application thereof to any person or circumstance, shall, for any reason, be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Section 18. Split Sentences. Section 3 (a) (2) of chapter 211E of the General Laws is hereby amended by inserting after the phrase, “Said sentence shall not be suspended in whole or in part,” the following: “except for the imposition of split sentences to the house of correction pursuant to chapter 211G.”
Section 19. Section 3 (e) of chapter 211E of the General Laws is hereby amended by inserting after the phrase “impose a sentence below any mandatory minimum term prescribed by statute,” the following: “only to the extent provided by chapter 211G,”.
Section 20. Effective Date. The provisions of this chapter shall take effect on January 1, 2020 and the sentencing guidelines and other related provisions contained herein shall apply to all felonies and misdemeanors committed on or after that date. All offenses committed prior to January 1, 2020 shall be governed by the laws, including but not limited to those on sentencing, parole, and probation, in effect at the time the offense is committed. Any amendments to the sentencing guidelines shall apply to all offenses committed on or after the effective date of the amendment.
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An Act establishing a pilot diversion program for individuals with developmental and intellectual disabilities | H163 | HD3389 | 193 | {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:18:37.58'} | [{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:18:37.58'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T14:28:56.3833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-04-24T09:54:25.2333333'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-04-25T10:25:56.78'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-04-25T10:25:56.78'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-04-25T10:25:56.78'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H163/DocumentHistoryActions | Bill | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 163) of Michael J. Finn and Lindsay N. Sabadosa relative to establishing a pilot diversion program for individuals with developmental and intellectual disabilities. Children, Families and Persons with Disabilities. | SECTION 1. Part IV of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Chapter 276B the following:
Chapter 276C. Diversion Program for Individuals with Developmental and Intellectual Disabilities.
Section 1. The following words, as used in this chapter, shall have the following meanings:
“Court”, the Boston municipal court.
“Department”, the Department of Developmental Services.
“Development disability”, a group of conditions due to an impairment in physical, learning, language, or behavior areas. These conditions begin during the developmental period, may impact day-to-day functioning, and usually last throughout a person’s lifetime, including Fetal Alcohol Spectrum Disorders.
“Individual”, an adult age 18 years or older with an intellectual disability or developmental disability who is diverted from prosecution under the provisions of this chapter.
''Intellectual disability'', a term used when there are limits to a person’s ability to learn at an expected level and function in daily life.
''Psychiatrist'', a physician licensed pursuant to section two of chapter one hundred and twelve of the general laws who specializes in the practice of psychiatry.
Section 2. There shall be established a Pilot Program to address the unique needs of persons with intellectual and developmental disabilities in the criminal justice system. The Boston municipal courts shall have jurisdiction to divert to the department any person with a developmental disability or an intellectual disability who is charged with an offense or offenses against the commonwealth for which a term of imprisonment may be imposed, over which Boston municipal courts may exercise final jurisdiction, and meets the requirement set forth in Section 5(C) of this chapter. This pilot program shall last for 5 years, from the effective date of this legislation. Upon the effective date of this chapter, the Committee for Public Counsel Services shall be notified of the pilot program by the Massachusetts Probation Service and by the department.
Section 3. The Massachusetts Probation Service and the department shall oversee and develop the pilot program. Annually, both agencies shall jointly provide a report analyzing the number of persons who have been diverted through the pilot program, and the costs of the pilot program, together with recommendations for the pilot program’s future and any other relevant data. This data shall include the collection of demographic data, including but not limited to age, gender, race, and ethnicity. This data shall include direct interviews with program participants on the effectiveness of the diversion and quantitative data about the success of individuals diverted through the program. This report must be filed with the Speaker of the House, the Senate President, the Chairs of the Joint Committee on Children, Families and Persons with Disabilities, and the Chairs of the Joint Committee on the Judiciary. This report shall also be made publicly available on the department’s website.
The Massachusetts Probation Service in partnership with the department shall collaborate with all appropriate state agencies, departments, and secretariats of the commonwealth as necessary to develop the pilot program and provide services to individuals who are diverted through the program.
Section 4. No individual eligible under this statute shall be charged a fee for participation in the pilot program, including fees related to treatment, assessments, or other aspects of their care plan and services.
Section 5. Boston municipal court may approve pretrial diversion at any time after the filing of a criminal complaint, including prior to arraignment. An individual shall qualify for the pilot program and receive services and supports in lieu of prosecution and incarceration if all the following criteria are met:
(a) Diversion is requested by the individual, the individual’s attorney, or the prosecutor, or the court on its own motion, determines that the individual may benefit from participation in the pilot program;
(b) The individual has medical records diagnosing the individual with a developmental or intellectual disability;
(c) The alleged or charged offense is not a violent or dangerous crime and the individual does not have criminal charges pending for a violent or dangerous crime;
(d) The court, in reviewing the individual’s arrest or application for a complaint, and medical or psychological records and any other relevant documents, is satisfied that the individual’s developmental or intellectual disability was a factor in the commission of the alleged or charged offense;
(e) The individual consents to diversion and services from the department; and
(f) The court, considering the medical records of the individual and any evidence presented by the individual’s attorney and the prosecutor, is satisfied that if ordered to the pilot program the individual would not pose an unreasonable risk of danger to any other person or the community.
Section 6. When an individual is diverted through this program, an interdisciplinary team, including the individual and his or her guardian if any, shall be convened by the department and shall draft an individual care plan (ICP) including supports and services for the participant within 14 days. Once the individual consents to the individual care plan, the department shall cause them to be enrolled in proposed services and notify the court in writing of this development.
Section 7. Once the court receives notification that the individual has been registered for services with the department under their new ICP, the court shall dismiss the participant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. If the court dismisses the charges, the court may order the record of the arrest sealed.
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An Act relative to indigent defense counsel | H1630 | HD2405 | 193 | {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:51:41.87'} | [{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:51:41.87'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1630/DocumentHistoryActions | Bill | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1630) of David Paul Linsky relative to indigent defense counsel. The Judiciary. | SECTION 1. Said subsection (c) of said section 2A of said chapter 211D, as so appearing, is hereby further amended by striking out, in the ninth sentence, the words “and every 6 months thereafter”.
SECTION 2. Said chapter 211D of General Laws, as so appearing, is hereby further amended by striking out section 2B and inserting in place thereof the following section:-
Section 2B. Notwithstanding any other provision of law, a criminal defendant charged with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the Commonwealth, on motion of the defendant, or by the court sua sponte, shall not be appointed counsel if the judge, at arraignment, informs such defendant on the record that, if the defendant is convicted of such offense, his sentence will not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.
A criminal defendant charged only with violations of: sections 10, 11, 23, the crimes of operating a motor vehicle negligently or recklessly so as to endanger, leaving the scene of an accident, causing property damage, under section 24 (2)(a), 25, or 34J of chapter 90; sections 34 or 35 of chapter 94C; section 75 of chapter 130; section 34C of chapter 138; section 12 of chapter 140; section 39 of chapter 148; section 218 of chapter 160; section 30 (1), if said property is valued at less than two hundred and fifty dollars, section 30A, clauses (b), (i) and (k) of section 37B, sections 60, if said property is valued at less than two hundred and fifty dollars, sections 87, sections 120, 126A, or 127 of chapter 266, or sections 12, clauses (a) and (b) of sections 53, or clause (a) of sections 53A of chapter 272 shall not be appointed counsel unless said offense requires a mandatory period of incarceration or the Commonwealth notifies the court in writing that it will recommend to the court that the defendant’s sentence, if convicted, will include a period of incarceration. Such notice may be filed at any time prior to trial and the court may then appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial.
SECTION 3. Notwithstanding any general or special law to the contrary, there shall be a committee comprised of the following: 1) the chief counsel of the committee on public counsel services, or his designee; 2) the commissioner of probation, or his designee; 3) the chief justice of the supreme judicial court, or his designee; 4) the chief justice for administration and management, or his designee; 5) the chief justice of the juvenile court, or his/designee. Said committee shall establish a new definition of “indigency” for the purposes of verifying asset information of those individuals for whom counsel shall be appointed by the court. Said committee shall report its findings, together with recommendations for legislation, if any, to the clerks of the house and senate no later than January 1, 2025.
SECTION 4. Notwithstanding any general or special law to the contrary, there shall be a committee comprised of the commissioner of probation, or his designee, the secretary of administration and finance ,or his designee, the chair of the house post audit and oversight committee, or his designee, the chief counsel of the committee for public counsel services, or his designee, the chief justice of the supreme judicial court, or his designee, the chairs of the house and senate committees on the judiciary, or their designees. Said committee shall study which state agency would be best equipped to perform the indigency verification functions as mandated in M.G.L. Chapter 211D. Said committee shall report its findings, together with recommendations for legislation, if any, to the clerks of the house and senate no later than January 1, 2025.
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Resolve establishing a durable power of attorney review commission | H1631 | HD2410 | 193 | {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:53:47.17'} | [{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:53:47.17'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T14:41:00.2033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1631/DocumentHistoryActions | Resolve | By Representative Linsky of Natick, a petition (accompanied by resolve, House, No. 1631) of David Paul Linsky for an investigation by a special commission (including members of the General Court) of the provisions governing durable power of attorney as codified and administered in the Commonwealth. The Judiciary. | Resolved, That there shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to do the following review and investigation of durable powers of attorney: (i) how the provisions governing durable power of attorney are codified and administered in the commonwealth; (ii) how they are used in practice; (iii) the uniformity of durable power of attorney, including documents, forms, practices and powers;(iv) the risk and prevalence of fraud or financial abuse of those under the care of a durable power of attorney, (v) make an assessment of protections in Massachusetts laws and policies to protect individuals from abuse from a durable power of attorney; (vi) make an assessment of legal vehicles or pathways for those who have been financially abused; (vii) review and investigate any other relevant topic the chairs deem necessary; and (viii) to make recommendations for potential legislative changes and related policies as the commission deems appropriate.
In conducting its review, the commission shall seek to determine how durable power of attorney is codified and put into practice under current Massachusetts law and policy with the goal of ensuring these powers are not used to financially abuse, mislead or mistreat those under the care of a durable power of attorney.
To assist the commission in carrying out its review, the secretary of elder affairs, the director of the office on disability, the executive director of the disabled persons protection commission and the commissioner of the department of children and families shall provide to the commission any data and information the commission considers relevant to its charge.
The commission shall consist of: the secretary of elder affairs, or a designee, who shall serve as a co-chair; the commissioner of the department of children and families, or a designee, who shall serve as the other co-chair; the director of the office on disability, or a designee; the executive director of the disabled persons protection commission, or a designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on elder affairs; the chairs of the joint committee on children, families, and persons with disabilities; the attorney general, or a designee; the secretary of the commonwealth, or a designee; the speaker of the house of representatives, or a house member designee; the president of the senate, or a senate member designee; the minority leader of the house of representatives, or a house member designee; the minority leader of the senate, or a senate member designee; the chief justice of the probate and family court, or a designee; the president of the Massachusetts Bar Association or a designee; the president of the Massachusetts Councils on Aging, or a designee; 1 person nominated by the Alzheimer’s Association; 1 person nominated by the National Academy of Elder Law Attorneys Massachusetts Chapter, a district attorney; and a member of law enforcement to be nominated by the Massachusetts Chiefs of Police Association.
In appointing members of the commission, consideration shall be given to race, gender, socioeconomic and geographic diversity that is reflective of the population of Massachusetts.
The special commission shall hold no fewer than 5 public meetings and incorporate feedback from relevant advocacy organizations, care organizations, affected communities, families and other relevant stakeholders from across the commonwealth as well as state and federal experts in financial law and policy and financial crime.
The special commission shall submit a detailed report of its findings and recommendations, along with drafts of legislation necessary to carry out its recommendations by filing its report with the clerks of the house of representatives and the senate and the house and senate committees on ways and means not later than March 1, 2025.
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An Act to enhance safety and security in courthouses | H1632 | HD2417 | 193 | {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:58:01.933'} | [{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T12:58:01.9333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1632/DocumentHistoryActions | Bill | By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1632) of David Paul Linsky for legislation to further regulate safety and security in courthouses. The Judiciary. | Section 1: Chapter 265 of the General Laws, is hereby amended by inserting after section 13D the following section:
Section 13D1/4. Section 13D1/4. Whoever commits an assault or an assault and battery in or on the property owned, leased or occupied by the Massachusetts judicial department or an agency or committee thereof, including any trial or appellate court, during the time when the courts are in session or open to the public may be punished by imprisonment in the state prison for not more than three 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 $25,000 or by both such fine and imprisonment.
Section 2: Section 13C of chapter 268 of the General Laws, added by St. 1971, c. 524, is hereby amended by striking our the first sentence and inserting in its place the following:--
Whoever causes or actively participates in the willful disruption of proceedings of any court of the commonwealth may be punished by imprisonment in a jail or house of correction for not more than two and one half years or in state prison for not more than three years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power of contempt.
Section 3: Section 4 of chapter 275 of the General Laws is hereby amended by striking out the first sentence and inserting in its place the following:--
If the person complained of is convicted, he may be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, provided that any threat to cause bodily injury to a person on account of the person's performance of official duties as a judge, employee of the judicial department, including but not limited to clerk magistrates, probation officers, interpreters, stenographers, and court officers, prosecutors and attorneys may be punished by imprisonment in a jail or house of correction for not more than two and one half years or in state prison for not more than three years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power of contempt.
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An Act relative to pre-trial detention | H1633 | HD853 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T13:56:47.47'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T13:56:47.47'}, {'Id': None, 'Name': 'Peter J. Koutoujian, Middlesex County Sheriff', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T13:56:47.4866667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1633/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1633) of Kate Lipper-Garabedian and Peter J. Koutoujian (Middlesex County Sheriff) relative to adjournments of examinations and trials. The Judiciary. | SECTION 1. Section 35 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 9, the word thirty and inserting in place thereof the following word: -"twenty"
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An Act relative to judicial discretion for probation | H1634 | HD2274 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T12:02:41.187'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-19T12:02:41.1866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T12:58:43.14'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1634/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1634) of Kate Lipper-Garabedian and Jason M. Lewis relative to judicial discretion for probation. The Judiciary. | SECTION 1. Section 87 of chapter 276 of the General Laws is hereby amended by adding the following paragraph:-
“A judge may exercise discretion in placing a defendant on probation and consider the following:
(i) age;
(ii) nature of the defendant’s military service, if any;
(iii) education;
(iv) injuries or wounds sustained;
(v) military discipline record, if the defendant served in the military;
(vi) past and current medical status;
(vii) family and medical psychological reports;
(viii) nature of past criminal convictions, if any;
(ix) age of previous criminal convictions, if any;
(x) employment status;
(xi) arrest record;
(xii) nature of current criminal matter and, if violent, the nature and extent of any injuries to the victim and the relationship of victim to defendant;
(xiii) the availability of family and community support systems;
(xiv) the proposed probation terms; and
(xv) any other facts or circumstances having a bearing on pre-trial probation."
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An Act protecting property of elder or disabled persons | H1635 | HD3562 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T13:27:36.383'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T13:27:36.3833333'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex County District Attorney ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T13:27:36.3833333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1635/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1635) of Kate Lipper-Garabedian and Marian T. Ryan (Middlesex County District Attorney) relative to the penalties for property crimes against elderly or disabled persons. The Judiciary. | SECTION 1: Section 30 of chapter 266, as appearing in the Official 2020 edition of the General Laws, is amended by adding after subsection (6) the following subsection:-
(7) Whoever, without consent of the owner, obtains possession or control over the property of another, sixty years of age or older, or of a person with a disability as defined in section thirteen K of chapter two hundred and sixty-five, if the value of such property exceeds one thousand dollars, shall be guilty of unlawful possession of property, and shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years, or by a fine of not more than twenty-five thousand dollars or by both such fine and imprisonment; if the property is an interest in real estate, whoever is guilty of unlawful possession of property shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment, and shall restore or forfeit such interest in real estate to the owner. The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property. If there is a caretaker for the person who is the owner, the consent of the owner shall not be deemed voluntary and lawful to convey the property unless witnessed in writing by the caretaker. A caretaker may not witness the consent of the owner if the caretaker intends to receive or does receive any interest in the property conveyed or any other benefit as witness. Lack of knowledge that a person has a caretaker shall not be a defense to prosecution under this section.
For the purposes of this section, “caretaker” is defined as a person with responsibility for the care of an elder or person with a disability, which responsibility may arise as the result of a family relationship, by a fiduciary duty imposed by law, or by a voluntary or contractual duty undertaken on behalf of such elder or person with a disability.
Where circumstances give rise to a reasonable doubt as to whether the person who is the owner is competent to enter into such a property transfer, the other party to the transfer must make reasonable inquiry as to whether the owner has a caretaker as defined above.
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An Act providing protection from child enticement | H1636 | HD3588 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T13:35:49.103'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T13:35:49.1033333'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex County District Attorney ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T13:35:49.1033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-09T13:31:24.45'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1636/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1636) of Kate Lipper-Garabedian, Marian T. Ryan (Middlesex County District Attorney) and Carol A. Doherty relative to providing protection from child enticement. The Judiciary. | SECTION 1. Section 26C of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b), a new subsection (c) as follows:
(c) No person, by any means and without privilege to do so, shall knowingly entice any child under the age of 16, or someone he believes to be a child under the age of 16, to enter into any vehicle, if:
(1) The person does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity; and
(2) (i) The person is not a law enforcement officer, emergency services provider as defined in section 71-507, firefighter, or other person who regularly provides emergency services, is not the operator of a bookmobile or other such vehicle operated by the state or a political subdivision and used for informing, educating, organizing, or transporting children, is not a paid employee of, or a volunteer for, a nonprofit or religious organization which provides activities for children, and is not an employee or agent of or a volunteer acting under the direction of any board of education or (ii) the person is a person listed in subdivision (c)(2)(i) of this section but, at the time the person undertakes the activity, he or she is not acting within the scope of his or her lawful duties in that capacity.
(3) It is an affirmative defense to a charge under this subsection (c) that the person undertook the activity in response to a bona fide emergency situation or that the person undertook the activity in response to a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.
(4) Any person who violates this subsection (c) shall be punished by imprisonment in the state prison for not more than 5 years, or in the house of correction for not more than 2 1/2 years, or by both imprisonment and a fine of not more than $5,000
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An Act bringing the crime of leaving the scene of personal injury causing death within the jurisdiction of the district court | H1637 | HD3707 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:15:00.897'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:15:00.8966667'}, {'Id': None, 'Name': 'Middlesex District Attorney Marian Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:15:00.8966667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1637/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1637) of Kate Lipper-Garabedian and Marian Ryan (Middlesex District Attorney) for legislation to bring the crime of leaving the scene of personal injury causing death within the jurisdiction of the district court. The Judiciary. | Section 26 of chapter 218 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting, after the words “subparagraph (1) of paragraph (a) of subdivision (1) of section twenty-four,” in lines 11-12, the following words:- subparagraph (2) of paragraph (a½) of subdivision (2) of section twenty-four,
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An Act defining abuse and neglect of a child | H1638 | HD3721 | 193 | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:17:38.513'} | [{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T14:17:38.5133333'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex County District Attorney ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:17:38.5133333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1638/DocumentHistoryActions | Bill | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1638) of Kate Lipper-Garabedian and Marian T. Ryan (Middlesex County District Attorney) for legislation to further define abuse and neglect of children. The Judiciary. | Section 1. (a) Section 21 of Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the words “or neglect” in line 5 the following definition:
“Abuse”, both physical and sexual abuse. Any individual, not limited to a caregiver, may commit abuse.
(b) Said section 21, as so appearing, is hereby further amended by inserting after the words “child advocate” in line 74 the following definition:
“Neglect”, the failure by a caregiver to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care, including malnutrition. Neglect may be deliberate or through negligence or inability, but it cannot be due solely to inadequate economic resources or due solely to the existence of a handicapping condition. Actual injury, whether physical or emotional, is not required.
(c) Said section 21, as so appearing, is hereby further amended by inserting after the words “transitional assistance” in lines 77-78 the following definition:
“Physical abuse”, a non-accidental act that causes or creates a substantial risk of physical injury to a child, including knowingly or recklessly engaging in behavior that was dangerous to the child and resulted in injury. Intent to cause injury to the child is not required.
(d) Said section 21, as so appearing, is hereby further amended by inserting after the words “mental faculty” in line 94 the following definition:
“Sexual abuse”, (1) A non-accidental sexual act with a child that causes harm or substantial risk of harm to the child’s health or welfare. In determining whether the act causes such harm or substantial risk of harm, the following factors are to be considered: whether the act was committed by force or threat of bodily injury; whether the child was incapable of consent due to factors such as intoxication, sleep, or intellectual disability; any age disparity between the child and the alleged perpetrator; the child’s cognitive, emotional, psychological, and social maturity; any power imbalance between the child and the alleged perpetrator; and the presence of any coercive factors; (2) Sexual contact between a caregiver and a child for whom the caregiver is responsible; or (3) Sexual contact between a child and any individual, not limited to a caregiver, by verbal or written communication, except that a communication (a) that is reasonably intended to provide information and direction for a child’s education and physical and emotional well-being; or (b) that is consensual, is between peers, and shall not involve coercion or exploitation, does not constitute sexual abuse.
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An Act to address gender based price discrimination
| H1639 | HD1788 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:54:32.567'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:54:32.5666667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T17:10:31.0566667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T18:20:39.71'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:41.2166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:02:47.1766667'}] | {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T11:59:56.65'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1639/DocumentHistoryActions | Bill | By Representatives Livingstone of Boston and Barber of Somerville, a petition (accompanied by bill, House, No. 1639) of Jay D. Livingstone, Christine P. Barber and others for an investigation by a working group (including members of the General Court) relative to gender-based price discrimination. The Judiciary. | SECTION 1. There shall be a working group on gender equity regarding the pricing of items marketed for sale towards women in the Commonwealth to better understand gender-based price discrimination on the state level. The working group shall consist of the following members or their designees: 2 people appointed by the Speaker of the House of Representatives; 2 people appointed by the Senate President; the house and senate chairs of the joint committee on financial services; the house and senate chairs of the joint committee on consumer protection and professional licensure; 1 person appointed by the attorney general; the chair of the permanent commission on the status of women; the president of the Women’s Bar Association of Massachusetts; 1 person to be appointed by the office of the State Treasurer, 1 person appointed by the Retailers Association of Massachusetts, and 2 persons to be appointed by the governor.
SECTION 2. Not later than 30 days after the effective date of this act, the working group shall convene to study the costs and differences or lack thereof based on target marketing based on gender. The working group shall submit its findings, along with any legislative recommendations, to the clerks of the senate and house of representatives not later than December 31, 2024.
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An Act establishing a bill of rights for children in foster care | H164 | HD3395 | 193 | {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:20:26.733'} | [{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:20:26.7333333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T15:11:45.4033333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-25T10:07:16.13'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T10:07:16.13'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T10:07:16.13'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T09:38:00.43'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-27T08:11:16.8133333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T12:52:55.87'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:22:50.2433333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:56:04.6333333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-13T09:10:34.0066667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-21T08:54:02.6266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T08:54:02.6266667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-23T14:49:11.2566667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-08T12:35:56.8633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H164/DocumentHistoryActions | Bill | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 164) of Michael J. Finn and others relative to establishing a bill of rights for children in foster care. Children, Families and Persons with Disabilities. | SECTION 1. Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after section 23C the following section:-
Section 23D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Child” means any child, youth or young adult in the care or custody of the department.
“Child-specific family” means a non-kinship individual who is significant in a particular child’s life (e.g., school teacher comes forward; child recommends friend's parent).
(b) The department must present a copy of the following rights to each child in its care when the child enters care, during foster care review meetings, during permanency planning meetings in which the child is participating and at any other times the department deems appropriate. The child’s social worker must also explain these rights to the child in an age-appropriate way when the child enters care. The department must present the document to the child’s attorney and display the document prominently on its website and in all area offices. The department shall ensure the document is translated into the language spoken by the child.
(c) The bill of rights for children in foster care shall include, but not be limited to, the following:
(1) Safety and Security:
(i) Each child shall be treated with respect and shall not be harassed or discriminated against by department staff, foster parents or service providers on the basis of race, national origin, culture, language, ethnicity, sexual orientation, gender, gender identity, gender expression, religion or disability.
(ii) Each child has the right to a placement that is free from physical, sexual, emotional or other abuse, neglect or exploitation.
(iii) Each child shall have access to healthy food, clothing, personal care products and items that preserve and promote the child's family's culture or religion and the child’s specific hair and body needs.
(iv) Each child shall be placed in a safe and nurturing environment and receive appropriate care and treatment in the least restrictive setting available that can meet the child’s needs. No child shall be placed, housed or detained in a secure department of youth services (DYS) placement based on the department’s inability to provide an available and appropriate foster placement, nor shall the department advocate for bail of any amount for children in its care or custody.
(v) Each child has the right to age-appropriate information about a foster family or program prior to being placed and, whenever possible, shall have an opportunity to meet the foster parent or program staff before placement occurs. If the foster placement is only able to accommodate the child for a limited time, the child shall be notified of the anticipated duration of the child’s stay with that foster placement. The child shall be informed of a placement change, and the reason(s) therefore, at least 5 days in advance of any change. When a change is made in an emergency circumstance, the child shall be given as much notice as possible. The child’s belongings shall be packed with care and the child shall be allowed to bring their essential belongings and comfort items with them.
(vi) Each child has the right to safe access to personal possessions, personal space and privacy.
(2) Connections to Family, Community and Identity:
(i) Each child has the right to know, understand, learn and develop the child’s racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to clothing, hair, and other cultural expressions of identity, and to a placement that will provide or maintain the connections necessary to preserve and promote the child’s identities.
(ii) Each child has the right to be placed according to the child’s gender identity and referred to by the child’s identified name and gender pronoun. A child’s sexual orientation and gender identity and expression shall remain private unless the child permits the information to be disclosed, the disclosure is required to protect the child’s health and safety or disclosure is compelled by law or a court order.
(iii) Each child has the right for the department to prioritize the child’s parents, relatives and child-specific family first as potential placement providers. The child’s parents and relatives shall be considered first.
(iv) Each child has the right for the department to first consider placements with the child’s siblings or half-siblings also removed from the home unless the joint placement is contrary to the safety, well-being, or path to permanency for any of the siblings. Whenever possible, the department shall work to address barriers to placing siblings together. The department shall ensure the child be placed in close proximity to siblings if unable to be placed in the same setting and shall facilitate frequent and meaningful contact regardless of geographic barriers.
(v) Each child shall have the right to family time of a duration and frequency that is consistent with the developmental needs of the child. Family time shall take place in-person and outside of a department office whenever possible. Each child shall also have the right to other forms of parental contact, including but not limited to phone calls, videoconferences, email and texts. Congregate care programs should work to facilitate access to virtual forms of contact. Whenever possible, family time shall take place outside of school hours.
(vi) Each child has the right to maintain positive contact with other family members and significant positive relationships in the child’s life, including but not limited to teachers, friends and community supports.
(vii) Each child has the right to be treated as a family member in a foster family and, whenever possible, be included in a foster family’s activities, holidays and rituals.
(viii) Each child has the right to preserve and maintain all languages the child entered care speaking and to a placement that provides or facilitates appropriate language access.
(3) Health Care and Accessibility:
(i) Each child has the right to access appropriate medical, reproductive, dental, vision, mental and behavioral health services regularly and more often as needed.
(ii) Each child has the right to discuss any questions or concerns the child has relating to medication with a social worker or healthcare provider and to understand each of the medications the child takes, its purposes and side effects in a developmentally-appropriate way.
(iii) Each child has the right to out-of-home placements that are accessible for any disabilities the child may have and reasonable accommodations as necessary. These accommodations will be provided in a timely manner and in such a way as to protect the privacy of the child with a disability. Each child also has a right to discuss any disabilities with a social worker and request adaptive equipment, auxiliary aids or services.
(iv) Each child has the right to access gender-affirming care.
(4) Education, Employment and Social Connections:
(i) Each child has the right to school, educational stability, educational supports and to an education that fits the child’s needs.
(ii) Each child has the right to stay in the child’s school of origin unless doing so would not be in the child’s best interest.
(iii) Each child has the right to participate in age-appropriate school, extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have any placement provider use the reasonable and prudent parenting standard when making decisions regarding participation in such activities.
(iv) Each child has the right to achieve developmentally-appropriate, age-related milestones, including but not limited to obtaining a driver’s license, opening bank accounts, birthday celebrations or graduations. The department shall cover any costs associated with these milestones.
(v) Each child will be informed of the educational, vocational and employment supports available to children through the department, including but not limited to any tuition and fee waivers for post-secondary education.
(vi) Each child shall be informed of all available services, including but not limited to assistance in acquiring life skills, educational assistance, financial support, housing support, assistance with credit reports and resolving inaccuracies, training and career guidance to accomplish personal goals and prepare for the future, post-secondary education and employment supports available to children in care and adaptive equipment or auxiliary aids and supports.
(vii) Each child shall have age-appropriate education through the department on financial preparedness, job readiness, appropriate use of social media, education options, healthy relationships and sexual and reproductive health.
(5) Resources and Supports:
(i) The department shall provide reasonable efforts towards reunification to the child and the child’s family of origin, pursuant to state and federal law.
(ii) Each child has the right to reasonable access to a caseworker who makes case plan decisions. Reasonable access shall include the social worker and supervisor’s office telephone numbers and email addresses as well as, at a minimum, monthly visits by the social worker. The department shall also provide the child an emergency contact number available 24 hours a day, 7 days a week. Such access must include the opportunity to have private conversations regarding any questions, grievances, or concerns.
(iii) Each child shall have the right to participate in the development and review of the service and visitation plans and shall be consulted as the department formulates or updates said plans. Children age 14 and older shall also be presented with the action or service plan for their review and signature.
(iv) Each child has the right to be informed in a developmentally-appropriate way of the reason(s) the department became involved with the child’s family, why the child came into care and why the child is still in care. Upon turning 18, children will have the right to access their case files, barring any confidential or legally privileged information.
(v) Each child age 14 or older has the right to be included in the foster care review meeting, permanency hearing and lead agency team meeting, unless documented by court order that participation would be detrimental to the child. If the child is unable to attend in person or by phone or video, the child shall have the right to submit a written statement to be considered at the meeting.
(vi) Each child shall be notified by the department about court dates and the department shall ensure the child understands the child’s right to attend court hearings and speak to the judge regarding any decision that may have an impact on the child’s life.
(vii) Each child has the right to access information contained in medical, dental and educational records held by the department as well as personal documents, including but not limited to social security card, birth certificate, health insurance information, state identification, driver’s license or green card in a developmentally-appropriate way. When a child leaves the care of the department, they shall be given copies of medical, dental and educational records held by the department and original copies of all personal documents. The department shall begin planning to return the documents to the child at least 30 days before the child leaves care to be able to give the documents to the child on the day of the child’s departure. When a child ages out of care, the department must assist the child in obtaining a state identification card if the child does not have one.
(viii) Each child has the right to an attorney upon entering care and to meaningful contact with said attorney. Each child shall be informed by the department of the names and phone numbers of assigned attorneys and be informed by a social worker that the child can contact the attorneys and that there is a process to request a change of attorneys.
(ix) Each child shall be informed by the department of the clothing, birthday and holiday payments to foster parents and placement providers for children in placement and that the child has the right to have those payments used to meet the child’s needs.
(6) Transition Age Youth
(i) Every child who turns 18 while in custody of the department is automatically signed out of care of the department but has the right to sign back into department care prior to turning 23, pursuant to federal requirements. Every child shall be made aware of this right throughout the transition planning process as well as any federal requirements governing services for transition age youth.
(ii) At the age of 14, the department shall begin working with the child to plan their transition from foster care to adulthood. The transition plan should cover all areas needed for a youth to be stable and successful as an adult, including housing, employment, education, and physical and behavioral health.
(iii) Every child above age 18 who has chosen to remain in the custody of the department has the right to leave and re-enter custody at any time for any reason.
(iv) During the transition planning process, the department shall inform the child of all resources and supports available to the child, including housing, educational and vocational supports.
(7) Remedies
(i) Each child shall have the right to file complaints with the department’s ombudsperson and/or the office of the child advocate and shall be free from retaliation or punishment for asserting this right. The department must provide the child with contact information for the ombudsperson and the office of the child advocate.
(ii) Each child shall have the right to have these rights enforced and to report complaints and violations of these rights. If the child, the child’s attorney or the child’s foster parent or placement provider believes any of the above rights have been violated, the child shall have the right to discuss the alleged violation with a social worker, file a complaint with the office of the child advocate or the department’s ombudsperson and/or petition the court for a determination. The department shall not retaliate against or punish a child, an attorney or a foster parent for asserting this right. If the social worker, the office of the child advocate or the court determines the child's rights have been violated, the department shall resolve the violation as soon as practicable.
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An Act relative to archaic laws
| H1640 | HD1777 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:05:13.19'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:05:13.19'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T17:05:55.5266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:27:32.4533333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-02T07:30:22.63'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:02:13.8366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:31:29.8166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:02:28.7433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-31T14:43:18.58'}] | {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T14:09:10.61'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1640/DocumentHistoryActions | Bill | By Representatives Livingstone of Boston and Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1640) of Jay D. Livingstone, Lindsay N. Sabadosa and others for legislation to repeal certain archaic laws and to establish a permanent law revision commission (including members of the General Court) to examine common laws and statutes. The Judiciary. | SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 76. (a) There shall be a permanent law revision commission to consist of: the house and senate chairs of the joint committee on the judiciary, who shall serve as co-chairs; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the chief justice of the appeals court or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the senate minority leader and 1 of whom shall be appointed by the house minority leader; 1 person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the committee for public counsel services; and 6 persons appointed by the governor, 4 of whom shall be faculty members of accredited law schools in the commonwealth and 2 of whom shall be admitted to practice law in the commonwealth.
(b) The counsel to the senate and the counsel to the house of representatives shall jointly provide personnel necessary to coordinate the activities of the commission and assist the commission in drafting legislative proposals, as requested.
(c) The appointed members of the commission shall serve staggered 4-year terms. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
(d) The commission shall: (i) examine the common law and statutes of the commonwealth and judicial decisions for the purpose of identifying defects and anachronisms in the law and recommending needed reforms; (ii) receive and consider proposed changes in the law recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, any bar association and any other learned body; (iii) receive and consider suggestions as to defects and anachronisms in the law from judges, justices, public officials, lawyers and the public; (iv) recommend changes in the law that the commission considers necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law into harmony with modern conditions; (v) recommend the express repeal of statutes repealed by implication or held unconstitutional by a state or federal court; (vi) evaluate and make recommendations on the consolidation of session laws into the general laws; and (vii) make recommendations to improve the openness and accessibility of state laws, including the use of open-source software tools.
(e) The commission shall meet not less than 4 times annually. At the close of each regular session of the general court, the commission shall submit a report of its findings and recommendations, including drafts of any proposed legislation, to the clerks of the house of representatives and senate and the joint committee on the judiciary. The commission may also submit other recommendations and legislative proposals to the joint committee on the judiciary.
SECTION 2. Section 20B of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 41, the words “, 34 or 35”.
SECTION 3. Section 49 of said chapter 127, as so appearing, is hereby amended by striking out, in line 11, the words “,34, or 35,”.
SECTION 4. Section 49B of said chapter 127, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”.
SECTION 5. Section 49C of said chapter 127, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”.
SECTION 6. Section 143 of said chapter 127 is hereby repealed.
SECTION 7. Section 34 of chapter 272 of the General Laws is hereby repealed.
SECTION 8. Said chapter 272 is hereby further amended by striking out section 35, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 35. Whoever commits a lewd and lascivious act with another person in public, with the intent of public exposure or with reckless disregard of substantial risk of public exposure, shall be punished by a fine of not more than $200, by imprisonment in a jail or house of correction for not more than 6 months or by both such fine and imprisonment.
SECTION 9. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “Common night walkers, common street walkers, both male and female, persons” and inserting in place thereof the following word:- Persons.
SECTION 10. Section 62 of said chapter 272 is hereby repealed.
SECTION 11. Section 57 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section thirty-four or thirty-five of chapter two hundred and seventy-two,”.
SECTION 12. Section 45 of chapter 277 of the General Laws is hereby repealed.
SECTION 13. Section 63 of said chapter 277, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 29, the figures “, 34, 35”.
SECTION 14. Section 79 of said chapter 277, as so appearing, is hereby amended by striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap. 272, Sec. 34.)—That A.B. did commit the abominable and detestable crime against nature with a (state the person or beast).”.
SECTION 15. Said section 79 of said chapter 277, as so appearing, is hereby further amended by striking out, in lines 444 and 445, the words “Unnatural act. (Under Chap. 272, Sec. 35.)—That A.B. did commit an unnatural and lascivious act with one C.D.”.
SECTION 16. The initial terms of the first appointed members of the law revision commission shall be staggered so that: 1 attorney appointed by the speaker of the house of representatives, 1 attorney appointed by the senate president, 1 attorney appointed by the senate minority leader and 1 attorney appointed by the house minority leader and 2 persons appointed of the governor serve terms of 4 years; 1 person appointed by the Massachusetts District Attorneys Association, 1 person appointed by the committee for public counsel services and 2 persons appointed by the governor shall serve terms of 3 years; and 2 persons appointed by the governor shall serve terms of 2 years.
| null | [] | [] | [{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}] | [] |
An Act for uniform fiduciary access to digital assets | H1641 | HD1772 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:25:19.427'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:25:19.4266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1641/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1641) of Jay D. Livingstone relative to uniform fiduciary access to digital assets. The Judiciary. | SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the following chapter:-
CHAPTER 201G. MASSACHUSETTS REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
Section 1. Short title
This chapter may be cited as the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act.
Section 2. Definitions
In this chapter:
(1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.
(2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
(3) “Carries” means engages in the transmission of an electronic communication.
(4) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
(5) “Conservator” means a person appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator, special conservator, and those individuals specifically authorized under section 5-408 of chapter 190B.
(6) “Content of an electronic communication” means information concerning the substance or meaning of the communication which:
(A) has been sent or received by a user;
(B) is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and
(C) is not readily accessible to the public.
(7) “Court” means the probate and family court department of the trial court.
(8) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user.
(9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.
(10) “Digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
(11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(12) “Electronic communication” has the meaning set forth in 18 U.S.C. section 2510(12), as amended.
(13) “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.
(14) “Fiduciary” means an original, additional, or successor personal representative, conservator, agent, or trustee.
(15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.
(16) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
(17) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(18) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under law of this commonwealth other than this chapter.
(19) “Power of attorney” means a record that grants an agent authority to act in the place of a principal.
(20) “Principal” means an individual who grants authority to an agent in a power of attorney.
(21) “Protected person” means an individual for whom a conservator has been appointed. The term includes an individual for whom a petition for the appointment of a conservator is pending.
(22) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(23) “Remote-computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. section 2510(14), as amended.
(24) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.
(25) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court.
(26) “User” means a person that has an account with a custodian.
(27) “Will” includes a codicil, testamentary instrument that only appoints a personal representative, and an instrument that revokes or revises a testamentary instrument.
Section 3. Applicability
(a) This chapter applies to:
(1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter;
(2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter;
(3) a conservatorship proceeding commenced before, on, or after the effective date of this chapter; and
(4) a trustee acting under a trust created before, on, or after the effective date of this chapter.
(b) This chapter applies to a custodian if the user resides in this commonwealth or resided in this commonwealth at the time of the user’s death.
(c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
Section 4. User direction for disclosure of digital assets
(a) A user may use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
(c) A user’s direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
Section 5. Terms-of-service agreement
(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b) This chapter does not give a fiduciary any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary acts or represents.
(c) A fiduciary’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 4.
Section 6. Procedure for disclosing digital assets
(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) grant a fiduciary or designated recipient full access to the user’s account;
(2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) a subset limited by date of the user’s digital assets;
(2) all of the user’s digital assets to the fiduciary or designated recipient;
(3) none of the user’s digital assets; or
(4) all of the user’s digital assets to the court for review in camera.
Section 7. Disclosure of content of electronic communications of deceased user
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) an attested copy of the letter of appointment of the representative or a small-estate affidavit or court order;
(4) unless the deceased user provided direction using an online tool, a copy of the user’s will, trust, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C. section 222, as amended, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Section 8. Disclosure of other digital assets of deceased user
Unless the deceased user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) an attested copy of the letter of appointment of the representative or a small-estate affidavit or court order; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user;
(C) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(D) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or
(ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
Section 9. Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(B) evidence linking the account to the principal.
Section 10. Disclosure of other digital assets of principal
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or
(B) evidence linking the account to the principal.
Section 11. Disclosure of digital assets held in trust when trustee is original user
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Section 12. Disclosure of contents of electronic communications held in trust when trustee is not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under chapter 203E that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust.
Section 13. Disclosure of other digital assets held in trust when trustee is not original user
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under chapter 203E;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or
(B) evidence linking the account to the trust.
Section 14. Disclosure of digital assets to conservator of protected person
(a) After an opportunity for a hearing under chapter 190B, the court may grant a conservator access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an attested copy of the court order that gives the conservator authority over the digital assets of the protected person; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(B) evidence linking the account to the protected person.
(c) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by an attested copy of the court order giving the conservator authority over the protected person’s property.
Section 15. Fiduciary duty and authority
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary’s authority with respect to a digital asset of a user:
(1) except as otherwise provided in section 4, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) is limited by the scope of the fiduciary’s duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 120F of chapter 266.
(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 120F of chapter 266.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user;
(2) an attested copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).
Section 16. Custodian compliance and immunity
(a) Not later than 60 days after receipt of the information required under sections 7 through 14, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. section 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(e) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Section 17. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 18. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of said act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of said act, 15 U.S.C. section 7003(b).
Section 19. Severability
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
SECTION 2. This act shall take effect 1 year after its passage.
| null | [] | [] | [] | [] |
An Act relative to forfeiture reform
| H1642 | HD1780 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:08:16.353'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T14:08:16.3533333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1642/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1642) of Jay D. Livingstone relative to forfeiture reform. The Judiciary. | SECTION 1. Chapter 94C of the General Laws is hereby amended by striking section 47.
SECTION 2. Chapter 265 of the General Laws is hereby amended by striking section 56.
SECTION 3. Chapter 280 of the General Laws is hereby amended by inserting after section 16 the following new section:-
Section 17
(a) For the purposes of this section the following terms, shall, unless the context clearly indicates otherwise, have the following meanings:-
“Abandoned property”, personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned.
“Actual knowledge”, direct and clear awareness of information, a fact, or a condition.
“Contraband”, goods that are unlawful to import, export, or possess under the laws of the commonwealth. “Contraband” does not include marijuana grown, manufactured, bought, sold, or possessed lawfully under Massachusetts law.
“Constructive knowledge”, awareness of information, a fact, or a condition that a person is presumed to have, since such knowledge is obtainable by the exercise of reasonable care.
“Conveyance”, a device used for transportation and includes a motor vehicle, trailer, snowmobile, airplane, and vessel, and any equipment attached to it.
“Instrumentality”, property otherwise lawful to possess that is used in the furtherance or commission of an offense of a law subject to forfeiture. An “instrumentality” may include land, buildings, a container, a conveyance, equipment, materials, products, a tool, a computer, computer software, a telecommunications device, a firearm or ammunition.
“Law enforcement agency”, any non-federal police department, law enforcement council, or other entity with employees duly and properly authorized under the law of the commonwealth to engage in seizure and forfeiture.
“Law subject to forfeiture”, a law of the commonwealth that carries a felony penalty and that explicitly includes forfeiture as a punishment or sanction for the offense.
“Proceeds”, money, securities, negotiable instruments or other means of exchange obtained by the sale of property.
(b) (1) When a person is convicted of violating a law subject to forfeiture, the court, consistent with this section, may order the person to forfeit: (i) Proceeds the person derived from the commission of the crime; (ii) Property directly traceable to proceeds derived from the commission of the crime; and (iii) Instrumentalities the person used in the commission of the crime.
(2) An estate of homestead, a motor vehicle of less than $10,000 in market value, and U.S. currency totaling $200 or less are exempt from forfeiture.
(3) No property right exists in contraband. Contraband is subject to seizure and shall be disposed of according to state law. Contraband is not subject to forfeiture under this section.
(c) Property may be forfeited if:
(1) the offense is a violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F, 32G, 32I, 32J or 40 of chapter 94C, or section 50 or 51 of chapter 256;
(2) the offense is established by proof of a criminal conviction; and
(3) the commonwealth establishes that the property is forfeitable under this section by clear and convincing evidence.
Nothing herein prevents property from being forfeited by plea agreement approved by the presiding criminal court, but only if the property is shown by clear and convincing evidence to be otherwise subject to forfeiture.
The court may waive the conviction requirement if the commonwealth shows by clear and convincing evidence that the defendant:
(1)died;
(2)was deported by the U.S. government;
(3)is granted immunity in exchange for testifying or otherwise assisting a law enforcement investigation or prosecution; or
(4) without justification, failed to appear in court for a properly-noticed proceeding after being charged, arraigned, and released on bail or personal recognizance, and failed to remove the default within 90 days.
A waiver may be granted only if the property is shown by clear and convincing evidence to be otherwise subject to forfeiture. Notwithstanding a motion for a waiver, the property shall remain subject to claims by innocent owners, creditors and other third parties pursuant to this section.
(d) (1) A district attorney or the attorney general may petition the superior court in the name of the commonwealth, following a conviction, at which time a hearing may be held wherein the court may order the forfeiture of substitute property owned by the defendant up to the value of unreachable property that is beyond the court’s jurisdiction or cannot be located through due diligence, but only if the commonwealth proves by a preponderance of the evidence that the defendant intentionally transferred, sold, or deposited property with a third party to avoid the court’s jurisdiction.
(2) The commonwealth may not seek personal money judgments or other remedies not provided for in this section.
(f) A defendant is not jointly and severally liable for forfeiture awards owed by other defendants. When ownership is unclear, a court may order each defendant to forfeit property on a pro rata basis or by another means the court finds equitable.
(g) (1) At the request of the commonwealth at any time, a court may issue an ex parte preliminary order to attach, seize or secure personal property for which forfeiture is sought and to provide for its custody. Application, issuance, execution, and return are subject to the laws of the commonwealth and court rules.
(2) Personal property subject to forfeiture may be seized at any time without a court order if: (i) The seizure of personal property is incident to a lawful arrest or a search lawfully conducted; (ii) The personal property subject to seizure has been the subject of a prior judgment in favor of the commonwealth; or (iii) The commonwealth has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the personal property and that the personal property is forfeitable under this section.
(3) The mere presence or possession of U.S. or other currency, without other indicia, is insufficient probable cause for seizure.
(4) Seizure of real property requires a court order. A court may issue an order to seize or secure real property for which forfeiture is sought only after proper notice to property owners and an opportunity for a contested hearing to determine the sufficiency of probable cause for the seizure. Nothing in this section prohibits the prosecuting authority from seeking a lis pendens or restraining order to hinder the sale or destruction of the real property. Application, issuance, execution, and return of any order are subject to the laws and court rules of the commonwealth.
(5) When property is seized, the law enforcement officer shall give an itemized receipt to the person possessing the property; or in the absence of any person, leave a receipt in the place where the property was found, if reasonably possible.
(6) At the time of seizure or entry of a restraining order, the commonwealth acquires provisional title to the seized property. Provisional title authorizes the commonwealth to hold and protect the property. Title to the property vests with the commonwealth when the trier of fact renders a final forfeiture verdict and relates back to the time when the state acquired provisional title. However, this title is subject to claims by third parties adjudicated under this section.
(h) Following the seizure of property, a defendant or third party claimant has a right to a pretrial hearing to determine the validity of the seizure. Reasonable notice of the right to a pretrial hearing must be provided to claimants who may have a right to possession of property.
At any time before trial of the related criminal offense the claimant may claim the right to possession of property by motion to the court to issue a writ of replevin, which motion shall establish the validity of the alleged interest in the property.
The court shall issue a writ of replevin if it finds that: (1) it is likely the final judgment will be that the commonwealth must return the property to the claimant; (2) the property is not reasonably required to be held for investigatory reasons; or (3) the property is the only reasonable means for a defendant to pay for legal representation in the forfeiture or criminal proceeding. At the court’s discretion, it may order the return of funds or property sufficient to obtain legal counsel but less than the total amount seized, and require an accounting.
In lieu of ordering the issuance of the writ, the court may order the commonwealth to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in the action, or order other relief as may be just.
(i) The litigation related to the forfeiture of property shall be held in a single proceeding following the trial of the related alleged offense. The litigation of whether property of less than $10,000 in value shall be forfeited shall be held before only a judge.
Within 7 days of the seizure of property or simultaneously upon filing a related criminal indictment, the commonwealth shall file a forfeiture charge that shall include: (1) a description of the property seized; (2) the date and place of seizure of the property; (3) the name and address of the law enforcement agency making the seizure; (4) the specific statutory and factual grounds for the seizure; (5) whether the property was seized pursuant to an order of seizure, and if the property was seized without an order of seizure, an affidavit from a law enforcement officer stating the legal and factual grounds why an order of seizure was not required; and (6) the names of persons known to the commonwealth who may claim an interest in the property and the basis for each person's alleged interest.
The charging document shall be served upon the person from whom the property was seized, the person's attorney of record and all persons known or reasonably believed to claim an interest in the property.
(j) At any time following determination of forfeiture by the trier of fact, the defendant may petition the court to determine whether the forfeiture is unconstitutionally excessive under the Massachusetts or federal constitution. The defendant has the burden of establishing the forfeiture is grossly disproportional to the seriousness of the offense by a preponderance of the evidence at a hearing conducted by the court without a jury.
In determining whether the forfeiture of an instrumentality is unconstitutionally excessive, the court may consider all relevant factors, including, but not limited to: (a) the seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused by the defendant; (b) the extent to which the defendant participated in the offense; (c) the extent to which the property was used in committing the offense; (d) the sentence imposed for committing the crime subject to forfeiture; and (e) whether the offense was completed or attempted.
In determining the value of the instrumentality subject to forfeiture, the court may consider all relevant factors, including, but not limited to: (a) the fair market value of the property; (b) the value of the property to the defendant including hardship to the defendant if the forfeiture is realized; and (c) the hardship from the loss of a primary residence, motor vehicle or other property to the defendant’s family members or others if the property is forfeited. The court may not consider the value of the instrumentality to the commonwealth in determining whether the forfeiture of an instrumentality is constitutionally excessive.
(k) Property encumbered by a bona fide security interest is not subject to forfeiture. A person claiming a security interest must establish by a preponderance of the evidence the validity of the interest perfected under law, or a lease or rental agreement. The prosecuting authority shall summarily return property to the person with a bona fide security interest.
If the person alleges a valid security interest but the commonwealth seeks to proceed with the forfeiture against the property, the commonwealth shall prove by a preponderance of the evidence that the person had actual knowledge of the underlying crime giving rise to the forfeiture.
(l) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture, unless the commonwealth proves by a preponderance of the evidence that the owner or other person in charge of the conveyance had actual knowledge of the underlying crime giving rise to the forfeiture.
A conveyance is not subject to forfeiture if the underlying crime giving rise to the forfeiture was committed by a person other than the owner of the conveyance while the conveyance was stolen or taken in violation of the law.
(m) The property of an innocent owner may not be forfeited. A person who has an ownership interest in property subject to forfeiture existing at the time the illegal conduct giving rise to forfeiture occurred, or who acquired an ownership interest in property subject to forfeiture after the commission of a crime giving rise to forfeiture, and who claims to be an innocent owner bears the burden of proving by clear and convincing evidence that the person has a legal right, title, or interest in the property seized under this section.
If the commonwealth seeks to proceed with the forfeiture against the property, the commonwealth shall prove by clear and convincing evidence that the person had actual or constructive knowledge of the underlying crime giving rise to the forfeiture, or, in the case of a person who acquired an ownership interest in property subject to forfeiture after the commission of a crime giving rise to forfeiture, the commonwealth shall prove by clear and convincing evidence that at the time the person acquired the property the person: (a) had actual or constructive knowledge that the property was subject to forfeiture; or (b) was not a bona fide purchaser without notice of any defect in title and for valuable consideration.
If the commonwealth fails to meet its burden of proof, the court shall find that the person is an innocent owner and shall order the commonwealth to relinquish all claims of title to the property. The defendant or convicted offender may invoke the right against self-incrimination or the marital privilege during the forfeiture-related stage of the prosecution. The trier of fact at the hearing may not draw an adverse inference from the invocation of the right or privilege.
(n) (1) At any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order it be delivered to the state treasurer within 30 days, or, in the case of contraband, be destroyed within 30 days. If the forfeiture is granted, the court shall order the property be delivered to the treasurer within 30 days. All abandoned property shall be delivered to the treasurer within 30 days.
The treasurer shall dispose of all non-currency forfeited and abandoned property at public auction. The auction proceeds and forfeited currency shall first be used to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable non-personnel expenses, with all remaining funds to be deposited into the general fund.
Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable non-personnel expenses of the seizure, storage, and maintenance of custody of any forfeited items.
(2) Forfeited property received from another jurisdiction, including the federal government, shall be transferred to the treasurer, sold by the treasurer or designee, and deposited in the general fund. Proceeds from the sale of forfeited property received from another jurisdiction, including the federal government, must be transferred to the treasurer and deposited in the general fund.
If federal law prohibits compliance with this subsection, state and local law enforcement agencies shall be prohibited from seeking or accepting forfeited property or proceeds from the federal government.
(3) No law enforcement agency may retain forfeited or abandoned property for its own use or sell it directly or indirectly to any employee of the agency, to a person related to an employee by blood or marriage, or to another law enforcement agency.
(o) On an annual basis, each law enforcement agency shall report to the attorney general the following information about seizures and forfeitures completed by the agency under this section and federal forfeiture law: (1) the total number of seizures of currency; (2) the total number of seizures and the number of items in each class of property seized including vehicles, houses, and other types of property seized; (3) the market value of each class of property seized including currency, vehicles, houses, and other types of property seized; (4) the total number of occurrences of each class of crime underlying the forfeitures including controlled substances, driving while intoxicated, and other crimes; and (5) any additional information as directed by the attorney general.
The attorney general shall develop a uniform protocol for the annual submission of forfeiture data by law enforcement agencies. If a law enforcement agency fails to file a report within 30 days after it is due, the attorney general may compel compliance.
Each law enforcement agency shall file with the attorney general separate reports for forfeitures completed under this section and under federal forfeiture law. A null report shall be filed by a law enforcement agency that did not engage in seizures or forfeitures during the reporting period. The attorney general shall compile the submissions and issue an aggregate report of all forfeitures in the state.
By April 1 of each year, the attorney general shall make available on its website the reports submitted by each law enforcement agency and its aggregate report.
(p) The law enforcement agency that holds the property shall return property to the owner within a reasonable period of time not to exceed five days after: (1) the court finds that the owner had a bona fide security interest; (2) the court finds that the owner was an innocent owner; (3) the acquittal of or dismissal of the owner of the criminal charge that is the basis of the forfeiture proceedings; or (4) the disposal of the criminal charge that is the basis of the forfeiture proceedings by nolle prosequi.
The law enforcement agency that holds the property is responsible for any damages, storage fees and related costs applicable to property returned under this subsection.
(q) A law enforcement agency or prosecuting authority may not enter into an agreement to transfer or refer seized property to a federal agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation and instead must refer the seized property to the local district attorney or the attorney general for forfeiture litigation under this section unless the seized property includes U.S. currency in excess of $50,000. Nothing in this subsection shall be construed to limit or prohibit Massachusetts law enforcement agencies from collaborating with a federal agency to seize contraband and property that law enforcement has probable cause to believe is the proceeds or instruments of a crime.
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An Act to ease burdens on litigants
| H1643 | HD1797 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:58:56.267'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:58:56.2666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1643/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1643) of Jay D. Livingstone relative to lowering the age for persons serving certain summonses and complaints. The Judiciary. | SECTION 1: Section 20 of chapter 223 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following section:
(X) “Notwithstanding any law or rule to the contrary, any person who is at least 18 years old and not a party may serve a summons and complaint for all civil actions pending in District Court, Boston Municipal Court, or Superior Court.”
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An Act regarding testimony after grant of immunity to a witness
| H1644 | HD2294 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:39:44.567'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:39:44.5666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1644/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1644) of Jay D. Livingstone relative to testimony after grant of immunity to witnesses. The Judiciary. | SECTION 1. Section 20H of Chapter 233 of the General Laws, as appearing in the 2015 Official Edition, is hereby amended by striking the existing section and replacing it with the following:
Section 20H. If a witness has been granted immunity pursuant to the provisions of section twenty E and thereafter refuses to testify or produce evidence after being so ordered by the Court, the attorney general or district attorney shall institute contempt proceedings against such witness in the court where the alleged contempt occurred, and, after hearing or trial, if such witness is adjudged to be in contempt of court, they shall be punished, if they have attained the age of eighteen, by imprisonment in the state prison or the house of correction for a term not to exceed the maximum penalty for the crime which is the subject of the grand jury investigation or criminal proceeding, or until they comply with the order of the court, whichever occurs first. A witness who has not attained the age of eighteen shall, if found in contempt, be committed to the Department of Youth Services for a period not to exceed one year, or until they comply with the order of the court, whichever occurs first. The rules of practice and procedure relative to criminal appeals as provided by the Massachusetts Rules of Criminal Procedure and the Massachusetts Rules of Appellate Procedure shall apply to appeals under this section.
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An Act to enhance the availability of immunity to witnesses in the courts of the Commonwealth
| H1645 | HD2297 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:36:59.357'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:36:59.3566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1645/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1645) of Jay D. Livingstone relative to the availability of immunity to witnesses in the courts of the Commonwealth. The Judiciary. | SECTION 1. Section 20D of chapter 233 of the General Laws, as appearing in the 2015 Official Edition, is hereby amended by striking the existing section and replacing it with the following paragraph:
A witness who is called or who may be called to testify before a grand jury or in a criminal proceeding in the supreme judicial court, appeals court, superior court, district court, or in a proceeding in the juvenile court, may, in the manner provided in section twenty E, be granted immunity in any proceeding or investigation involving a criminal offense.
SECTION 2. Section 20E(a) of chapter 233 of the General Laws, as appearing in the 2015 Official Edition, is hereby amended by striking the words “or Superior Court” and replacing them with the words “Superior Court, District Court or Juvenile Court.”
SECTION 3. Section 20E(c) of chapter 233 of the General Laws, as appearing in the 2015 Official Edition, is hereby amended by striking the words “or Superior Court” and replacing them with the words “Superior Court, District Court or Juvenile Court,” and by striking the words “in the superior court” at the conclusion of the subsection.
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An Act to improve after hours bail procedures | H1646 | HD2322 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T12:20:34.31'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T12:20:34.31'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1646/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1646) of Jay D. Livingstone for legislation to improve after hours bail procedures. The Judiciary. | SECTION 1. Section 24 of Chapter 262 of the General Laws as appearing in the 2018 Official Edition is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
(a) Subject to appropriation, the Trial Court shall be responsible for compensation to persons authorized to take bail outside of regular working hours pursuant to this section.
SECTION 2. Section 24 of Chapter 262 of the General Laws as appearing in the 2018 Official Edition is further amended by striking out the second paragraph.
SECTION 3. Section 24 of Chapter 262 of the General Laws as appearing in the 2018 Official Edition is further amended by striking out the third paragraph and inserting in place thereof the following paragraph:- (b) Persons authorized to take bail may administer though wire or electronic means any oath or affirmation required in the course of taking bail or releasing on personal recognizance. No person authorized to take bail shall delegate the setting or taking of bail or the setting or taking of release on personal recognizance to any other person.
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An Act relative to fires and explosions
| H1647 | HD2384 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T12:43:11.907'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T12:43:11.9066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1647/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1647) of Jay D. Livingstone relative to the penalties for causing fires and explosions. The Judiciary. | SECTION 1. Chapter 265 is hereby amended by adding after Section 13D½ the following section: -
Section 13D¾. Whoever wantonly or recklessly sets or uses a fire or fireworks or pyrotechnic or any incendiary or explosive device or material, as those terms are defined in section 39 of chapter 148 and/or section 101 of chapter 266, and thereby causes injury to the person of another shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years.
Any person who, as a result of or in the course of unlawfully and intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C, or any substance or product derived therefrom, causes a fire or explosion that causes personal injury, whether to themselves or to other persons, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one half years.
SECTION 2. Section 2 of Chapter 266 is hereby amended by adding as a second paragraph the following: -
Any person who, without authorization of the school administration, intentionally sets fire to, burns, or causes to be burned any property, whether of himself or another, within any building or structure of a school or educational institution (including but not limited to any elementary school, secondary school, college, or university), whether such institution is public or private and whether or not such institution is currently in session or not, or on the grounds thereof, shall be punished by imprisonment in a jail or house of correction for not more than two and one half years.
SECTION 3. Chapter 266 is hereby amended by striking out Section 8 as appearing in the 2014 Official Edition, and inserting in place thereof the following paragraph: -
Section 8. Whoever, without the consent of the owner, sets or increases a fire upon the land of another whereby the woods or property of another is injured, or whoever negligently or wilfully suffers any fire, set upon his own land or upon the land of another by consent of the owner, to extend beyond the limits thereof so as to cause injury to the woods or property of another, if the cost to restore or replace the property injured is less than $5,000, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years; if the cost to restore or replace the property injured equals or exceeds $5,000, such person shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one half years. The town where such fire occurred may recover the expense of extinguishing such fire in an action of tort, brought within two years after the cause of action accrues, against any such person.
SECTION 4. Chapter 266 is hereby amended by adding after Section 8 the following section: -
Section 8A. Any person who, as a result of or in the course of unlawfully and intentionally manufacturing a controlled substance as defined by section 31 of chapter 94C, or any substance or product derived therefrom, causes a fire or explosion that causes injury to a dwelling house (as defined in section 1 of this chapter), structure, building or real property, or that causes injury to a motor vehicle, boat or other conveyance, whether such property is owned by such person or by another, or is apparently abandoned, shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in a jail or house of correction for not more than two and one half years.
SECTION 5. Section 102B of Chapter 266 is hereby amended by adding as a second paragraph the following: -
Whoever wantonly or recklessly sets or uses a fire or fireworks or pyrotechnic or any incendiary or explosive device or material, as those terms are defined in section 39 of chapter 148 and/or section 101 of chapter 266, and thereby causes injury to the property of another shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years.
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An Act relative to the Massachusetts Uniform Trust Decanting Act | H1648 | HD2618 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:04:38.687'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:04:38.6866667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1648/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1648) of Jay D. Livingstone relative to the distribution of property and the modification of the terms of trusts. The Judiciary. | SECTION 1. Article 1 of Chapter 203E of the General Laws is hereby amended by striking out Section 103, as so appearing, and inserting in place thereof the following section:-
Section 103. Definitions.
In this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Action”, with respect to an act of a trustee, includes a failure to act.
“Ascertainable standard”, a standard relating to an individual’s health, education, support or maintenance.
“Beneficiary”, a person who has a present or future beneficial interest in a trust, vested or contingent.
“Charitable trust”, a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of section 405.
“Environmental law”, a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.
“Interests of the beneficiaries”, the beneficial interests provided in the terms of the trust.
“Jurisdiction”, a geographic area, including a state or country.
“Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
“Property”, anything that may be the subject of ownership, whether real, personal, legal, equitable or any interest therein.
“Qualified beneficiary”, a beneficiary who, on the date the beneficiary’s qualification is determined:
(i) is a distributee or permissible distributee of trust income or principal;
(ii) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in clause (i) terminated on that date without causing the trust to terminate; or
(iii) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
“Revocable”, a trust that is revocable by the settlor without the consent of the trustee or a person holding an adverse interest.
“Settlor”, a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion.
“Spendthrift provision”, a term of a trust which restrains transfer of a beneficiary’s interest.
“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, including an Indian tribe or band recognized by federal law or formally acknowledged by a state.
“Terms of a trust”:
(i) except as otherwise provided in clause (ii), the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or established by other evidence that would be admissible in a judicial proceeding; or
(ii) the trust’s provisions as established, determined, or amended by a trustee or other person in accordance with applicable law, a court order, or a non-judicial settlement agreement under section 111.
“Trust instrument”, an instrument that contains terms of the trust, including any amendments thereto.
“Trustee”, an original, additional or successor trustee or a co-trustee.
SECTION 2. Said Article 1 of Chapter 203E of the General Laws is hereby further amended by striking out section 110, as so appearing, and inserting in place thereof the following section:-
Section 110. Others treated as qualified beneficiaries
(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust shall have the rights of a qualified beneficiary under this chapter if, on the date the charitable organization’s qualification is being determined, the charitable organization:
(1) is a distributee or permissible distributee of trust income or principal;
(2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(c) A person appointed to enforce a trust created for the care of an animal or other non-charitable purpose, as provided in sections 408 and 409, shall have the rights of a qualified beneficiary under this chapter.
SECTION 3. Said Chapter 203E of the General Laws is hereby further amended by inserting after Article 8 the following article:-
ARTICLE 9
MASSACHUSETTS UNIFORM TRUST DECANTING ACT
Section 901. Short title
This article shall be known and may be cited as the Massachusetts Uniform Trust Decanting Act.
Section 902. Definitions
In this article the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Appointive property”, the property or property interest subject to a power of appointment.
“Authorized fiduciary”:
(i) a trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries;
(ii) a special fiduciary appointed under section 909; or
(iii) a special-needs fiduciary under section 913.
“Beneficiary”, for purposes of this article, includes an identified charitable organization that will or may receive distributions under the terms of the trust.
“Charitable interest”, an interest in a trust which:
(i) is held by an identified charitable organization and makes the organization a qualified beneficiary;
(ii) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or
(iii) is held solely for charitable purposes described in subsection (a) of section 405 and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary.
“Current beneficiary”:
(i) a beneficiary who, on the date the beneficiary’s qualification is determined, is a distributee or permissible distributee of trust income or principal; or
(ii) a holder of a presently exercisable general power of appointment.
“Decanting power”, the power of an authorized fiduciary under this article to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust.
“Expanded distributive discretion”, a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.
“First trust”, a trust over which an authorized fiduciary may exercise the decanting power.
“First-trust instrument”, the trust instrument for a first trust.
“General power of appointment”, a power of appointment exercisable in favor of a powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate.
“Power of appointment”, a power (other than a power of attorney) that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property.
“Powerholder”, a person in which a donor creates a power of appointment.
“Presently exercisable power of appointment”, a power of appointment exercisable by the powerholder at the relevant time. The term:
(i) includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after (a) the occurrence of the specified event, (b) the satisfaction of the ascertainable standard, or (c) the passage of the specified time; and
(ii) does not include a power exercisable only at the powerholder’s death.
“Reasonably definite standard” means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of subsection (b)(5)(A) of section 674 of the Internal Revenue Code and any applicable regulations.
“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.
“Second trust”:
(i) a first trust after modification under this article; or
(ii) a trust to which a distribution of property from a first trust is or may be made under this article.
“Second-trust instrument”, the trust instrument for a second trust.
“Sign” means, with present intent to authenticate or adopt a record:
(i) to execute or adopt a tangible symbol; or
(ii) to attach to or logically associate with the record an electronic symbol, sound, or process.
Section 903. Scope
(a) Except as otherwise provided in subsections (b) and (c), this article applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(b) This article does not apply to a trust held solely for charitable purposes described in subsection (a) of section 405.
(c) Subject to section 915, a trust instrument may restrict or prohibit exercise of the decanting power.
(d) This article does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of the commonwealth other than this article, common law, a court order, or a non-judicial settlement agreement.
(e) This article does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
Section 904. Fiduciary duty
(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article.
(c) Except as otherwise provided in a first-trust instrument, for purposes of this article and sections 801 and 802(a), the terms of the first trust are deemed to include the decanting power.
Section 905. Application; governing law
This article applies to a trust created before, on, or after the effective date of this article which has its principal place of administration in the commonwealth.
Section 906. Reasonable reliance
A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this article, law of the commonwealth other than this article, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
Section 907. Notice; exercise of decanting power
(a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given.
(b) Except as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
(c) Except as otherwise provided in subsection (f), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:
(1) each settlor of the first trust, if living or then in existence;
(2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the first trust;
(4) each person that currently has the right to remove or replace the authorized fiduciary;
(5) each other fiduciary of the first trust;
(6) each fiduciary of the second trust; and
(7) the attorney general, if subsection (b) of section 914 applies.
(d) An authorized fiduciary is not required to give notice under subsection (c) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(e) A notice under subsection (c) must:
(1) specify the manner in which the authorized fiduciary intends to exercise the decanting power;
(2) specify the proposed effective date for exercise of the power;
(3) include a copy of the first-trust instrument; and
(4) include a copy of all second-trust instruments.
(f) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the period in a signed record.
(g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under section 909 asserting that:
(1) an attempted exercise of the decanting power is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty; or
(2) section 922 applies to the exercise of the decanting power.
(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) if the authorized fiduciary acted with reasonable care to comply with subsection (c).
Section 908. [Reserved]
Section 909. Court involvement
(a) On application of an authorized fiduciary, a person entitled to notice under subsection (c) of section 907, a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary;
(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power;
(3) approve an exercise of the decanting power;
(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) after applying section 922, the proposed or attempted exercise does not or did not comply with this article; or
(B) the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty;
(5) determine the extent to which section 922 applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of section 922 to a prior exercise of the decanting power; or
(7) order other relief to carry out the purposes of this article.
(b) On application of an authorized fiduciary, the court may approve:
(1) an increase in the fiduciary’s compensation under section 916;
(2) a modification of fiduciary liability under section 917; or
(3) a modification under section 918 of a provision granting a person the right to remove or replace the fiduciary.
Section 910. Formalities
An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 917, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
Section 911. Decanting power under expanded distributive discretion
(a) In this section:
(1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary’s estate.
(2) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary.
(3) “Successor beneficiary” means a beneficiary who is not a qualified beneficiary on the date the beneficiary’s qualification is determined.
(4) “Vested interest” means:
(A) a right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power;
(B) a current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property;
(C) a current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property;
(D) a presently exercisable general power of appointment; or
(E) a right to receive an ascertainable part of the trust property on the trust’s termination which is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur.
(b) Subject to subsection (c) and section 914, an authorized fiduciary who has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Subject to section 913, in an exercise of the decanting power under this section, a second trust may not:
(1) include as a current beneficiary a person who is not a current beneficiary of the first trust or include as a current beneficiary with respect to trust principal a person who is a current beneficiary of the first trust only with respect to trust income, except as otherwise provided in subsection (d);
(2) include as a presumptive remainder beneficiary or successor beneficiary a person who is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (d); or
(3) reduce or eliminate a vested interest.
(d) Subject to subsection (c)(3) and section 914, in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may:
(1) retain a power of appointment granted in the first trust;
(2) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment;
(3) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and
(4) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary.
(e) A power of appointment described in subsection (d)(1) through (4) may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust.
(f) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion.
Section 912. Decanting power under limited distributive discretion
(a) In this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
(b) An authorized fiduciary who has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Under this section and subject to section 914, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust.
(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if:
(1) the distribution is applied for the benefit of the beneficiary;
(2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this chapter; or
(3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.
(e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
Section 913. Trust for beneficiary with disability
(a) In this section:
(1) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incompetent.
(2) “Governmental benefits” means financial aid or services from a state, federal, or other public agency.
(3) “Special-needs fiduciary” means, with respect to a trust that has a beneficiary with a disability:
(A) a trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries;
(B) if no trustee or fiduciary has discretion under subsection (A), a trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or
(C) if no trustee or fiduciary has discretion under subsections (A) and (B), a trustee or other fiduciary, other than a settlor, who is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries.
(4) “Special-needs trust” means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for any governmental benefit.
(b) A special-needs fiduciary may exercise the decanting power under section 911 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if:
(1) a second trust is a special-needs trust that benefits the beneficiary with a disability; and
(2) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust.
(c) In an exercise of the decanting power under this section, the following rules apply:
(1) Notwithstanding subsection (c)(2) of section 911, the interest in the second trust of a beneficiary with a disability may:
(A) be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. section 1396p(d)(4)(C); or
(B) contain payback provisions complying with reimbursement requirements of Medicaid law under 42 U.S.C. section 1396p(d)(4)(A).
(2) Subsection (c)(3) of section 911 does not apply to the interests of the beneficiary with a disability.
(3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary’s beneficial interests in the first trust.
Section 914. Protection of charitable interest
(a) In this section:
(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes described in subsection (a) of section 405.
(2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the Internal Revenue Code of the United States on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
(b) If a first trust contains a determinable charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest.
(c) This article does not limit the powers and duties of the attorney general under law of the commonwealth other than this article.
Section 915. Trust limitation on decanting
(a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
(1) the decanting power; or
(2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
(1) the decanting power; or
(2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary’s interest does not preclude exercise of the decanting power.
(d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this article even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument.
Section 916. Change in compensation
(a) If a first-trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the compensation permitted by this chapter unless:
(1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(c) A change in an authorized fiduciary’s compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary’s compensation for purposes of subsections (a) and (b).
Section 917. Relief from liability and indemnification
(a) Except as otherwise provided in this section or approved by the court, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(c) Except as approved by the court, a second-trust instrument may not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of the commonwealth other than this article.
Section 918. Removal or replacement of authorized fiduciary
An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:
(a) the person holding the power consents to the modification in a signed record and the modification applies only to the person;
(b) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(c) the court approves the modification and the modification grants a substantially similar power to another person.
Section 919. Tax-related limitations
(a) In this section:
(1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under sections 671 through 677 or section 679 of the Internal Revenue Code.
(2) “Internal Revenue Code” means the Internal Revenue Code of the United States as amended and as then in effect, and references to a specific provision of the Internal Revenue Code are intended to include a successor provision of the same general effect.
(3) “Nongrantor trust” means a trust that is not a grantor trust.
(4) “Qualified benefits property” means property subject to the minimum distribution requirements of section 401(a)(9) of the Internal Revenue Code, and any applicable regulations, or to any similar requirements that refer thereto.
(b) An exercise of the decanting power is subject to the following limitations:
(1) If a first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.
(2) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified.
(3) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for the exclusion from the gift tax described in section 2503(b) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under such section. If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for the exclusion from the gift tax described in section 2503(b) of the Internal Revenue Code by application of section 2503(c) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under section 2503(c) of the Internal Revenue Code.
(4) If the property of the first trust includes shares of stock in an S corporation, as defined in section 1361 of the Internal Revenue Code and the first trust is, or but for provisions of this article other than this section would be, a permitted shareholder under any provision of section 1361 of the Internal Revenue Code, an authorized fiduciary may exercise the power with respect to part or all of the S corporation stock only if any second trust receiving the stock is a permitted shareholder under section 1361(c)(2) of the Internal Revenue Code. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this article other than this section would be, a qualified subchapter S trust within the meaning of section 1361(d) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that prevents the second trust from qualifying as a qualified subchapter S trust.
(5) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under section 2642(c) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under such section.
(6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under section 401(a)(9) of the Internal Revenue Code and any applicable regulations, or any similar requirements that refer thereto. If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and section 922 applies to the separate share.
(7) If the first trust qualifies as a grantor trust because of the application of section 672(f)(2)(A) of the Internal Revenue Code, the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under such section.
(8) In this subsection, “tax benefit” means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to subsection (9), a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if:
(A) the first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and
(B) the transfer of property held by the first trust or the first trust qualified, or but for provisions of this article other than this section, would have qualified for the tax benefit.
(9) Subject to subsection (4):
(A) except as otherwise provided in subsection (7), the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and
(B) the second trust may be a grantor trust, even if the first trust is a nongrantor trust.
Section 920. Duration of second trust
(a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust.
(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust.
Section 921. Need to distribute not required
An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
Section 922. Saving provision
(a) If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article.
(2) A provision required by this article to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this article.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties.
Section 923. Trust for care of an animal
(a) In this section:
(1) “Animal trust” means a trust or an interest in a trust described in section 408.
(2) “Protector” means the person who may enforce the intended use of the principal or income of an animal trust under subsection (f) of section 408.
(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this article if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
(c) Notwithstanding any other provision of this article, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal.
Section 924. Terms of second trust
A reference in this chapter to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
Section 925. Settlor
(a) For purposes of law of the commonwealth other than this article and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
Section 926. Later-discovered and later-acquired property
(a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
Section 927. Obligations
A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
SECTION 4. This act shall take effect on January 1, 2024.
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An Act relative to the reliability of testifying informants “testifying informant legislation”
| H1649 | HD2638 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:13:36.813'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:13:36.8133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-03T11:52:23.0233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1649/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1649) of Jay D. Livingstone relative to the reliability of testifying informants. The Judiciary. | SECTION 1. Chapter 233 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after Section 21B the following: -
Section. 21C: Reliability of Testifying Informants
(a) Definitions.
(1) For purposes of this Chapter, “testifying informant” means someone who is purporting to testify about admissions made to them by the accused and who has requested or received or may in the future receive a benefit in connection with such testimony.
(2) This Chapter applies to any criminal proceeding in which the Commonwealth attempts to introduce evidence of incriminating statements made by the accused to, or overheard by, a testifying informant.
(3) For the purposes of this Chapter, “benefit” means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration that has been requested by the testifying informant or that has been offered or may be offered in the future to the testifying informant in connection with his or her testimony in the criminal proceeding in which the prosecutor intends to call him or her as a witness.
(b) Mandatory Documentation and Discovery of Evidence Bearing on Testifying Informant Reliability.
(1) In all cases in which a statement from a testifying informant is sought out, given, or otherwise procured at any stage, each district attorney’s office and the Attorney General’s Office shall create and maintain a centralized record documenting: (1) the complete criminal history of any testifying informant, including any alleged criminal conduct that has not yet resulted in criminal charges; (2) any deals, promises, inducements, or benefits that the Commonwealth has made or will make in the future to the testifying informant or their agent(s); and (3) any and all communications with the testifying informant including but not limited to requested or possible deals, promises, inducements or benefits. The record shall be collected from each district attorney’s office and the Attorney General’s Office by the Executive Office of Public Safety and Security and shall be made available to prosecutors statewide. Such records shall not be subject to the public records act.
(2) In accordance with the pre-trial discovery provisions of the Massachusetts Rules of Criminal Procedure, the Commonwealth shall timely disclose: (1) any alleged criminal conduct by the testifying informant that has not yet resulted in criminal charges; (2) any and all communications between the Commonwealth and the testifying informant or agent of the testifying informant regarding any deal, promise, inducement, or benefit that the offering party has made or will make in the future to the testifying informant, including but not limited any requests made by the testifying informant for a deal, promise, inducement, or benefit; (3) the time and place of any and all incriminating statements purportedly made by the accused to the testifying informant, the time and place of their disclosure by the testifying informant to law enforcement officials, and the names of all persons present when the accused’s statements were made; (4) whether at any time the testifying informant gave inconsistent statements regarding the purported incriminating statements by the accused, and if so, the time and place of the inconsistent statements, the nature of the inconsistencies, and the names of the persons who were present for the inconsistent statement; (5) all other cases or investigations in which the testifying informant testified, provided information, or otherwise assisted with a police investigation or prosecution, including cases or investigations in other Massachusetts counties, and whether in those other cases or investigations the testifying informant received any promise, inducement, or benefit in exchange for or subsequent to that testimony or assistance; (6) any other information relevant to the testifying informant’s credibility.
(3) In accordance with the Massachusetts Rules of Criminal Procedure, the judge may at any time order that the discovery or inspection described herein be denied, restricted, or deferred, or make such other order as is appropriate. The judge may, for cause shown grant discovery to a defendant on the condition that the material to be discovered be available only to counsel for the defendant. This provision does not alter the allocation of the burden of proof with regard to the matter at issue, including privilege.
(c) Reliability hearing.
(1) In accordance with the pre-trial discovery provisions of the Massachusetts Rules of Criminal Procedure, the Commonwealth shall timely disclose its intent to introduce the testimony of a testifying informant.
(2) Where such notice is given, the trial court shall conduct a hearing to determine whether the testimony of the informant is reliable, unless the defendant waives such a hearing.
(3) At the hearing, the Commonwealth shall bear the burden of establishing by a preponderance of the evidence that the proposed informant’s testimony reliable. The court shall consider the factors enumerated in subsection 2(b), as well as any other factors relating to reliability.
(4) If the Commonwealth fails to satisfy its burden of establishing the reliability of the proposed informant testimony by a preponderance of the evidence, the court shall not allow the testimony to be heard at trial.
(5) If a testifying informant receives leniency related to a pending charge, conviction, or a sentence for a crime against a victim in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify such victim.
| null | [] | [] | [] | [] |
An Act enhancing child welfare protections | H165 | HD3469 | 193 | {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:57:59.707'} | [{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T12:57:59.7066667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-24T15:27:18.7466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-25T10:09:00.18'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T10:09:00.18'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T09:37:35.77'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T14:31:14.7666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:22:26.9766667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-09T14:55:44.76'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-21T08:54:40.5333333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-23T14:48:13.2333333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-23T14:48:13.2333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-08T12:35:37.91'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H165/DocumentHistoryActions | Bill | By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 165) of Michael J. Finn and others relative to the appointment of an education manager to support educational stability and success for elementary and secondary school students under the care of the Department of Children and Families. Children, Families and Persons with Disabilities. | SECTION 1. Clause (22) of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby repealed.
SECTION 2. Section 6A of chapter 18B of the General Laws, as appearing, in the 2020 Official Edition, is hereby amended by striking out the fifth paragraph.
SECTION 3. Section 7 of said chapter 18B, as so appearing, is hereby amended by striking out subsection (e).
SECTION 4. Chapter 18B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 9 the following 2 sections:-
Section 9A. The commissioner shall appoint an education manager to support the department’s goal of educational stability and success for all elementary and secondary school students under the care and custody of the department.
The education manager’s duties shall include, but shall not be limited to: (i) developing, implementing and overseeing the department’s policies on education for children under the care and custody of the department, including policy development and practice guidance; (ii) monitoring state and federal laws, programs and resources that may impact the education of children under the care and custody of the department; (iii) advising the commissioner and all education coordinators on all matters relating to education, strategic education initiatives, policy, and practice management matters; (iv) coordinating efforts with area office based education coordinators to identify systemic barriers to accessing educational services for children under the care and custody of the department; (v) coordinating with department area and regional offices on education related issues; and (vi) facilitating best practice training for area office-based education coordinators.
The education manager shall perform such duties as are described in this chapter and such other duties as may be assigned by the commissioner.
Section 9B. The commissioner, with the advice of the education manager and the area director, shall appoint at least 1 full-time education coordinator at each area office. Said education coordinator shall be an employee of the area office and devote full time to the duties of the office.
Each education coordinator’s duties shall include, but shall not be limited to: (i) implementing and overseeing the area office’s work on education for children receiving services from the department, consistent with the policies created by the department’s education manager; (ii) monitoring student academic progress of children under the care and custody of the area office not less than once per academic quarter; (iii) providing support and assistance to department caseworkers regarding educational needs of children; (iv) providing detailed training to department caseworkers on the best practices to monitor a child’s education experiences, recognizing any unavailability of resources preventing a child from participating in school courses, and developing individual education plans or 504 plan; (v) ensuring the timeliness and accuracy of the transfer of education records detailing a child’s educational background and needs; and (vi) maintaining contact with appropriate local school districts and education organizations to facilitate enrollment and placement of children into school districts served by the area office.
SECTION 5. Section 20 of said chapter 18B, as so appearing, is hereby amended by striking out the second sentence.
SECTION 6. Section 23 of said chapter 18B, inserted by section 45 of chapter 176 of the acts of 2008, is hereby repealed.
SECTION 7. Section 23 of said chapter 18B, inserted by section 8 of chapter 321 of the acts of 2008, is hereby amended by striking out the sixth sentence.
SECTION 8. Sections 24 and 25 of said chapter 18B are hereby repealed.
SECTION 9. Said chapter 18B is hereby further amended by adding the following 3 sections:-
Section 26. (a) For the purposes of this section, the term “legislatively mandated report” shall mean a report required by law of the department of children and families.
(b)(1) Annually, not later than October 31, the department shall issue a report that provides an overview of the department’s performance during the previous fiscal year. The commissioner or a designee shall file the report with the governor, the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The commissioner shall provide the recipients of the report with an opportunity to discuss its contents with the commissioner or the designee. The report shall be made publicly available on the department’s website in accordance with section 19 of chapter 66.
(2) The report shall include, but not be limited to, narratives, information, data and analysis on: (i) counts, including but not limited to: (A) case counts; (B) consumer counts; (C) consumer demographic information, including age, race, ethnicity, primary language, gender identity, sexual orientation and disability; (D) the number of consumers who have slept in the department’s area offices overnight by region including the average length of stay, the consumers’ ages, previous placement type and challenges for finding placement; (E) intersectional data; (F) rates of racial disproportionality and disparity at various decision points throughout the life of a case and the department’s efforts including the use of culturally competent staffing, resources and practices, to reduce overrepresentation of children and youth of minority populations in the child welfare system; (G) the number of requests for reasonable accommodations; (H) the number of disability related complaints filed against the department; (I) reports filed pursuant to section 51A of chapter 119; (J) placement metrics; (K) infants brought into the department’s care pursuant to section 39½ of chapter 119; (L) siblings in placement; (ii) processes and outcomes including, but not limited to: (A) safety outcomes; (B) the number of fatalities including the manner of death and fatalities by family history with the department; (C) permanency processes and outcomes; (D) well-being outcomes, including the rates and timeliness of the delivery of medical and behavioral health services; (E) educational well-being outcomes, including but not limited to: (1) school placement information; (2) the number of Individualized Education Plans; (3) attendance rates; (4) high school graduation rates and (5) school disciplinary actions; and (iii) operations, including but not limited to: (A) staffing trends; (B) caseloads; (C) the department’s budget, including funding levels; (D) service costs; (E) medical services and advancements in providing medical services to children and young adults in the department’s care; (F) amounts expended for foster care, adoptive and guardianship families to provide assistance, including financial assistance, to provide for the care of children; (G) the foster care review system and any recommendations for its improvement; (H) services and accommodations available to caregivers and children who are individuals with disabilities; (I) the department’s ombudsman including, but not limited to, a summary of the complaints filed by type, and complaints by area office that is primarily involved with the complaint and involved in the case; and (J) any new or ongoing initiatives to improve practices, procedures and policy of the department. The report shall also include comparative departmental information from prior fiscal years
(c)(1) Quarterly, not more than 45 days after the end of each fiscal quarter, the department shall issue a quarterly profile on its website in accordance with section 19 of chapter 66 that shall include, but not be limited to, departmental, regional office and area office data on: (i) consumer counts; (ii) the number of reports filed pursuant to section 51A of chapter 119, including counts of reports received, screened-in and screened-out in the quarter; (iii) department case counts, including counts of clinical and adoption cases in the quarter; (iv) consumer demographic information, including age, race, ethnicity, primary language, gender identity and sexual orientation and disability; (v) counts of children and youth in placement by type of placement; (vi) counts of children and youth not in placement; and (vi) the number of consumers who have slept in the department’s area offices overnight by region including the average length of stay, the consumers’ ages, previous placement type and challenge for finding placement.
(2) The commissioner or designee shall notify the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities when data from a profile issued pursuant to paragraph (1) significantly departs from trends reported in previous profiles.
(d) The commissioner or designee shall notify the joint committee on children, families and persons with disabilities when draft regulations are made available by the department for public comment. Not more than 30 days after the promulgation of regulations or the effective date of adopted or revised departmental policies relative to services provided to children and families, the department shall provide copies of the regulations or departmental policies to the joint committee on children, families and persons with disabilities.
(e) If the department is unable to submit the report under subsection (b), issue the profile under subsection (c) or any other legislatively mandated reports by the respective deadlines, the commissioner or the commissioner’s legal counsel shall notify the governor, the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities in writing and provide an explanation for the delay.
(f) The department, in consultation with the general court, other governmental and nongovernmental partners, shall establish a 5-year plan that shall include numerical targets for the department’s performance in each year and in each of its regions in the areas of safety, permanence and well-being. The plan shall include a description of how the department will measure its progress toward meeting the numerical targets and may include different targets for different regions. The department shall update the plan annually.
Annually, the department shall measure its performance in meeting the targets established in the 5-year plan for the commonwealth as a whole and for each of its regions consistent with the methodology described in the plan. The department shall publish and maintain on its website the current plan, the targets for previous years and the department’s performance in meeting those targets.
If in a fiscal year the department is unable to develop or update the 5-year plan or measure its performance, the department shall notify the clerks of the house or representatives and senate, the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the child advocate.
Section 27. Annually, not later than October 31, the department shall submit a special report on services provided to young adults over the age of 18 to the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The report shall summarize the process by which a young adult may continue to receive services from the department upon reaching the legal adult age of 18. The report shall also include consumer demographic information including age, race, ethnicity, primary language, gender identity and sexual orientation and disability, but not be limited to: (i) the number of young adults who have elected to sustain a connection with the department in the previous fiscal year; and (ii) the number of young adults who have elected not to remain with the department and have transitioned out of the child welfare system in the previous fiscal year, including young adults who had previously elected to sustain a connection with the department, if such numbers are available. The department may satisfy the reporting requirements of this section by providing the requested information in an annual report filed under section 26.
Section 28. Annually, not later than October 31, the department shall file a special report on its fair hearing processes and cases with the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The department may satisfy the reporting requirement of this section by providing the requested information in an annual report filed under section 26. The report shall be made available to the public electronically in accordance with section 19 of chapter 66. The report shall include, but not be limited to, information in a form that shall not include personally identifiable information on the fair hearing requests open at any time during the previous fiscal year and, for each hearing request, shall provide: (i) the subject matter of the appeal; (ii) the outcomes of cases resolved prior to a fair hearing decision; (iii) the number of days between the hearing request and the first day of the hearing; (iv) the number of days between the close of the evidence and the hearing officer’s decision; (v) the number of days of continuance granted at the appellant’s request; (vi) the number of days of continuance granted at the request of the department or the hearing officer, specifying which party made the request; and (vii) whether the department’s decision that was the subject of the appeal was affirmed or reversed.
The department shall maintain and make available to the public during regular business hours, a record of its fair hearings in a form that shall not include personally identifiable information and that shall include, for each hearing request: (i) the date of the request; (ii) the date of the hearing decision; (iii) the decision rendered by the hearing officer; and (iv) the final decision rendered upon the commissioner’s review. For fair hearing requests that are pending for more than 180 days at any time during the fiscal year, except for those requests which have been stayed at the request of the district attorney, the report shall provide the number of such cases, how many of those cases have been heard but not decided and how many have been decided by the hearing officer but not yet issued a final agency decision.
If there are more than 225 fair hearing requests open for more than 180 days at the close of any month during the first 6 months of a fiscal year, then an additional report of such requests shall be provided not later than April 30. The department shall make redacted copies of fair hearing decisions available not later than 30 days after a written request.
SECTION 10. Section 1 of chapter 18C of the General Laws, as so appearing, is hereby amended by striking out the definition of “Advisory council”.
SECTION 11. Section 2 of said chapter 18C, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “shall be independent of any supervision or control by any executive agency” and inserting in place thereof the following words:- shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.
SECTION 12. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 17, the second time it appears, the word “and”.
SECTION 13. Said section 2 of said chapter 18C is hereby further amended by striking out, in line 20, the word “services.” and inserting in place thereof the following words:- services; and.
SECTION 14. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by adding the following subsection:-
(f) examine disproportionality related to topics including, but not limited to, race, ethnicity, disability status, transgender status, sexual orientation or gender identity within child welfare systems, services and agencies.
SECTION 15. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
The office shall create and maintain a website that makes available mandated reporter trainings, guidance, statutory reference and best practices materials in 1 online location to all mandated reporters in the commonwealth. The office shall consult with, or partner with, any public or private entity that the child advocate deems relevant to create and maintain this website. The office shall be responsible for ensuring that information on the website remains current.
The office shall create and make available to the public, on the website created in this section, evidence-based mandated reporter training for all mandated reporters in the commonwealth. The training shall include, but is not limited to, training in child abuse and neglect reporting, implicit bias training, technical instruction on how to file a 51A report and details on the department’s process regarding the filing and treatment of 51A reports. Training shall also include over-reporting prevention, including, but not limited to, how to address concerns with families and children when those concerns do not rise to the level of requiring a maltreatment report and how to understand the difference between poverty and neglect.
The office may, as appropriate, expand, update or amend mandated reporter training as appropriate. The office may create additional evidence-based mandated reporter trainings for specific groups of individuals such as educators, childcare workers, social workers and foster parents. The office of the child advocate may consult, or partner with, any public or private entity that the child advocate deems relevant to create, update, expand, implement or amend any mandated reporter trainings the office creates.
SECTION 16. Said chapter 18C is hereby further amended by inserting after section 2 the following section:-
Section 2A. In addition to the powers set forth in section 2, the child advocate, or the child advocate’s designee, may intervene in proceedings before the juvenile court described in section 24 of chapter 119 in which matters related to this chapter are in issue.
SECTION 17. Section 3 of said chapter 18C, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “health”, in line 10, the following words:- ; the speaker of the house of representatives, or designee; the senate president, or designee; the house minority leader, or designee; the senate minority leader, or designee.
SECTION 18. The fourth paragraph of said section 3 of said chapter 18C, as so appearing, is hereby further amended by adding the following sentence:- The child advocate’s annual salary shall be 80 per cent of the salary of the chief justice of the supreme judicial court.
SECTION 19. Said chapter 18C is hereby further amended by striking out section 4 and inserting in place thereof the following section:-
Section 4. The child advocate shall meet with the governor, the speaker of the house of representatives, the senate president, the attorney general, the state auditor and the chief justice of the juvenile court at least annually and shall present the annual goals of the office and its plans for monitoring the work, including the continuous quality improvement, of the child service agencies and the identification of any critical gaps and issues relating to interagency collaboration.
SECTION 20. Section 5 of said chapter 18C, as so appearing, is hereby amended by adding the following subsection:-
(i) The child advocate shall notify the governor, the attorney general, the auditor, the speaker of the house of representatives and the senate president when investigating a critical incident pursuant to this section that results in the death of a child due to a reasonable belief that an executive agency or constituent agency failed in its duty to protect a child. In order to ensure the integrity and independence of the office, the governor, the attorney general, the auditor, the speaker of the house of representatives and the senate president shall receive the results of such an investigation before any executive office, agency or program that is the subject of said investigation.
SECTION 21. Section 6 of said chapter 18C, as so appearing, is hereby amended by adding the following sentence:- The child advocate may also request from the clerks of the juvenile court or probate and family court information related to active court cases to which the department is a party, including case numbers and hearing dates.
SECTION 22. The first paragraph of section 7 of said chapter 18C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The child advocate may also request non-privileged information related to court cases, including case numbers and hearing dates.
SECTION 23. Section 11 of said chapter 18C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “, in consultation with the advisory council,”.
SECTION 24. Section 12 of said chapter 18C, as so appearing, is hereby amended by inserting, in line 36, after the word “personnel,” the following words:- the speaker of the house of representatives, the senate president.
SECTION 25. Said chapter 18C, as so appearing, is hereby further amended by inserting after section 14 the following 2 sections:-
Section 15. The office shall, annually, oversee the review of child welfare data reporting and make recommendations for improvements to the report and profile required under subsections (b) and (c) of section 26 of chapter 18B and any other legislatively mandated reports, or the data measures, progress measures, and outcome measures pursuant to section 128 of chapter 47 of the acts of 2017. Following the release of the department’s annual report, the office shall seek input from the public, advocates and diverse stakeholders from across the commonwealth. The office shall consult with other individuals with relevant expertise, including academics, researchers and service providers. Annually, not later than January 2, the office shall file a report on its recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, with 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.
Section 16. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Child”, a person under the age of 18.
“Fatality”, a death of a child.
“Local team”, a local child fatality review team established in subsection (c).
“Near fatality”, an act that, as certified by a physician, places a child in serious or critical condition.
“State team”, the state child fatality review team established in subsection (b).
“Team”, the state or a local team.
“Office”, the office of the child advocate.
(b) There shall be a state child fatality review team within the office. Notwithstanding section 172 of chapter 6, members of the state team shall be subject to criminal offender record checks to be conducted by the colonel of state police on behalf of the child advocate. All members shall serve without compensation for their duties associated with membership on the state team.
The state team shall consist of not less than: (i) the child advocate, or designee, who shall serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the commissioner of children and families, or designee; (vi) the commissioner of elementary and secondary education, or designee; (vii) a representative selected by the Massachusetts District Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the commissioner of early education and care, or designee; (xiv) a representative selected by the Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or by majority vote of the members of the state team, with expertise or information relevant to an individual case. The purpose of the state team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence of child fatalities and near fatalities; and (2) advising the governor, the general court and the public by recommending changes in law, policy and practice to prevent child fatalities and near fatalities. The state team may consult with the chief justice of the juvenile court department of the trial court of the commonwealth on issues with a direct bearing upon the business of the Massachusetts courts.
To achieve its purpose, the state team shall: (i) develop model investigative and data collection protocols for local teams; (ii) provide information to local teams and law enforcement agencies for the purpose of protecting children; (iii) provide training and written materials to local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v) study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi) analyze community, public and private agency involvement with the children and their families prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of data regarding fatalities and near fatalities and provide training to local teams on the protocol; (viii) develop and implement rules and procedures necessary for its own operation; and (ix) provide the governor, the general court and the public with annual written reports, subject to confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and recommendations.
(c) There shall be a local child fatality review team in each district established under section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team shall be subject to criminal offender record checks to be conducted by the district attorney. All members shall serve without compensation for their duties associated with membership on a local team.
Each local team shall include, but not be limited to: (i) the district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a local police officer from a municipality where a child fatality or near fatality occurred, appointed by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from the department of public health (ix) at least one representative from the office of the child advocate; and (x) any other person with expertise or information relevant to an individual case who may attend meetings, on an ad hoc basis, by agreement of the permanent members of each local team; provided that such person may include, but shall not be limited to, a local or state law enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee of the commissioners of developmental services, mental health, youth services, education and early education and care.
The purpose of each local team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and near fatalities; (ii) promoting cooperation and coordination between agencies responding to fatalities and near fatalities and in providing services to family members; (iii) developing an understanding of the causes and incidence of child fatalities and near fatalities in the county; and (iv) advising the state team on changes in law, policy or practice that may affect child fatalities and near fatalities.
To achieve its purpose, each local team shall: (i) review, establish and implement model protocols from the state team; (ii) review, subject to the approval of the local district attorney, all individual fatalities and near fatalities in accordance with the established protocols; (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and near fatality cases and recommend methods of improving coordination of services between member agencies; (iv) collect, maintain and provide confidential data as required by the state team; and (v) provide law enforcement or other agencies with information to protect children.
At the request of the local district attorney, the local team shall be immediately provided with: (i) information and records relevant to the cause of the fatality or near fatality maintained by providers of medical or other care, treatment or services, including dental and mental health care; (ii) information and records relevant to the cause of the fatality or near fatality maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, parole and probation information records and law enforcement data post-disposition, except that certain law enforcement records may be exempted by the local district attorney; (iii) information and records of any provider of social services, including the department of children and families, relevant to the child or the child's family, that the local team deems relevant to the review; and (iv) demographic information relevant to the child and the child's immediate family, including, but not limited to, address, age, race, gender and economic status. The district attorney may enforce this paragraph by seeking an order of the superior court.
(d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter 123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to confidential communications shall not prohibit the disclosure of this information to the chair of the state team or a local team. Any information considered to be confidential pursuant to the aforementioned statutes may be submitted for a team’s review upon the determination of that team’s chair that the review of this information is necessary. The chair shall ensure that no information submitted for a team’s review is disseminated to parties outside the team. No member of a team shall violate the confidentiality provisions set forth in the aforementioned statutes.
Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting shall not disclose any information relating to the team’s business.
Team meetings shall be closed to the public. Information and records acquired by the state team or by a local team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties and purposes.
Statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public.
(e) Members of a team, persons attending a team meeting and persons who present information to a team shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting.
(f) Information, documents and records of the state team or of a local team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of a team or are maintained by a team.
(g) Nothing in this section shall limit the powers and duties of the child advocate or district attorneys.
SECTION 26. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby repealed.
SECTION 27. Section 3 of said chapter 38, as so appearing, is hereby amended by adding the following paragraph:-
The office shall immediately send any notification or report of a death under the circumstances enumerated in clause (15) to the state child fatality review team established by section 15 of chapter 18C, including, but not limited to, the known facts concerning the time, place, manner, circumstances and cause of such death. The chief medical examiner shall provide any additional information related to such notification or report to the state child fatality review team upon request.
SECTION 28. Subsection (f) of section 23 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the sixth sentence.
SECTION 29. Subsection (h) of said section 23 of said chapter 119, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 30. Chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after section 23C the following section:-
Section 23D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Child” means any child, youth or young adult in the care or custody of the department.
“Child-specific family” means a non-kinship individual who is significant in a particular child’s life (e.g., school teacher comes forward; child recommends friend's parent).
(b) The department must present a copy of the following rights to each child in its care when the child enters care, during foster care review meetings, during permanency planning meetings in which the child is participating and at any other times the department deems appropriate. The child’s social worker must also explain these rights to the child in an age-appropriate way when the child enters care. The department must present the document to the child’s attorney and display the document prominently on its website and in all area offices. The department shall ensure the document is translated into the language spoken by the child.
(c) The bill of rights for children in foster care shall include, but not be limited to, the following:
(1) Safety and Security:
(i) Each child shall be treated with respect and shall not be harassed or discriminated against by department staff, foster parents or service providers on the basis of race, national origin, culture, language, ethnicity, sexual orientation, gender, gender identity, gender expression, religion or disability.
(ii) Each child has the right to a placement that is free from physical, sexual, emotional or other abuse, neglect or exploitation.
(iii) Each child shall have access to healthy food, clothing, personal care products and items that preserve and promote the child's family's culture or religion and the child’s specific hair and body needs.
(iv) Each child shall be placed in a safe and nurturing environment and receive appropriate care and treatment in the least restrictive setting available that can meet the child’s needs. No child shall be placed, housed or detained in a secure department of youth services (DYS) placement based on the department’s inability to provide an available and appropriate foster placement, nor shall the department advocate for bail of any amount for children in its care or custody.
(v) Each child has the right to age-appropriate information about a foster family or program prior to being placed and, whenever possible, shall have an opportunity to meet the foster parent or program staff before placement occurs. If the foster placement is only able to accommodate the child for a limited time, the child shall be notified of the anticipated duration of the child’s stay with that foster placement. The child shall be informed of a placement change, and the reason(s) therefore, at least 5 days in advance of any change. When a change is made in an emergency circumstance, the child shall be given as much notice as possible. The child’s belongings shall be packed with care and the child shall be allowed to bring their essential belongings and comfort items with them.
(vi) Each child has the right to safe access to personal possessions, personal space and privacy.
(2) Connections to Family, Community and Identity:
(i) Each child has the right to know, understand, learn and develop the child’s racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to clothing, hair, and other cultural expressions of identity, and to a placement that will provide or maintain the connections necessary to preserve and promote the child’s identities.
(ii) Each child has the right to be placed according to the child’s gender identity and referred to by the child’s identified name and gender pronoun. A child’s sexual orientation and gender identity and expression shall remain private unless the child permits the information to be disclosed, the disclosure is required to protect the child’s health and safety or disclosure is compelled by law or a court order.
(iii) Each child has the right for the department to prioritize the child’s parents, relatives and child-specific family first as potential placement providers. The child’s parents and relatives shall be considered first.
(iv) Each child has the right for the department to first consider placements with the child’s siblings or half-siblings also removed from the home unless the joint placement is contrary to the safety, well-being, or path to permanency for any of the siblings. Whenever possible, the department shall work to address barriers to placing siblings together. The department shall ensure the child be placed in close proximity to siblings if unable to be placed in the same setting and shall facilitate frequent and meaningful contact regardless of geographic barriers.
(v) Each child shall have the right to family time of a duration and frequency that is consistent with the developmental needs of the child. Family time shall take place in-person and outside of a department office whenever possible. Each child shall also have the right to other forms of parental contact, including but not limited to phone calls, videoconferences, email and texts. Congregate care programs should work to facilitate access to virtual forms of contact. Whenever possible, family time shall take place outside of school hours.
(vi) Each child has the right to maintain positive contact with other family members and significant positive relationships in the child’s life, including but not limited to teachers, friends and community supports.
(vii) Each child has the right to be treated as a family member in a foster family and, whenever possible, be included in a foster family’s activities, holidays and rituals.
(viii) Each child has the right to preserve and maintain all languages the child entered care speaking and to a placement that provides or facilitates appropriate language access.
(3) Health Care and Accessibility:
(i) Each child has the right to access appropriate medical, reproductive, dental, vision, mental and behavioral health services regularly and more often as needed.
(ii) Each child has the right to discuss any questions or concerns the child has relating to medication with a social worker or healthcare provider and to understand each of the medications the child takes, its purposes and side effects in a developmentally-appropriate way.
(iii) Each child has the right to out-of-home placements that are accessible for any disabilities the child may have and reasonable accommodations as necessary. These accommodations will be provided in a timely manner and in such a way as to protect the privacy of the child with a disability. Each child also has a right to discuss any disabilities with a social worker and request adaptive equipment, auxiliary aids or services.
(iv) Each child has the right to access gender-affirming care.
(4) Education, Employment and Social Connections:
(i) Each child has the right to school, educational stability, educational supports and to an education that fits the child’s needs.
(ii) Each child has the right to stay in the child’s school of origin unless doing so would not be in the child’s best interest.
(iii) Each child has the right to participate in age-appropriate school, extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have any placement provider use the reasonable and prudent parenting standard when making decisions regarding participation in such activities.
(iv) Each child has the right to achieve developmentally-appropriate, age-related milestones, including but not limited to obtaining a driver’s license, opening bank accounts, birthday celebrations or graduations. The department shall cover any costs associated with these milestones.
(v) Each child will be informed of the educational, vocational and employment supports available to children through the department, including but not limited to any tuition and fee waivers for post-secondary education.
(vi) Each child shall be informed of all available services, including but not limited to assistance in acquiring life skills, educational assistance, financial support, housing support, assistance with credit reports and resolving inaccuracies, training and career guidance to accomplish personal goals and prepare for the future, post-secondary education and employment supports available to children in care and adaptive equipment or auxiliary aids and supports.
(vii) Each child shall have age-appropriate education through the department on financial preparedness, job readiness, appropriate use of social media, education options, healthy relationships and sexual and reproductive health.
(5) Resources and Supports:
(i) The department shall provide reasonable efforts towards reunification to the child and the child’s family of origin, pursuant to state and federal law.
(ii) Each child has the right to reasonable access to a caseworker who makes case plan decisions. Reasonable access shall include the social worker and supervisor’s office telephone numbers and email addresses as well as, at a minimum, monthly visits by the social worker. The department shall also provide the child an emergency contact number available 24 hours a day, 7 days a week. Such access must include the opportunity to have private conversations regarding any questions, grievances, or concerns.
(iii) Each child shall have the right to participate in the development and review of the service and visitation plans and shall be consulted as the department formulates or updates said plans. Children age 14 and older shall also be presented with the action or service plan for their review and signature.
(iv) Each child has the right to be informed in a developmentally-appropriate way of the reason(s) the department became involved with the child’s family, why the child came into care and why the child is still in care. Upon turning 18, children will have the right to access their case files, barring any confidential or legally privileged information.
(v) Each child age 14 or older has the right to be included in the foster care review meeting, permanency hearing and lead agency team meeting, unless documented by court order that participation would be detrimental to the child. If the child is unable to attend in person or by phone or video, the child shall have the right to submit a written statement to be considered at the meeting.
(vi) Each child shall be notified by the department about court dates and the department shall ensure the child understands the child’s right to attend court hearings and speak to the judge regarding any decision that may have an impact on the child’s life.
(vii) Each child has the right to access information contained in medical, dental and educational records held by the department as well as personal documents, including but not limited to social security card, birth certificate, health insurance information, state identification, driver’s license or green card in a developmentally-appropriate way. When a child leaves the care of the department, they shall be given copies of medical, dental and educational records held by the department and original copies of all personal documents. The department shall begin planning to return the documents to the child at least 30 days before the child leaves care to be able to give the documents to the child on the day of the child’s departure. When a child ages out of care, the department must assist the child in obtaining a state identification card if the child does not have one.
(viii) Each child has the right to an attorney upon entering care and to meaningful contact with said attorney. Each child shall be informed by the department of the names and phone numbers of assigned attorneys and be informed by a social worker that the child can contact the attorneys and that there is a process to request a change of attorneys.
(ix) Each child shall be informed by the department of the clothing, birthday and holiday payments to foster parents and placement providers for children in placement and that the child has the right to have those payments used to meet the child’s needs.
(6) Transition Age Youth
(i) Every child who turns 18 while in custody of the department is automatically signed out of care of the department but has the right to sign back into department care prior to turning 23, pursuant to federal requirements. Every child shall be made aware of this right throughout the transition planning process as well as any federal requirements governing services for transition age youth.
(ii) At the age of 14, the department shall begin working with the child to plan their transition from foster care to adulthood. The transition plan should cover all areas needed for a youth to be stable and successful as an adult, including housing, employment, education, and physical and behavioral health.
(iii) Every child above age 18 who has chosen to remain in the custody of the department has the right to leave and re-enter custody at any time for any reason.
(iv) During the transition planning process, the department shall inform the child of all resources and supports available to the child, including housing, educational and vocational supports.
(7) Remedies
(i) Each child shall have the right to file complaints with the department’s ombudsperson and/or the office of the child advocate and shall be free from retaliation or punishment for asserting this right. The department must provide the child with contact information for the ombudsperson and the office of the child advocate.
(ii) Each child shall have the right to have these rights enforced and to report complaints and violations of these rights. If the child, the child’s attorney or the child’s foster parent or placement provider believes any of the above rights have been violated, the child shall have the right to discuss the alleged violation with a social worker, file a complaint with the office of the child advocate or the department’s ombudsperson and/or petition the court for a determination. The department shall not retaliate against or punish a child, an attorney or a foster parent for asserting this right. If the social worker, the office of the child advocate or the court determines the child's rights have been violated, the department shall resolve the violation as soon as practicable.
SECTION 31. Subsection (c) of section 26 of said chapter 119, as so appearing, is hereby amended by inserting after the word “custody”, in line 90, the following words:- , the child advocate.
SECTION 32. Section 27 of said chapter 119, as so appearing, is hereby amended by inserting after the word “child”, in line 2, the following words:- , the child advocate.
SECTION 33. Subsection (e) of section 29B of said chapter 119, as so appearing, is hereby amended by inserting after the word “adult”, in line 84, the following words:- , the child advocate.
SECTION 34. Section 39½ of said chapter 119, as so appearing, is hereby amended by striking out the eighth paragraph.
SECTION 35. Section 51D of said chapter 119, as so appearing, is hereby amended by striking out the eighth paragraph.
SECTION 36. Section 51E of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the figure “51D” and inserting place thereof the following figure:- 51C.
SECTION 37. Section 5E of chapter 210 of the General Laws, as appearing in the 2020 Official Edition is hereby repealed.
SECTION 38. Item 4800-0015 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the words “provided further, that on December 1, 2022, and March 1, 2023, the department shall report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on: (i) the fair hearing requests filed in fiscal year 2023, using nonidentifying information which shall state, for each hearing request: (a) the subject matter of the appeal; (b) the number of days between the hearing request and the first day of the hearing; (c) the number of days between the first day of the hearing and the hearing officer’s decision; (d) the number of days between the hearing officer’s decision and the agency’s final decision; (e) the number of days of continuance granted at the appellant’s request; (f) the number of days of continuance granted at the request of the department of children and families or the hearing officer’s request, specifying which party made the request; and (g) whether the department’s decision that was the subject of the appeal was affirmed or reversed; and (ii) the fair hearing requests filed before fiscal year 2023, which have been pending for more than 180 days, stating the number of those cases, how many of those cases have been heard but not decided and how many have been decided by the hearing officer but not yet issued as a final agency decision; provided further, that the department shall maintain and make available to the public, during regular business hours, a record of its fair hearings, with identifying information removed, including for each hearing request: the date of the request, the date of the hearing decision, the decision rendered by the hearing officer and the final decision rendered upon the commissioner’s review; provided further, that the department shall make redacted copies of fair hearing decisions available within 30 days of a written request; provided further, that the department shall not make available any information in violation of federal privacy regulations; provided further, that not later than March 1, 2023, the department shall submit a report to the house and senate committees on ways and means and joint committee on children, families and persons with disabilities that shall include, but not be limited to, the: (1) number of medical and psychiatric personnel and their level of training currently employed by or under contract with the department; (2) number of foster care reviews conducted by the department and the average length of time in which each review is completed; (3) the number of social workers and supervisors who have earned a bachelor’s or master’s degree in social work; (4) the total number of social workers and the total number of social workers holding licensure, by level; (5) number of the department’s contracts reviewed by the state auditor and the number of corrective action plans issued; and (6) number of corrective action plans entered into by the department; provided further, that on the first business day of each quarter, the department shall file a report with the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the caseload of the department; provided further, that the report shall include, but not be limited to: (A) the caseloads of residential placements, congregate care, foster care, therapeutic foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of children who die in the care and custody of the department, the number of children currently eligible for supportive child care, the number of children presently receiving supportive child care and the number of medical and psychiatric consultation requests made by the department’s social workers; (B) the number of approved foster care placements; (C) the number of children in psychiatric hospitals and community-based acute treatment programs who remain hospitalized beyond their medically-necessary stay while awaiting placement and the number of days each case remains in placement beyond that which is medically necessary; (D) the number of children under the department of children and families’ care and custody who are being served in medical or psychiatric care provided through other publicly-funded sources; (E) the number of children served by supervised visitation centers and the number of those children who are reunified with their families; (F) the total number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; (G) for each area office, the number of kinship guardianship subsidies provided in the quarters covered by the report and the number of kinship guardianship subsidies provided in that quarter for which federal reimbursement was received; (H) for each area office, the total spending on services other than case management services provided to families to keep a child with the child’s parents or reunifying the child with the child’s parents, spending by the type of service including, but not limited to, the number of children and a breakdown of spending for respite care, intensive in-home services, client financial assistance and flexible funding, community-based after-school social and recreation program services, family navigation services and parent aide services and the unduplicated number of families that receive the services; (I) for each area office, the total number of families residing in shelters paid for by the department, a list of where the families are sheltered, the total cost and average cost per family at those shelters and a description of how the department determines who qualifies or does not qualify for a shelter; (J) for each area office, the number of requests for voluntary services, broken down by type of service requested, whether the request was approved or denied, the number of families that were denied voluntary services and received a 51A report, the reasons for denying the service and what, if any, referrals were made for services by other agencies or entities; (K) the number of families receiving multiple 51A reports within a 10-month period, the number of cases reopened within 6 months of being closed and the number of children who return home and then reenter an out-of-home placement within 6 months; (L) the number of children and families served by the family resource centers by area; and (M) the number of children within the care and custody of the department whose whereabouts are unknown; provided further, that not later than January 31, 2023, the department shall submit a report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities that details any changes to said rules, regulations or guidelines established by the department in the previous fiscal year to carry out its duties under chapter 119 of the General Laws including, but not limited to: (I) criteria used to determine whether a child has been abused or neglected; (II) guidelines for removal of a child from the home; and (III) standards to determine what reasonable efforts are being made to keep a child in the home; provided further, that on a monthly basis, the department shall provide the caseload forecasting office with data on children receiving services and other pertinent data related to items 4800-0038 and 4800-0041 that is requested by the office; provided further, that the report shall also contain the number of children and families served by the family resource centers, by area, and an evaluation of the services provided and their effectiveness.”
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An Act protecting youth during custodial interrogations
| H1650 | HD2643 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:15:02.27'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:15:02.27'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-14T12:30:11.1833333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1650/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1650) of Jay D. Livingstone relative to protecting youth during custodial interrogations. The Judiciary. | Chapter 119 of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A: Juvenile Interrogations
(a) A juvenile’s statement made during custodial interrogation shall not be admissible as evidence against the juvenile in any proceeding, unless
(1) the juvenile is represented by an attorney,
(2) the attorney is present before the reading of Miranda warnings and during the entirety of any custodial interrogation that follows, and
(3) the entirety of the custodial interrogation, including the reading of Miranda warnings, is audio and video recorded.
(4) the charges pending involve only misdemeanor offenses.
(b) The presence of an attorney during custodial interrogation may not be waived by the juvenile or by any person on the juvenile’s behalf.
(c) The requirement that the custodial interrogation be audio and video recorded may not be waived by the juvenile or by any person on the juvenile’s behalf.
(d) Recordings of custodial interrogations of juveniles are automatically discoverable and shall be preserved until the criminal case is finally disposed of after appeal.
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An Act addressing racial disparity in jury selection
| H1651 | HD2653 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:17:57.537'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T15:17:57.5366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1651/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1651) of Jay D. Livingstone relative to addressing racial disparity in jury selection. The Judiciary. | Section 1. Chapter 234A of the General Laws is hereby amended by striking in clause 7 in lines 50 and 51 the following language:-“has been convicted of a felony within the past seven years or”.
Section 2. Chapter 234A of the General Laws is hereby amended by inserting after Section 67d the following section:-
Section 67e: Improper Peremptory Challenge
a) In all jury trials, a party may object to the use of a peremptory challenge to raise the issue of improper bias. The court may also raise this objection on its own. The objection shall be made by simple citation to this rule, and any further discussion shall be conducted outside the presence of the panel. The objection must be made before the potential juror is excused, unless new information is discovered.
b) Upon objection to the exercise of a peremptory challenge pursuant to this rule, the party exercising the peremptory challenge shall articulate the reasons the peremptory challenge has been exercised.
c) The court shall then evaluate the reasons given to justify the peremptory challenge in light of the totality of circumstances. If the court determines that an objective observer could view race or ethnicity as a factor in the use of the peremptory challenge, then the peremptory challenge shall be denied. The court need not find purposeful discrimination to deny the peremptory challenge. The court should explain its ruling on the record.
d) In making its determination, the circumstances the court should consider include, but are not limited to, the following:
1) the number and types of questions posed to the prospective juror, which may include consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the alleged concern or the types of questions asked about it;
2) the number and types of questions posed to the prospective juror, which may include consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the alleged concern or the types of questions asked about it;
3) whether the party exercising the peremptory challenge asked significantly more questions or different questions of the potential juror against whom the peremptory challenge was used in contrast to other jurors;
4) whether other prospective jurors provided similar answers but were not the subject of a peremptory challenge by that party;
5) whether a reason might be disproportionately associated with a race or ethnicity; and
6) whether the party has used peremptory challenges disproportionately against a given race or ethnicity, in the present case or in past cases.
e) The following reasons are presumptively invalid reasons for a peremptory challenge:
1) having prior contact with law enforcement officers;
2) expressing a distrust of law enforcement or a belief that law enforcement officers engage in racial profiling;
3) having a close relationship with people who have been stopped, arrested, or convicted of a crime;
4) living in a high-crime neighborhood;
5) having a child outside of marriage;
6) receiving state benefits; and
7) not being a native English speaker.
f) If any challenge is based on the prospective juror’s conduct (i.e. sleeping; inattentive; staring or failing to make eye contact; exhibiting a problematic attitude, body language, or demeanor; or providing unintelligent or confused answers), that conduct must be corroborated by the judge or opposing counsel or the reason shall be considered invalid.
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Resolutions requesting the Governor to remove First Justice Patricia A. Gorman from the Norfolk County Probate and Family Court | H1652 | HD2732 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T13:44:07.293'} | [{'Id': None, 'Name': 'Amy Connor ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.2933333'}, {'Id': None, 'Name': 'Anita Borbely', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.2933333'}, {'Id': None, 'Name': 'Ann-Lois Willens', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.31'}, {'Id': None, 'Name': 'Christine Whitney ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.31'}, {'Id': None, 'Name': 'Dardiny Saint-Clair', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.31'}, {'Id': None, 'Name': 'Diane Lau ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.31'}, {'Id': None, 'Name': 'Diane McCarthy Shai ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.31'}, {'Id': None, 'Name': 'Edward Lau ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3266667'}, {'Id': None, 'Name': 'Elisabeth McGrail ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3266667'}, {'Id': None, 'Name': 'Erin Stevens ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3266667'}, {'Id': None, 'Name': 'Faye Murphy ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3266667'}, {'Id': None, 'Name': 'George Grader\t', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3266667'}, {'Id': None, 'Name': 'Iris Thompson ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.34'}, {'Id': None, 'Name': 'John Healy ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.34'}, {'Id': None, 'Name': 'Joseph Shai ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.34'}, {'Id': None, 'Name': 'Kayla Knight ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.34'}, {'Id': None, 'Name': 'Kenneth Willens', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.34'}, {'Id': None, 'Name': 'Kristen Bernier ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3566667'}, {'Id': None, 'Name': 'Lani Stevens ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3566667'}, {'Id': None, 'Name': 'Leslie Vogel ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3566667'}, {'Id': None, 'Name': 'Martina Griffin ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3566667'}, {'Id': None, 'Name': 'Michele Roy ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3733333'}, {'Id': None, 'Name': 'Nadia Valentin', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3733333'}, {'Id': None, 'Name': 'Paola Rossetti ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3733333'}, {'Id': None, 'Name': 'Patricia Amaral ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3866667'}, {'Id': None, 'Name': 'Peter Lake', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3866667'}, {'Id': None, 'Name': 'Polly Benatti', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.3866667'}, {'Id': None, 'Name': 'Sydney Strachman', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.4033333'}, {'Id': None, 'Name': 'Theresa Morrison ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.42'}, {'Id': None, 'Name': 'Toby Schwartz ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.42'}, {'Id': None, 'Name': 'Wayne Stevens ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.42'}, {'Id': None, 'Name': 'William Lau ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:44:07.4333333'}, {'Id': None, 'Name': 'Yuan Jia', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T13:45:57.22'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1652/DocumentHistoryActions | Resolution | By Representative Livingstone of Boston (by request), a petition (accompanied by resolutions, House, No. 1652) of Amy Connor and others 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. | Resolved, That both houses of the legislature hereby request the governor to remove, under the provisions of Article I of chapter III of Part the Second of the Constitution, First Justice Patricia A. Gorman from the Norfolk County Probate and Family Court; and be it further
Resolved, That the clerk of the Senate be directed to transmit an engrossed copy of these resolutions to the governor forthwith
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An Act to protect private electronic communication, browsing and other activity
| H1653 | HD2773 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:13:18.08'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:13:18.08'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T10:40:38.9133333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1653/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1653) of Jay D. Livingstone and Jason M. Lewis relative to claims against certain corporations, its officers, or other persons for providing electronic records, information, facilities, or assistance in accordance with the terms of search warrants. The Judiciary. | SECTION 1. Chapter 276 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking Section 1B and inserting in its place the following new sections:-
Section 1B. (a) As used in this section, the following words shall have the following meanings:
''Adverse result'', the following situations:
(i) danger to the life or physical safety of an individual;
(ii) a flight from prosecution;
(iii) the destruction of or tampering with evidence;
(iv) the intimidation of a potential witness or witnesses; or
(vi) serious jeopardy to an investigation or undue delay of a trial.
“Electronic communication,” the transfer of signs, signals, writings, images, sounds, or data of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. This term does not include wire and oral communications as defined in section 99 or chapter 272.
“Electronic communication information”, any information pertaining to an electronic communication or the use of an electronic communication service, including, but not limited to the content of electronic communications, metadata, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication. Electronic communication information does not include subscriber information as defined in this section.
“'Electronic communication services,” a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. This definition shall not apply to corporations that do not provide electronic communication services to the general public.
“Electronic device” or “device”, any device that stores, generates, or transmits information in electronic form and that enables access to, or use of, an electronic communication service, remote computing service, or location information service.
“Electronic device information”, electronic communication information and location information stored in a device.
“Electronic information”, electronic communication information and location information stored by a service provider on behalf of a subscriber or user of an electronic communication service, location information service, or remote computing service.
''Foreign corporation'', any corporation or other entity that makes a contract or engages in a terms of service agreement with a resident of the commonwealth to be performed in whole or in part by either party in the commonwealth. The making of the contract or terms of service agreement shall be considered to be the agreement of the foreign corporation that a search warrant which has been properly served on it has the same legal force and effect as if served personally within the commonwealth.
“Location information”, information derived from a device or from interactions between devices, with or without the knowledge of the user and regardless of the technological method used, that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device within the Commonwealth of Massachusetts
“Location information service”, a service that generates location information or is otherwise used to provide location information to the user or subscribed or the service. This term includes global positioning system services and other mapping, locational, or directional information services.
''Massachusetts corporation'', any corporation or other entity that is subject to chapter 155 or chapter 156B.
“Metadata”, information, other than communications content, which is necessary to or associated with the provision of electronic communication services, remote computing services, or location information services, including but not limited to information about the source or destination of electronic communications, date and time of electronic communications, delivery instructions, account information, internet protocol address, quantum of data, data or file type, or data tags.
''Properly served'', delivery of a search warrant by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest certificate filed pursuant to section 15.03 of chapter 156D.
''Remote computing service'', the provision of remote computer processing services or remote computer storage of digital assets. This definition shall not apply to corporations that do not provide those services to the general public.
“Service provider”, a person or entity offering electronic communication services, location information services, or remote computing services.
“Subscriber information”, the name, street address, telephone number, email address, or similar contact information provided by the subscriber to a service provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider.
(b) Except pursuant to a warrant issued by a justice of the superior court or acting in accordance with a legally recognized exception under subsection (k), it shall be unlawful for a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official to
(i) obtain or access electronic information or subscriber information from a service provider
(ii) access electronic device information from the electronic device, whether by physical or electronic means.
(c) A justice of the superior court may issue a search warrant upon a sworn application by the applicant showing there is probable cause to believe that:-
(i) particular identified records or information are in the actual or constructive custody of the Massachusetts or foreign corporation acting as a service provider; and
(ii) such records or information constitute evidence of or the means or instrumentalities of the commission of a specified criminal offense under the laws of the commonwealth.
(d) Search warrants issued under this section shall:-
(i) designate the person, corporation, or other entity, if any, in possession of the records or data sought;
(ii) describe, with particularity, the information sought and to be provided;
(iii) be directed to the law enforcement officer or government making the application for the warrant and authorize them to properly serve the warrant upon the corporation and to take all other actions prescribed by this section; and
(iv) be issued in the form and manner prescribed in sections 2A½ and 2B, insofar as they are applicable.
(e) The following provisions shall apply to any search warrant issued under this section:-
(i) when properly served with a search warrant, a corporation subject to this section shall provide all records sought pursuant to that warrant within 14 days of receipt, including those records maintained or located outside the commonwealth;
(ii) if the applicant makes a showing and the court finds that failure to produce records within less than 14 days would cause an adverse result, a warrant may require production of records within less than 14 days;
(iii) a court may reasonably extend the time required for production of the records upon finding that the corporation has shown good cause for that extension and that an extension of time would not cause an adverse result;
(iv) a corporation seeking to quash a warrant served on it pursuant to this section shall seek relief from the court that issued the warrant within the time required for production of records pursuant to this section. The court shall hear and decide such motion not later than 14 days after the motion is filed; and
(v) the corporation shall verify the authenticity of records that it produces by providing an affidavit from the person in custody of those records certifying that they are true and complete.
(f) A Massachusetts corporation that provides electronic communication services, remote computing services, or location information services, when served with a warrant or subpoena issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant or subpoena had been issued under the law of the commonwealth.
(g) No claim shall lie against any foreign or Massachusetts corporation subject to this section, its officers, employees, agents, or other persons for providing records, information, facilities, or assistance in accordance with the terms of a search warrant issued pursuant to this section.
(h) Not later than 7 days after information is obtained by a law enforcement officer or government office pursuant to a warrant under this section, that officer or office shall serve upon, or deliver by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant, to the individual to whom the information pertains to, a copy of the warrant, a copy of the application for the warrant and notice that informs them of the following:-
(i) the nature of the law enforcement inquiry with reasonable specificity;
(ii) in the case of electronic information, that such information was requested by or supplied to that government office or public official, a description of the information, and the dates on which the request was made and on which the information was supplied;
(iv) whether notification of the customer, subscriber, or user was delayed under subsection (i); and
(v) which court made the certification or determination under which that delay was made, if applicable.
(i) A government office, law enforcement agency, or public official may include in its application for a warrant a request for an order delaying the notification required under subsection (h) for a period not to exceed 90 days, and the court may issue the order if it determines there is reason to believe that notification of the existence of the warrant may have an adverse result. Upon expiration of any period of delay granted under this subsection, the government office, law enforcement agency as defined in section 1 of chapter 6E, or public official shall provide the customer or subscriber a copy of the warrant together with notice required under, and by the means described in, subsection (h).
(j) A government office, law enforcement agency as defined in section 1 of chapter 6E, or public official may include in its application for a warrant a request for an order directing a corporation or other entity to which a warrant is directed not to notify any other person of the existence of the warrant for a period of not more than 90 days, and the court may issue the order if the court determines that there is reason to believe that notification of the existence of the warrant will have an adverse result.
The court may, upon application, grant one or more extensions of orders delaying notification for an additional 90 days if the court determines that there is reason to believe that notification of the existence of the warrant will have an adverse result.
(k) Notwithstanding any general or special law to the contrary, a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official may obtain or access the categories of information mentioned in subsection (b):-
(i) with the specific contemporaneous written consent of the individual to whom the information pertains as the owner or authorized user of the device or as user or subscriber of the remote computing services, electronic communications services, or location information services;
(ii) with the specific contemporaneous written consent of the recipient of an electronic communication.
(iii) in order to respond to a call for emergency services; or
(iii) in response to 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:-
(a) 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
(b) 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.
(iv) in case of electronic device information, if the government office, law enforcement agency, or public official, in good faith, believes the device to be lost, stolen, or abandoned; provided, however, that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device.
(l) Within five business days after issuing or denying a warrant, the court shall report to the office of court management within the trial court the following information:-
(i) the name of the agency making the application;
(ii) the offense specified in the warrant or application therefore;
(iii) the nature of the information sought;
(iv) if the warrant application sought authorization to obtain or access information from a corporation or other entity, the name of that entity;
(v) whether the warrant was granted as applied for, was modified, or was denied;
(vi) the period of disclosures or access authorized by the warrant;
(vii) the number and duration of any extensions of the warrant; and
(viii) any order directing delayed notification of the warrant’s existence.
In June of each year, the court administrator in the office of court management within the trial court shall transmit to the legislature a full and complete report concerning the number of applications for warrants authorizing or requiring the disclosure of or access to information under this section. The reports shall include a summary and analysis of the data required to be filed with that office. The reports shall be filed with the offices of the clerk of the house and the senate and shall be public records. The court administrator in the office of court management within the trial court shall issue guidance regarding the form of the reports.
(m) The requirements of this section shall apply to all state and local law enforcement officers operating in the commonwealth, whether said officers are assigned to state and local law enforcement operations exclusively, or to a joint task force or other collaborative operations with federal law enforcement agencies.
Section 1C. (a) As used in this section, the following words shall have the following meanings:
“Reverse-keyword court order”, any court order, including a search warrant or subpoena, compelling the disclosure of records or information identifying any unnamed persons, by name or other unique identifiers, who electronically searched for particular words, phrases, or websites, or who visited a particular website through a link generated by such a search, regardless of whether the order is limited to a specific geographic area or time frame.
“Reverse-keyword request”, any request, in the absence of a court order, by any government entity for the voluntary provision of records or information identifying any unnamed persons, by name or other unique identifiers, who electronically searched for particular words, phrases, or websites, or who visited a particular website through a link generated by such a search, regardless of whether or not the request is limited to a specific geographic area or time frame. Such requests shall include offers to purchase such records or information.
“Reverse-location court order”, any court order, including a search warrant or subpoena, compelling the disclosure of records or information pertaining to the location of previously unidentified electronic devices or their unnamed users or owners and whose scope extends to an unknown number of electronic devices present in a specified geographic area at a specified time, irrespective of whether such location is identified via global positioning system coordinates, cell tower connectivity, wi-fi positioning, or any other form of location detection.
“Reverse-location request”, any request, in the absence of a court order, by any government entity for the voluntary provision of records or information pertaining to the location of unidentified electronic devices or their unnamed users or owners and whose scope extends to an unknown number of electronic devices present in a specified geographic area at a specified time, irrespective of whether such location is identified via global positioning system coordinates, cell tower connectivity, wi-fi positioning, or any other form of location detection. Such requests shall include offers to purchase such records or information.
''Subpoena'', a grand jury or trial subpoena issued in the course of a criminal proceeding or an administrative subpoena issued pursuant to section 17B of chapter 271.
(b) It shall be unlawful for a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official to:-
(i) seek, from any court, a reverse-location court order or a reverse-keyword court order.
(ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-location court order or a reverse-keyword court order.
(c) No court subject to the laws of the commonwealth shall issue a reverse-location court order or a reverse-keyword court order.
(d) No person or entity in the commonwealth, as a result of any law, regulation, or agreement adopted by the commonwealth or any political subdivision thereof, shall be obligated to comply with a reverse-location court order or a reverse-keyword court order issued by the commonwealth or a political subdivision thereof.
(e) It shall be unlawful for a government office, law enforcement agency, or public official to:-
(i) make a reverse-location request or a reverse-keyword request;
(ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-location request or a reverse-keyword request.
(iii) seek the assistance of any agency of the federal government or any agency of the government of another state or subdivision thereof in obtaining information or data from a reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-keyword request if the government entity would be barred from directly seeking such information under this section.
(f) For the purposes of this section, a record, information, or evidence is “derived from” a reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-keyword request where the government entity would not have originally possessed the information or evidence but for the violative court order or request, and regardless of any claim that the record, information, or evidence is attenuated from the unlawful order or request, would inevitably have been discovered, or was subsequently reobtained through other means.
Section 1D. (a) As used in this section, the following words shall have the following meanings:
"Cell site simulator device", any device that functions as or simulates a base station for commercial mobile services or private mobile services in order to identify, locate, or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services.
(b) It shall be unlawful for a government office, law enforcement agency, or public official to use a cell site simulator device for any purpose other than to locate or track the location of a specific electronic device, pursuant to a warrant consistent with subsection (d), or if exigent circumstances exist requiring swift action to prevent imminent danger to the safety of an individual or the public.
(c) Any warrant application seeking to intercept the substance of a wire or oral communication from an electronic device may only be granted pursuant to section 99 of chapter 272.(d) An application for a warrant to use a cell site simulator device must include:
(i) a statement of facts establishing probable cause to believe that the use of a cell site simulator will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a felony; and
(ii) sufficient facts demonstrating that less invasive methods of investigation or surveillance to the privacy of non-targeted parties have been tried and failed or reasonably unlikely to succeed if tried; and
(iii) a description of the nature and capabilities of the cell site simulator device that will be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices; and
(iv) a description of the procedures that will be followed to protect the privacy of non-targets during the investigation, including the deletion of data obtained from non-target communication devices.
(v) the name of the government agency that owns the cell site simulator device.
(e) All non-target data must be deleted immediately upon collection, but no later than once every 24 hours.
(f) All target data must be deleted within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.
(g) The warrant shall permit the use of a cell site simulator for a period not to exceed fifteen days. Any time prior to the expiration of a warrant, the applicant may apply to the issuing judge for a renewal thereof with respect to the same electronic device, person, and location of surveillance. An application for renewal must incorporate the warrant sought to be renewed together with the application and any accompanying papers upon which it was issued. The application for renewal must set forth the results of the investigation thus far conducted, as well as present grounds for extension in conformity with subsection (d). Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding fifteen days.
(h) For the purposes of this section, a record, information, or evidence is “derived from” unauthorized use of a cell site simulator where the government entity would not have originally possessed the information or evidence but for the violative court order or request, and regardless of any claim that the record, information, or evidence is attenuated from the unlawful order or request, would inevitably have been discovered, or was subsequently re-obtained through other means.
Section 1E. (a) Any individual whose information was obtained by a government entity in violation of sections 1B, 1C, and 1D shall be notified of the violation, in writing, by the government office, law enforcement agency, or public official who committed the violation and of the legal recourse available to that person pursuant to this section.
(b) Except in a judicial, administrative or legislative trial, hearing, or other proceeding alleging a violation of sections 1B, 1C, and 1D, no information acquired in violation of said sections, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the commonwealth, or a political subdivision thereof.
(c) Any individual alleging harm caused by a violation of sections 1B, 1C, and 1D may bring a civil action against the government office, law enforcement agency, or public official who violated those sections in the Superior Court or any court of competent jurisdiction. Venue in the Superior Court shall be proper in the county in which the plaintiff resides or was located at the time of the violation.
(d) An individual protected by this section shall not be required, as a condition of service or otherwise, to file an administrative complaint with the attorney general or to accept mandatory arbitration of a claim arising under this chapter. Chapter 258 shall not apply to a claim brought under this section.
(e) In a civil action in which the plaintiff prevails, the court may award actual damages, including damages for emotional distress, of one thousand dollars per violation or actual damages, whichever is greater, (punitive damages; and any other relief, including but not limited to injunctive or declaratory relief, that the court deems to be appropriate. In addition to any relief awarded, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
(i) In assessing the amount of punitive damages, the court shall consider:-
(a) The number of people whose information was disclosed;
(b) Whether the violation directly or indirectly targeted persons engaged in the exercise of activities protected by the Constitution of the United States of America or the Massachusetts Declaration of Rights, and
(c) The persistence of violations by the government office, law enforcement agency, or public official.
(f) Non-waivable rights. Any provision of a contract or agreement of any kind, including a private corporation terms of service or policies, that purports to waive or limit in any way an individual’s rights under this section, including but not limited to any right to a remedy or means of enforcement, shall be deemed contrary to state law and shall be void and unenforceable.
(g) No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
SECTION 2. Chapter 276 is hereby amended by inserting after section 2A the following section:-
Section 2A½. (a) A warrant issued pursuant to section 1B for records or data from a corporation providing electronic communication services, remote computing services, or location information services shall be in substantially the following form:-
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
To the Sheriffs of our several counties, or their deputies, any State Police Officer, or a Police Officer of any city or town in the Commonwealth.
Proof by affidavit having been made this day before (name and office of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that certain records or data are in the in the possession of (identify corporation or other entity) and that those records or data constitute evidence of or the means or instrumentalities of the commission of (specified criminal offense under the laws of the commonwealth).
We therefore authorize you to present this warrant to (identify corporation or other entity), which warrant shall operate as an order for immediate disclosure of the following records or data:
(description of particular records or data),
and if any such records or data are disclosed to bring it before (court having jurisdiction) at (name of court and location).
Dated at (city or town) this __________ day of __________, (insert year).
Justice of the Superior Court
(b) A warrant issued pursuant to section 1D authorizing the use of a cell site simulator device shall be in substantially the following form:
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
To the Sheriff, or their deputy, State Police Officer, or municipal Police Officer who has made this complaint on oath.
Proof by affidavit having been made this day before (name and office of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that the use of a cell site simulator device will lead to evidence of or the means or instrumentalities of the commission of (specified criminal offense under the laws of the commonwealth) or the location of a person whom there is probable cause to believe has committed, is committing, or is about to commit (specified criminal offense under the laws of the commonwealth).
We therefore authorize you to obtain or access by means of a cell site simulator device, the following records or data:
(description of particular records or data),
and if any such records or data are disclosed to bring it before (court having jurisdiction) at (name of court and location).
Dated at (city or town) this __________ day of __________, (insert year).
Justice of the Superior Court
SECTION 3. Section 2B of said chapter 276 is hereby amended by striking clauses 3 and 4 of the model affidavit and inserting in place thereof the following:-
3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property, records or data hereinafter described (has been stolen, or is being concealed, or constitutes evidence of a particular offense, etc.) and may be found (in the possession of A. B. or any other person or corporation) at premises (identify).
4. The (property, records, or data) for which I seek issuance of a search warrant is the following: (here describe the property, records, or data as particularly as possible).
SECTION 4. Section 7 of chapter 78 of the General Laws is hereby amended by striking the third sentence.
SECTION 5. Said chapter 78 is hereby amended by inserting after section 7 the following section:-
Section 7A.
(a) For the purposes of this section, “library user private data” shall mean that part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library.
(b) Library user private data shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four.
(c) The rights contained within sections 1B, 1C and 1E of chapter 276 shall apply to a library user as if that person were in possession of their library user private data.
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An Act to address arbitration agreements
| H1654 | HD2826 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:46:35.84'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:46:35.84'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1654/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1654) of Jay D. Livingstone relative to arbitration agreements. The Judiciary. | SECTION 1: Section 32 of chapter 260 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after “matter of form,” the following: “or a dismissal as a result of an arbitration agreement,”
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An Act increasing fair housing protections for victims of abusive behavior | H1655 | HD3215 | 193 | {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T10:58:03.637'} | [{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-20T10:58:03.6366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T13:51:49.0433333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1655/DocumentHistoryActions | Bill | By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1655) of Jay D. Livingstone and David Henry Argosky LeBoeuf relative to fair housing protections for victims of abusive behavior. The Judiciary. | SECTION 1. Section 1 of chapter 151B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after paragraph 23 the following paragraph:-
24. The term “victim of abusive behavior” shall mean any person who is experiencing or has experienced abusive behavior.
25. The term “abusive behavior” in this section shall mean (i) any behavior constituting domestic violence; (ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.
26. The term “domestic violence” in this section shall mean abuse against a person by (i) the person’s current or former spouse; (ii) someone with whom the person shares a child in common; (iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be married; or (vi) someone with whom the person is in a guardianship relationship.
27. The term “abuse” in this section shall mean (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat, or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
28. The term “psychological, emotional, or mental abuse” in this section shall mean a pattern of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce fear or terror or to restrict another person’s ability to exercise free will or autonomy, including but not limited to unreasonably engaging in any of the following as part of such a pattern:
(i) Isolating another person from friends, family, or other sources of support;
(ii) Limiting another person’s access to or use of family or personal money or financial resources;
(iii) Controlling, regulating, or monitoring the another person’s activities, movements, communications, daily behavior, finances, economic resources, or access to services;
(iv) Belittling, degrading, or demeaning another person;
(v) Threatening to harm or kill another or another person’s family member;
(vi) Threatening to publish personal or false information about another person or to make false reports to law enforcement authorities about another person;
(vii) Damaging another person’s property or household goods; or
(viii) Forcing another person to take part in criminal activity or child abuse.
SECTION 2. Section 4 of said chapter 151B, as so appearing, is hereby amended by striking the first sentence of subsection 3B and inserting in place thereof the following sentence:-
For any person whose business includes granting mortgage loans or engaging in residential real estate-related transactions to discriminate against any person in the granting of any mortgage loan or in making available such a transaction, or in the terms or conditions of such a loan or transaction, because of race, color, religion, sex, gender identity, sexual orientation which shall not include persons whose sexual orientation involves minor children as the sex object, children, status as a victim of abusive behavior, national origin, genetic information, ancestry, age or handicap.
SECTION 3. Said section 4 of chapter 151B, as so appearing, is hereby further amended by striking the first sentence of subsection 6 and inserting in place thereof the following sentence:-
For the owner, lessee, sublessee, licensed real estate broker, assignee or managing agent of publicly assisted or multiple dwelling or contiguously located housing accommodations or other person having the right of ownership or possession or right to rent or lease, or sell or negotiate for the sale of such accommodations, or any agent or employee of such a person, or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or otherwise to deny to or withhold from any person or group of persons such accommodations because of the race, religious creed, color, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status of such person or persons or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap, or because such person is a victim of abusive behavior; (b) to discriminate against any person because of his race, religious creed, color, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment, or because such person is a victim of abusive behavior; (c) to cause to be made any written or oral inquiry or record concerning the race, religious creed, color, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry or marital status of the person seeking to rent or lease or buy any such accommodation, or concerning the fact that such person is a veteran or a member of the armed forces or because such person is blind or hearing impaired or has any other handicap, or because such person is a victim of abusive behavior.
SECTION 4. Said section 4 of chapter 151B, as so appearing, is hereby further amended by striking the first sentence of subsection 7 and inserting in place thereof the following sentence:-
For the owner, lessee, sublessee, real estate broker, assignee or managing agent of other covered housing accommodations or of land intended for the erection of any housing accommodation included under subsections 10, 11, 12, or 13 of section one, or other person having the right of ownership or possession or right to rent or lease or sell, or negotiate for the sale or lease of such land or accommodations, or any agent or employee of such a person or any organization of unit owners in a condominium or housing cooperative: (a) to refuse to rent or lease or sell or negotiate for sale or lease or otherwise to deny or withhold from any person or group of persons such accommodations or land because of race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status, veteran status or membership in the armed forces, blindness, hearing impairment, or because such person possesses a trained dog guide as a consequence of blindness or hearing impairment or other handicap of such person or persons, or because such person is a victim of abusive behavior; (b) to discriminate against any person because of his race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, or marital status, veteran status or membership in the armed services, blindness, or hearing impairment or other handicap, or because such person possesses a trained dog guide as a consequence of blindness or hearing impairment, or because such person is a victim of abusive behavior in the terms, conditions or privileges of such accommodations or land or the acquisition thereof, or in the furnishing of facilities and services in the connection therewith; or (c) to cause to be made any written or oral inquiry or record concerning the race, color, religious creed, national origin, sex, gender identity, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, genetic information, ancestry, marital status, veteran status or membership in the armed services, blindness, hearing impairment or other handicap or because such person possesses a trained dog guide as a consequence of blindness or hearing impairment, or status as a victim of abusive behavior of the person seeking to rent or lease or buy any such accommodation or land; provided, however, that this subsection shall not apply to the leasing of a single apartment or flat in a two family dwelling, the other occupancy unit of which is occupied by the owner as his residence.
SECTION 5. Said section 4 of chapter 151B, as so appearing, is hereby further amended by striking subsection 7B and inserting in place thereof the following subsection:-
7B. For any person to make print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of multiple dwelling, contiguously located, publicly assisted or other covered housing accommodations that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender identity, sexual orientation which shall not include persons whose sexual orientation involves minor children as the sex object, national origin, genetic information, ancestry, children, marital status, public assistance recipiency, handicap, or status as a victim of abusive behavior or an intention to make any such preference, limitation or discrimination except where otherwise legally permitted.
SECTION 6. Section 9 of said chapter 151B, as so appearing, is hereby amended by inserting after the last paragraph the following:
In an action before the commission or a court with competent jurisdiction, a party claiming to be aggrieved under section 4 for discrimination on the basis of his or her status as a victim of abusive behavior shall be presumed for the purposes of establishing a prima facie case to be a victim of abusive behavior by producing any one of the following documents: (1) A protective order, or an order of equitable relief or other documentation, issued by a court of competent jurisdiction as a result of such abusive behavior, including but not limited to an order issued pursuant to chapter 209A or chapter 258E; (2) A document under the letterhead of a court, public agency, or social service, health care, or other service provider that the victim of such abusive behavior attended for the purposes of acquiring assistance as it relates to the abusive behavior;
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting such abusive behavior; (4) Documentation that the perpetrator of such abusive behavior has been convicted of, has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support a finding of guilt of any offense constituting such abusive behavior; (5) Documentation of health care treatment as a result of such abusive behavior; (6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professional who has assisted the victim of such abusive behavior in addressing the effects of such abusive behavior; (7) A sworn statement, signed under the penalties of perjury, from the victim of such abusive behavior attesting to such abusive behavior; or (8) Any other form of documentation or relevant evidence that reasonably corroborates or certifies that the employee, prospective employee, or family member of the employee or prospective employee is a victim of abusive behavior.
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An Act titled Justina's law | H1656 | HD1388 | 193 | {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:20:18.407'} | [{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:20:18.4066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1656/DocumentHistoryActions | Bill | By Representative Lombardo of Billerica, a petition (accompanied by bill, House, No. 1656) of Marc T. Lombardo relative to indemnifying parents and legal guardians who have followed medical care recommended by licensed medical or mental health providers. The Judiciary. | SECTION 1:
Massachusetts General Laws Chapter 119 be amended to add the following new section 51I:
51I: (a) A parent or legal guardian shall not be charged with abusing or neglecting a child’s need for medical care if:
(i) the parent or legal guardian has sought medical care for the child from a licensed medical or mental health provider;
(ii) the licensed medical or mental health provider has made a diagnosis;
(iii) the licensed medical or mental health provider has prescribed a lawful course of treatment; and
(iv) the parent or legal guardian is following or willing to follow the recommended course of treatment.
(b) No mandatory reporter, as defined in Section 21 of this Chapter, shall file a report of abuse or neglect under Section 51 of this Chapter based solely on a parent’s or legal guardian’s decision to follow the recommended treatment of a licensed medical or mental health provider. A parent or legal guardian has the right to follow the advice and treatment plan of a licensed medical or mental health provider over a contrary opinion or recommended treatment plan of another licensed medical or mental health provider when the decision does not involve immediate life-threatening conditions. Even in the case of life-threatening conditions, the decision of the parent or legal guardian to follow the advice or treatment plan of a licensed medical or mental health provider shall not be overridden unless there is clear and convincing evidence to the contrary.
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An Act relative to strengthening the penalty for assault or assault and battery on an emergency medical technician, ambulance operator, ambulance attendant or health care provider | H1657 | HD3268 | 193 | {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-19T14:08:10.81'} | [{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-19T14:08:10.81'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-22T16:37:03.28'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-06-14T10:44:19.7366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1657/DocumentHistoryActions | Bill | By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 1657) of John J. Mahoney relative to strengthening the penalty for assault or assault and battery on an emergency medical technician, ambulance operator, ambulance attendant or health care provider. The Judiciary. | SECTION 1. Section 13I of Chapter 265 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words "treating or transporting a person".
SECTION 2. Section 13I of Chapter 265 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "house of correction for not less than 90 days nor more than 2 and one-half years or by a fine of not less than $500 nor more than $5,000, or both." and inserting in place thereof the following words: "state prison for not more than five years, or by imprisonment in a jail or house of correction for not more than two and one-half years."
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An Act relative to solicitation of a juvenile under sixteen to commit murder | H1658 | HD2628 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:08:17.897'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:08:17.8966667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1658/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1658) of Christopher M. Markey relative to solicitation of juveniles under sixteen to commit murder. The Judiciary. | Section 1. Chapter 274 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2 the following new section:-
(1) Whoever solicits, entices, counsels, procures, provokes, threatens, pays, agrees to pay, or offers to pay a juvenile who has not attained the age of sixteen with the intent to have said juvenile commit an armed assault on another person or murder and said juvenile does commit or attempts to commit said armed assault on another or murder, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than twenty years. No sentence imposed under this subsection shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release, or furlough or receive any deduction from such person's sentence for good conduct.
(2) Whoever provides, delivers, purchases, hands, counsels, provokes, or aids in obtaining a juvenile under the age of sixteen a firearm, rifle, machine gun, automatic weapon, or dangerous weapon as defined by M.G.L. 140, with the intent to have said juvenile commit and armed assault on another person or murder shall be punished by imprisonment in the state prison for life or for any term of years, but not less than ten years. No sentence imposed under this subsection shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person's sentence for good conduct.
(3) “Armed Assault on another Person” shall be defined as any violation of M.G.L. C. 265 § 14, 18A, 18.
(4) “Murder” shall be defined as any violation of M.G.L. C. 265 §1.
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An Act relative to district court jurisdiction | H1659 | HD2632 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:10:00.82'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:10:00.82'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1659/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1659) of Christopher M. Markey relative to district court jurisdiction. The Judiciary. | Section 26 of Chapter 218 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following words after paragraph (1) of section twenty-four L:- “, subparagraph two of paragraph a1/2 of subsection two of section twenty-four”
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An Act relative to substance exposed newborns | H166 | HD3132 | 193 | {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-19T15:35:45.29'} | [{'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-01-19T15:35:45.29'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T10:07:13.7633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:43:29.8866667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-07T16:00:42.6433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-06-20T15:34:07.9033333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:44:16.3133333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-02T12:40:32.45'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T08:21:08.3066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H166/DocumentHistoryActions | Bill | By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 166) of Carole A. Fiola and others relative to substance exposed newborns. Children, Families and Persons with Disabilities. | SECTION 1. Section 51A of chapter 119 of the general laws is hereby amended in subsection (a) in the first paragraph by striking out the words:-
(iii) physical dependence upon an addictive drug at birth,
SECTION 2. Said section 51A is hereby further amended by inserting after subsection (a) the following new subsection:-
(a ½) An indication of prenatal parental substance use at the time of the delivery of an infant does not, in of itself, meet the requirements of subsection (a). However, a mandatory reporter shall file a written report following in the following circumstances:
(i) there is an indication of prenatal substance use by the birthing parent; and
(ii) the mandated reporter has reasonable cause to believe that the parent(s) will continue to use substances in such a manner that would render them unable to fulfill the basic needs of the infant upon discharge from the hospital, or if other factors are present that indicate current and substantial risk of harm to a child’s health or welfare.
SECTION 3. Chapter 111 of the general laws is hereby amended by inserting in Section 1 the following:
“Plan of Safe Care”, a family care plan designed to ensure the safety and well-being of an infant with prenatal substance exposure following his or her release from the care of a healthcare provider by addressing the health and substance use treatment needs of the infant and affected family or caregiver.
SECTION 4: Chapter 111 of the general laws is hereby amended by inserting after section 51K the following section:-
Section 51L. (a) The Department of Public Health in consultation with the Department of Children and Families shall promulgate regulations and corresponding guidance for all healthcare providers who care for perinatal patients and/or newborns detailing the roles and responsibilities of staff related to the requirement that healthcare providers must:
(1) Screen, conduct a brief intervention, and provide referrals to treatment services in order to identify and respond to prenatal substance use;
(2) Notify the Department of Public Health of all births of infants who were prenatally exposed to substances pursuant to the requirements of the federal Child Abuse Prevention and Treatment Act.
(3) Prior to postnatal discharge, determine whether to file a report of suspected child abuse or neglect as required by section 51A of chapter 119 and identify if a plan of safe care, as defined in section 1 of chapter 111, has been developed;
(4) Assess family needs, develop a plan of safe care if indicated, and refer families to appropriate services, as directed by the Department of Public Health and pursuant to the federal Child Abuse Prevention and Treatment Act.
(b) The Department of Public Health shall develop a plan to receive notifications of substance exposed births, as defined in regulation under subsection (a) of this section, directly from healthcare providers and shall collect data for reporting in a manner that is in compliance with the federal Child Abuse Prevention and Treatment Act .
(c) The Department of Public Health shall establish a program to ensure perinatal individuals, families, and providers have access to services designed to support the development and implementation of an effective plan of safe care, including services addressing the health and substance use disorder treatment needs of the infants and affected family or caregivers, as required by the federal Child Abuse Prevention and Treatment Act. Said program shall include a central system perinatal individuals, families and providers can contact to receive information and referrals, as well as a system of community-based services to meet the behavioral health, parenting, and child development needs of families affected by substance use and substance use disorders, subject to appropriation.
(d) The Department of Children and Families shall provide, and the Department of Public Health shall receive, submissions of data from the Department of Children and Families to the Public Health Data Warehouse in order to facilitate ongoing quality assurance and evaluation projects related to this statute and other family-service initiatives.
(e) The Department of Public Health shall provide data to the Department of Children and Families on all births of infants who were prenatally exposed to substances in a form and manner that is compliant with the requirements of the federal Child Abuse Prevention and Treatment Act, provided that said data shall not include personally identifiable information.
SECTION 5. (a) The department of the children and families, department of public health and the office of the child advocate shall develop a report to study of the impact of this legislation on child abuse and neglect reports made under Section 51A of chapter 119 and compliance with the federal Child Abuse Prevention and Treatment Act. The departments shall consider
(1) Any disparate impact, including disparate racial impact, of these changes in statute;
(2) Any impact the statutory changes may have had on child safety;
(3) Gaps in services; and
(4) Any additional statutory or regulatory changes that may be needed.
(b) The report shall include
(1) An examination of child abuse and neglect reports related to an infant’s exposure at birth to substances that were ultimately screened out by the department of children and families;
(2) An examination of reports of infants who were exposed to substances; at birth that did not result in a child abuse and neglect report, and whether there was a subsequent report of abuse or neglect of the same child within one year of birth;
(3) The demographics, including race and ethnicity, of both the child and the parents that are the subject of reports described in subsection (1) and (2).
(c) If feasible, said report shall include relevant aggregate quantitative data on all cases that meet the criteria specified in subsection (b)(1) and (b)(2) above, as well as a qualitative analysis that includes a review of case notes in the database maintained by the department of children and families for a sample of cases.
(d) No later than 18 months after the effective date of this legislation the department of children and families, the department of public health and the office of the child advocate shall file an interim report of their findings with the clerks of the senate and house of representatives, the senate committee on ways and means, the house committee on ways and means, the joint committee on children, families, and person with disabilities, and the joint committee on mental health, substance use and recovery.
(e) No later than three years after the effective date of this legislation, the department of children and families, the department of public health, and the office of the child advocate shall file a final report of their findings with the clerks of the senate and house of representatives, the senate committee on ways and means, the house committee on ways and means, the joint committee on children, families, and person with disabilities, and the joint committee on mental health, substance use and recovery.
SECTION 6. Sections 1 and 2 shall be effective eighteen months after the passage of this legislation.
SECTION 7. Sections 3 and 4 shall be implemented and effective twelve months after the passage of this legislation.
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An Act relative to the tax status of alimony | H1660 | HD2635 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:12:55.363'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:12:55.3633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1660/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1660) of Christopher M. Markey relative to the tax status of alimony. The Judiciary. | SECTION 1. Section 53 of chapter 208 of the General Laws, as appearing the 2020 Official Edition, is hereby amended by striking out subsection b and inserting in place thereof the following :-
(b) (i) Except for reimbursement alimony or circumstances warranting deviation for other forms of alimony, the amount of alimony should generally not exceed the recipient's need or 30 to 35 per cent of the difference between the parties’ gross incomes, if federally tax deductible, or, if not federally tax deductible as of January 1, 2019, the recipient’s need or 23 per cent to 28 per cent of the difference between the parties’ gross incomes, as established at the time of the order being issued. Subject to subsection (c), income shall be defined as set forth in the Massachusetts child support guidelines.
(b) (ii) The provisions of this Act shall only apply to alimony orders entered on or after January 1, 2019 or to any existing alimony agreement entered into prior to the 2019 that is modified on or after January 1, 2019.
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Resolve establishing a bail reform and pretrial treatment task force | H1661 | HD2644 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:15:20.233'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:15:20.2333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1661/DocumentHistoryActions | Resolve | By Representative Markey of Dartmouth, a petition (accompanied by resolve, House, No. 1661) of Christopher M. Markey for an investigation by special commission (including members of the General Court) to study the legal and regulatory framework governing the bail system. The Judiciary. | Resolved, There shall be established, pursuant to section 2A of Chapter 4 of the General Laws as appearing in the 2020 Official Edition, a special legislative commission known as the Task Force on Bail Reform and Pretrial Treatment. The task force shall consist of the following 12 members: the governor or his designee; the speaker of the house of representatives or his designee; the senate president or her designee; a member of the house of representatives appointed by the minority leader of the house of representatives; a member of the senate appointed by the minority leader of the senate; the attorney general or her designee; commissioner of probation or designee; president of the Massachusetts District Attorney Association or designee; president of the Massachusetts Sheriffs Association or a designee; executive director of Prisoners’ Legal Services or her designee; Chief Justice of the Massachusetts Trial Court; a designee appointed by the Bureau of Substance Addiction Services of the Department of Public Health; chief counsel from Committee for Public Counsel Services; and president of the Massachusetts Bar Association or a designee.
The task force shall conduct an investigation and study the existing legal and regulatory framework of governing current bail system and use of pretrial hearings and treatments including the pretrial release and detention system in the Commonwealth. Further, the task force shall review the feasibility of a cashless bail system while considering, but not limited to, the following guiding principles: pretrial custody should not occur solely because the defendant cannot afford bail; public safety is a fundamental consideration in the pretrial detention decisions; defendants should be released from pretrial custody as early as possible based on an assessment of the risk to public safety and the risk of failing to appear in court; non-financial release alternatives should be available; consistent practices for making pretrial release, detention, and supervision decisions should be established. Further, the task force shall consider the use and breadth of “dangerousness hearings” as defined in Section 58A of Chapter 276 as appearing in the 2016 Official Edition, including but not limited to the ability to hold individuals considered to be a serious danger past the current 120 day holding period limit, limiting hearsay in said hearings, and consider testing such as mental health screenings, alcohol or drug abuse evaluation or any other methods deemed necessary to order medical, psychological, or psychiatric treatment, including treatment for substance or alcohol use disorder. The task force shall also consider any other aspects of bail reform or pretrial services as it sees fit.
The task force shall file a report with the governor, the president of the senate and speaker of the house of representatives regarding the results of its investigation and study within twelve months of the formulation of the task force. The report shall include: (i) an assessment of the current legal and regulatory structures of the bail system in the Commonwealth as well as the treatment of individuals in the pretrial setting; (ii) recommendations for amendments to any current law, rule, or regulation; and (iii) recommendations for legislation, if any, which shall be filed with the clerks of the house of representatives and senate.
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An Act to improve transparency in alleged police misconduct | H1662 | HD2662 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:20:52.56'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:20:52.56'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1662/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1662) of Christopher M. Markey relative to alleged police misconduct. The Judiciary. | Section 8 of Chapter 38 as appearing in the 2020 Official Edition is hereby amended by striking out the Section and replacing it with the following:
Section 8. The chief medical examiner or his designee may request the attorney general or the district attorney to direct that an inquest be held. The attorney general or district attorney may, regardless of whether or not action has been taken by the office of the chief medical examiner, require an inquest to be held in case of any death. The district court which has jurisdiction over the matter shall thereupon hold an inquest.
The attorney general, district attorney, police chief, executive of a city, or select board of a town may request an inquest, which is to be conducted by the attorney general or the district attorney, to be held in any case in which there is reasonable suspicion that a law enforcement officer, within their respective jurisdiction, while acting within the scope as a law enforcement officer, engaged in conduct which violated any laws or regulations of the of the United States of America, the Commonwealth of Massachusetts, or the city or town, and result of such violation, caused serious bodily injury to another, as defined under chapter two hundred and sixty-five. The district court which has jurisdiction over the matter shall thereupon hold an inquest.
The court shall give seasonable notice of the time and place of the inquest to the department of telecommunications and energy, in any case of death by accident upon a public conveyance regulated by said department, and to the registry of motor vehicles in any case of death in which any motor vehicle is involved. Such notice shall also be given to any parent, spouse, or other member of the deceased's immediate family or to the deceased's legal representative or legal guardian.
Any person who has been identified by the attorney general, the district attorney, as the case may be, as the target of an investigation in connection with the death of the deceased or serious bodily injury of another, may be present during the holding of such inquest and be represented by counsel, and may request leave of the court to present or examine witnesses, and shall at the completion of the court's report of said inquest have the right to examine said report; provided, however, that no indictment shall be dismissed nor shall any evidence be suppressed for violation of the provisions of this paragraph. All other persons not required by law to attend may be excluded from the inquest; provided, however, the complainant, the parents, guardian or next of kin of the person whose death or serious bodily injury is the subject of the inquest shall be deemed to be interested persons who may be present during the holding of such inquest. The court may order, as it deems appropriate, that witnesses to be examined during the inquest be sequestered.
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An Act relative to the reckless operation of motor vehicles | H1663 | HD2665 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:23:43.067'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:23:43.0666667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1663/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1663) of Christopher M. Markey relative to the penalties for reckless operation of motor vehicles. The Judiciary. | SECTION 1. Paragraph (a) of subdivision (2) of section 24 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 766 and 767, the words “recklessly, or operates such a vehicle”.
SECTION 2. Said paragraph (a) of said subdivision (2) of said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the first paragraph the following 4 paragraphs:-
Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, shall be punished by imprisonment in the state prison for not more than 5 years, or by imprisonment for not more than 2½ years in a jail or house of correction and by a fine of not less than $1,000 nor more than $5,000.
Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly and by such operation causes the serious bodily injury of any person, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment for not less than 1 year nor more than 2½ years in a jail or house of correction and by a fine of not less than $1,000 nor more than $5,000. For the purpose of this section the term “serious bodily injury” shall have the same meaning as in subdivision (3) of section 24L.
Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, and by such reckless operation causes the death of another, shall be punished by imprisonment in the state prison for not more than 20 years, and by a fine of not more than $25,000.
For purposes of this section “reckless” shall be defined as: violating 1 or more moving violations while traveling at least 25 miles per hour over the speed limit.
SECTION 3. Subsection (a) of section 24G of said chapter 90, as so appearing, is hereby amended by striking out, in line 9, the words “recklessly or”.
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An Act improving medical decision making | H1664 | HD2685 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:34:56.83'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:34:56.83'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1664/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1664) of Christopher M. Markey 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. In the event of a challenge, there shall be a rebuttable presumption that the selection of the surrogate was valid. Any person who challenges the selection shall have the burden of proving the invalidity of that selection.
13. 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.
14. 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.
15. 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.
16. Any surrogate who becomes unavailable for any reason may be replaced by applying the provisions of Subsections 7 through 13 of this Section, in the same manner as for the initial choice of surrogate.
17. 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 13 of this Section.
18. The surrogate decision maker shall have the same right as the person to receive medical information and medical records and consent to disclosure.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
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An Act relative to notice of contract, dissolution of lien | H1665 | HD2686 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:36:12.673'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:36:12.6733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1665/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1665) of Christopher M. Markey relative to notes of contracts and dissolutions of liens. The Judiciary. | SECTION 1. Chapter 254 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 8 and inserting in place thereof the following section:-
Section 8. Liens under sections two and four shall be dissolved unless the contractor, subcontractor, or some person claiming by, through or under them, not later than the earliest of: (i) ninety days after the filing or recording of the notice of substantial completion under section two A; (ii) one hundred and twenty days after the filing or recording of the notice of termination under section two B; (iii) one hundred and twenty days after the last day a person, entitled to enforce a lien under section two or anyone claiming by, through or under him, performed or furnished labor or material or both labor and materials or furnished rental equipment, appliances or tools; or (iv), with respect to any building, structure or other improvement to real property consisting only of at least one but not more than four dwelling units, five years after the filing or recording of the Notice of Contract, provided that the homeowner has filed an affidavit with the registry of deeds in the county or district where the land lies stating that the homeowner is unaware of any outstanding debt to any contractor or subcontractor, shall file or record in the registry of deeds in the county or district where the land lies a statement, giving a just and true account of the amount due or to become due him, with all just credits, a brief description of the property, and the names of the owners set forth in the notice of contract. A lien under section one shall be dissolved unless a like statement, giving the names of the owner of record at the time the work was performed or at the time of filing the statement, is filed or recorded in the appropriate registry of deeds within the ninety days provided in said section. Nothing in this section shall prohibit the filing or recording of a statement under this section prior to the filing or recording of the notices under section two A or two B.
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An Act relative to high speed chases | H1666 | HD2690 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:40:06.927'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:40:06.9266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1666/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1666) of Christopher M. Markey relative to the penalty for causing high speed chases. The Judiciary. | SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 25 the following section:—
Section 25A. Whoever willfully ignores the signal of a police officer to stop a motor vehicle and then operates the motor vehicle at a rate of speed in excess of 20 miles per hour over the speed limit established under sections 17, 17A, and 18 for a distance of a mile shall be punished by a fine of not more than $1,000 dollars and by imprisonment in a jail or house of correction for not more than 2 and ½ years, or by imprisonment in the state prison for not more than 5 years.
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An Act to protect the citizens of the Commonwealth from drunk drivers | H1667 | HD2717 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:48:49.32'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:48:49.32'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1667/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1667) of Christopher M. Markey relative to operating under the influence. The Judiciary. | SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by including the following definitions:-
Blood alcohol content: The number of grams of alcohol per 100 milliliters of blood; or the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine. Blood alcohol content is also known as: blood alcohol level, blood alcohol concentration, and BAC.
Disposition: A conviction, guilty plea, plea of nolo contendere, placement on probation, continuance without a finding or admission to sufficient facts.
Drugs or other substance: Marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or vapors of glue.
Ignition interlock device: A breath alcohol sensing instrument designed to be mounted in an automobile and connected to the ignition key switching system in a way that prevents the vehicle from starting unless the driver first provides a breath sample. These devices contain an instrument to measure the alcohol content of a deep lung breath sample. If the measured blood alcohol content is at or above a set level, the ignition is locked and the vehicle will not start. For purposes of this chapter, the registrar will certify each model or device approved for use.
Minimum mandatory: The term of a sentence that shall not be reduced or suspended nor shall any person be eligible for probation, parole, furlough, or receive any deduction for good conduct during that term provided; however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment, or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or party of such minimum mandatory sentence to the extent that resources are available in a correctional facility specifically designed by the department of correction for the incarceration and rehabilitation of drinking drivers.
Open Container: A bottle, can or other receptacle used to contain a liquid that has been opened or has a broken seal or the contents of which have been partially removed or consumed; provided, however, that a bottle resealed pursuant to section 12 of chapter 138 shall not be considered an open container.
Operating under the influence offense: Any conviction, nolo contendere plea, continuation without a finding with an assignment to an alcohol, drug or substance abuse education treatment program for operating under the influence under chapter 90, chapter 90A , chapter 90B, or chapter 265, or of a like offense of operating under the influence from another jurisdiction.
Passenger Area: The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle’s trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger.
Prior under the influence offense: Any conviction, nolo contendere plea, or continuation without a finding with an assignment to an alcohol, drug or substance abuse education treatment program for operating under the influence under chapter 90, chapter 90A, chapter 90B, or chapter 265 section 13 ½ , section 13 ½ , or of a like offense of operating under the influence from another jurisdiction, where the findings, judgment, or adjudication date by the court precedes the date of offense for which he is now charged.
Public way: Any street or highway that is open to the public and is controlled and maintained by some level of government, or in a place to which the public has a right of access, or in a place to which members of the public have access as invitees or licensees.
Under the Influence: (1) Having ingested enough marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or intoxicating liquor or vapors of glue to diminish one’s capacity or ability to drive safely ; or (2) Having a blood alcohol content of .08% or above.
Vehicle or vessel used in public transportation: Any train, passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, Massachusetts Port Authority, or the Massachusetts Department of Transportation.
SECTION 2. Section 23 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking lines 1 through 144 and replacing it with the following:-
(1) No person shall operate a motor vehicle with a suspended license or right to operate, or after being notified by the Registry of Motor Vehicles of such suspension.
(a) A person convicted under subsection (1) of this section shall be punished as follows:
(1) First offense: The defendant shall be fined not more than $500.
(2) Subsequent offense: The defendant shall be imprisoned in a jail or house of correction for not less than 60 days but not more than 1 year.
(b)Upon a conviction under subsection (1) of this section the registrar shall extend said suspension of the license or right to operate for an additional 60 days.
(c) This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate because of any such violation.
(2)No person shall operate a motor vehicle with a suspended certificate of registration unless the registration has been restored or a new registration has been issued.
(3)No person shall allow another to operate a motor vehicle with a suspended certificate of registration unless the registration has been restored or a new registration has been issued.
(4)No person with intent to conceal his identity shall, upon request, present to an officer authorized to make arrests a license issued to another person.
(a)A person convicted under subsection (2), (3) or (4) of this section shall be punished as follows:
(1)First offense: The defendant shall be imprisoned in a jail or house of correction for not more than 10 days, or fined not less than $500 but not more than $1000, or both.
(2)Subsequent offense: The defendant shall be imprisoned in a jail or house of correction for not less than 60 days but not more than 1 year.
(b)Upon a conviction under subsection (2), (3), or (4), of this section the registrar shall extend said suspension of the license or right to operate for an additional 60 days.
(5)No person shall attach or permit to be attached to a motor vehicle or trailer a number plate assigned to another motor vehicle or trailer with the intent to conceal the identity of the motor vehicle or trailer.
(6)No person shall obscure or permit to be obscured the figures on any number plate attached to a motor vehicle or trailer with the intent to conceal the identity of the motor vehicle or trailer.
(7)No person shall fail to display a number plate and registration number duly assigned to a motor vehicle or trailer with the intent to conceal the identity of such motor vehicle or trailer.
(a)A person convicted under subsection (5), (6), or (7) of this section shall be imprisoned in a jail or house of correction for not more than 10 days, or fined not more than $100, or both.
(b)Upon a conviction under subsection (5), (6), or (7) of this section the registrar shall extend said suspension of the license or right to operate for an additional 60 days.
(8)No person shall operate a motor vehicle with a suspended license or right to operate due to being a habitual traffic offender pursuant to section 22F of chapter 90 after being notified by the Registry of Motor Vehicles of such suspension.
(a) A person convicted under this subsection shall be imprisoned in a jail or house of correction for not more than 2 years or fined not less than $500 but not more than $5000, or both.
(b)Upon a conviction under this subsection the registrar shall extend said suspension of the license or right to operate for an additional 60 days.
(9)No person shall operate a motor vehicle with a suspended license or right to operate due to a prior operating under the influence offense under chapter 90, 90B, 90F, or 265, or after being notified by the Registry of Motor Vehicles of such suspension.
(a)A person convicted under this subsection shall be imprisoned in a jail or house of correction for a minimum mandatory term of 60 days but not more than 2 ½ years and fined not less than $1,000 but not more than $10,000. No case commenced under this subsection shall be continued without a finding or placed on file, or subject to the provisions of section 87 of chapter 276.
(b)Upon a conviction under this subsection the registrar shall extend said suspension of the license or right to operate for an additional 1 year.
(10)No person shall operate a motor vehicle under the influence with a suspended license or right to operate due to a prior operating under the influence offense or after being notified by the Registry of Motor Vehicles of such suspension.
(a)A person convicted under this subsection shall be imprisoned in a jail or house of correction for a minimum mandatory term of 1 year but not more than 2 ½ years and fined not less than $2,500 but not more than $10,000. No case commenced under this subsection shall be continued without a finding, or placed on file, or subject to the provisions of section 87 of chapter 276.
(b)Upon a conviction under this subsection the registrar shall extend said suspension of the license or right to operate for an additional 1 year.
(c)A sentence imposed under this subsection shall be served consecutively to and not concurrently with any other sentence or penalty.
(11)A certificate of the registrar or his authorized agent indicating that: (1) a license or right to operate has not been restored; or (2) a certificate of registration has not been restored; or (3) a new license to operate has not been issued; or (4) a new certificate of registration has not been issued shall be admissible as evidence in any court of the commonwealth to prove the facts certified to therein.
A certificate of a clerk of court that a person’s license or right to operate a motor vehicle was suspended for a period of time shall be admissible as prima facie evidence in any court of the commonwealth to prove the facts certified to therein.
(12)In no case shall a person who fails to pay an administrative reinstatement fee without the registrar giving written prior notice mandating payment thereof, be prosecuted for operating after suspension of a license.
(13) Upon a finding by the registrar that a person with a suspended license or right to operate, did operate a vehicle registered to another, the registrar shall, after hearing, suspend the certificate of registration of said motor vehicle for up to 30 days. Immediately, upon suspension, the certificate of registration and the number plates shall be surrendered to the registrar.
SECTION 3. Section 24, 24 ½ , 24A, 24B, 24D, 24E, 24F, 24G, 24H, 24I, 24J, 24K, 24L, 24M, 24N, 24O, 24P, 24Q, 24R, 24S, 24T, 24U, 24V, 24W, and 24X of chapter 90 of the General Laws, is hereby amended by striking each section and inserting in place thereof the following:-
Chapter 90, § 24 - False statements in an application
(1)No person shall falsely make, steal, alter, forge, or counterfeit, a learner’s permit, a license to operate a motor vehicle, an identification card issued under section 8E of this chapter, a special parking identification disability placard, a certificate of registration of a motor vehicle or trailer or an inspection sticker.
(2)No person shall procure or assist another to falsely make, steal, alter, forge, or counterfeit, a learner’s permit, a license to operate a motor vehicle, an identification card issued under section 8E of this chapter, a special parking identification disability placard, a certificate of registration of a motor vehicle or trailer or an inspection sticker.
(3)No person shall forge or use without authority the signature, a facsimile of the signature, or validating signature stamp of the registrar or a deputy registrar upon a genuine, falsely made, stolen, altered, forged, or counterfeited learner’s permit, license to operate a motor vehicle, identification card issued under section 8E of this chapter, a special parking identification disability placard, a certificate of registration of a motor vehicle or trailer, or an inspection sticker.
(4)No person shall have in his possession, utter, publish as true, or in any way make use of a falsely made, stolen, altered, forged, or counterfeited learner’s permit, license to operate a motor vehicle, identification card issued under section 8E of this chapter, a special parking identification disability placard, a certificate of registration of a motor vehicle or trailer or an inspection sticker.
(5)No person shall have in his possession, utter, publish as true, or in any way make use of a falsely made, stolen, altered, forged, or counterfeited signature, facsimile of the signature, or validating signature stamp of the registrar or a deputy registrar.
(a)A person convicted under subsection (1), (2), (3), (4), or (5) of this section shall be imprisoned in a jail or house of correction for not more than 2 years or state prison for not more than 5 years or fined not more than $500.
(b)Upon a conviction under this section the registrar shall suspend the license or right to operate for 1 year. No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(6)No person shall make any false statement in an application for a learner’s permit or license to operate a motor vehicle.
(7)No person shall make any false statement in an application for a registration of a motor vehicle.
(8)No person shall loan to or knowingly permit his learner’s permit or license to operate a motor vehicle to be used by another person.
(a)A person convicted under subsection (6), (7), or (8) of this section shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years, or fined not less than $20 but no more than $200, or both.
(b)Upon a conviction under subsection (6), (7), or (8) of this section the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(1)First offense: 60 days
(2)Subsequent offense within 3 years: 1 year
No appeal or motion for new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(c)A summons may be issued instead of a warrant for arrest upon a complaint for a violation if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24A - Operation of a motor vehicle while drinking alcoholic beverage from open container
(1)No person shall possess an open container or resealed bottle of alcoholic beverage in the passenger area of any motor vehicle while on a public way.
(2)A person convicted under this section shall be fined not less than $100 but not more than $500.
(3)This section shall not apply to passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or the living quarters of a house coach or house trailer.
(4)Notwithstanding the provisions of this section, the driver of any motor vehicle, including a house coach or house trailer, shall not possess an open container of alcoholic beverage.
Chapter 90, § 24B (1) - Negligent/Reckless operation
(1)No person shall operate a motor vehicle on a public way negligently or recklessly so that the lives or safety of the public might be endangered.
(2)A person convicted under this section shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200 dollars, or both.
(3)Upon a conviction under this section the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (2) – Cell phone use while operating causing injury to a vehicle or property
(1)No person shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to any vehicle or property.
For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of a public way intended for travel.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (3) – Cell phone use while operating causing injury to another person
(1)No person shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to any other person.
For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of a public way intended for travel.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (4) – Cell phone by public transportation operator use while operating causing injury to a vehicle or property
(1)No operator of a vehicle or vessel used in public transportation, including a train, passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, Massachusetts Port Authority, or the Massachusetts Department of Transportation, shall use a mobile telephone, hands-free mobile telephone or other mobile electronic device while operating such vehicle or vessel shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to any vehicle or property.
This subsection shall not apply to the operator of a vehicle or vessel used in public transportation using a mobile telephone, hands-free mobile telephone or mobile electronic device in the performance of the operator’s official duties.
In order for the use of any such device to be made “in the performance of the operator’s official duties,” such use must have been made in conformance with applicable written guidelines issued by a public entity listed in this paragraph relative to circumstances when operators are permitted to use said devices in the performance of their official duties or pursuant to directives from federal authorities having regulatory jurisdiction over such public entity’s operations.
It shall be an affirmative defense for an operator under this section to produce evidence that the use of a mobile telephone that is the basis of the alleged violation was in the case of an emergency. For the purpose of this paragraph, an emergency shall mean that the operator needed to communicate with another to report any of the following: (1) that the vehicle or vessel was disabled; (2) that medical attention or assistance was required on the vehicle or vessel; (3) that police intervention, fire department or other emergency services was necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers; or (4) that a disabled vehicle or an accident was present on a roadway.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (5) – Cell phone use by public transportation operator while operating causing injury to another person
(1) No operator of a vehicle or vessel used in public transportation, including a train, passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water shuttle or other equipment used in public transportation owned by, or operated under the authority of the Massachusetts Bay Transportation Authority, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, Massachusetts Port Authority, or the Massachusetts Department of Transportation, shall use a mobile telephone, hands-free mobile telephone or other mobile electronic device while operating such vehicle or vessel shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to any other person.
This subsection shall not apply to the operator of a vehicle or vessel used in public transportation using a mobile telephone, hands-free mobile telephone or mobile electronic device in the performance of the operator’s official duties.
In order for the use of any such device to be made “in the performance of the operator’s official duties,” such use must have been made in conformance with applicable written guidelines issued by a public entity listed in this paragraph relative to circumstances when operators are permitted to use said devices in the performance of their official duties or pursuant to directives from federal authorities having regulatory jurisdiction over such public entity’s operations.
It shall be an affirmative defense for an operator under this section to produce evidence that the use of a mobile telephone that is the basis of the alleged violation was in the case of an emergency. For the purpose of this paragraph, an emergency shall mean that the operator needed to communicate with another to report any of the following: (1) that the vehicle or vessel was disabled; (2) that medical attention or assistance was required on the vehicle or vessel; (3) that police intervention, fire department or other emergency services was necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers; or (4) that a disabled vehicle or an accident was present on a roadway.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (6) – Cell phone use by a person under 18 years of age while operating causing injury to a vehicle or property
(1)No person under 18 years of age shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to a vehicle or property.
For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of a public way intended for travel.
It shall be an affirmative defense for an operator to produce evidence that the use of a mobile telephone, hands-free mobile telephone or mobile electronic device that is the basis of the alleged violation was for emergency purposes. For the purpose of this section, an emergency shall mean that the junior operator used the hands-free mobile telephone or mobile electronic device to communicate with another to report any of the following: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger; or (iv) that a disabled vehicle or an accident was present in the public way.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24B (7) – Cell phone by a person under 18 years of age use while operating causing injury to another person
(1)No person under 18 years of age shall operate a motor vehicle while using a mobile phone or any other handheld device capable of accessing the internet, to manually compose, send or receive an electronic message on any public way negligently so that the lives or safety of the public might be endangered and proximately cause injury to any other person.
For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of a public way intended for travel.
It shall be an affirmative defense for a junior operator to produce evidence that the use of a mobile telephone, hands-free mobile telephone or mobile electronic device that is the basis of the alleged violation was for emergency purposes. For the purpose of this section, an emergency shall mean that the junior operator used the hands-free mobile telephone or mobile electronic device to communicate with another to report any of the following: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger; or (iv) that a disabled vehicle or an accident was present in the public way.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate.
(4)Upon a conviction of this subsection, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5)Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall deposit $187.50 of the $250 collected under this assessment into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24C (1) - Leaving the scene after causing property damage
(1)No person operating a motor vehicle on a public way shall knowingly collide with or otherwise cause injury to any other vehicle or property without stopping and making known his name, residence and the registration number of his motor vehicle.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 2 weeks but not more than 2 years or fined not less than $20 but not more than $200, or both.
(3)Upon a conviction under this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 60 days
(b)Subsequent offense within 3 years: 1 year
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(4)Upon a conviction of this section, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this subsection if there is reason to believe the defendant will appear before the court.
Chapter 90, § 24C (2) - Leaving the scene after causing personal injury
(1)No person operating a motor vehicle on a public way shall knowingly collide with or otherwise cause injury to any person, not resulting in the death of that person, without stopping and making known his name, residence and the registration number of his motor vehicle.
(2)A person convicted of this subsection shall be imprisoned in a jail or house of correction for not less than 6 months but not more than 2 years and fined not less than $500 but not more than $1,000. No case commenced under this subsection shall be continued without a finding or placed on file.
(3)Upon a conviction of this subsection the registrar shall, unless the court or magistrate recommend otherwise, suspend the license or right to operate as follows:
(a)First offense: 1 year
(b)Subsequent offense: 2 years
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(4)Upon a conviction of this section, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
Chapter 90, § 24C (3) - Leaving the scene after causing death
(1) No person operating a motor vehicle on a public way shall knowingly collide with or otherwise cause injury to any person, resulting in death, without stopping and making known his name, residence and the registration number of his motor vehicle.
(2)A person convicted under this subsection shall be imprisoned in a jail or house of correction for a minimum mandatory 1 year but not more than 2 ½ years or state prison for not less than 2 ½ but not more than 10 years with a minimum mandatory term of 1 year and fined not less than $1,000 but not more than $5,000. No case commenced under this subsection shall be continued without a finding or placed on file.
(3)Upon a conviction of this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a) First offense: 3 years
(b)Subsequent offense: 10 years
No appeal or motion for a new trial shall stay the suspension of the license or right to operate provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(4)Upon a conviction of this section, if it appears by the records of the registrar that the person convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
Chapter 90, § 24D- Operating under the influence of intoxicating liquor or other substances
(1)No person shall operate a motor vehicle on a public way while under the influence of intoxicating liquor, drugs, or other substances as defined in section 1 of chapter 94C.
(2)A person convicted under subsection (1) of this section shall be punished as follows:
First Offense: If there is no prior operating under the influence offense, the defendant shall be imprisoned in a jail or house of correction for not more than 2 ½ years or fined not less than $500 but not more than $5,000, or both.
Second Offense: If there is 1 prior operating under the influence offense, the defendant shall be imprisoned in a jail or house of correction for a minimum mandatory term of 30 days but not more than 2 ½ years and fined not less than $600 but not more than $10,000.
Third Offense: If there are 2 prior operating under the influence offenses, the defendant shall be imprisoned in a jail or house of correction for not less than 150 days but not more than 2 ½ years, or state prison for not less than 2 ½ years but not more than 5 years with a minimum mandatory term of 150 days and fined not less than $1,000 but not more than $15,000.
Fourth Offense: If there are 3 prior operating under the influence offenses, the defendant shall be imprisoned in a jail or house of correction for not less than 2 years but not more than 2 ½ years, or state prison for not less than 2 ½ years but not more than 5 years with a minimum mandatory term of 1 year and fined not less than $1,500 but not more than $25,000.
Fifth or Subsequent Offense: If there are 4 or more prior operating under the influence offenses, the defendant shall be imprisoned in a jail or house of correction for not less than 2 ½ years, or be imprisoned in the state prison for not less than 2 ½ years but not more than 5 years with a minimum mandatory term of 2 years and fined not less than $2,000 but not more than $50,000.
Upon a disposition under this section the court shall assess a $250 fee to the person. The court shall transmit $187.50 of the $250 collected under this assessment to the state treasurer to be deposited into the Head Injury Treatment Services Trust Fund. The remaining $62.50 shall be deposited into the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.
Upon a disposition under this section the court shall assess a $50 fee to the person. The court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If the court sentences the person to a correctional facility the outstanding assessment shall be noted on the mittimus.
In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from records of the department of probation, any jail or house of correction, the department of correction, or the registry of motor vehicles, shall be prima facie evidence that the defendant before the court has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or of a like offense from any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant’s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant’s commission of any prior convictions or assignments to alcohol or controlled substance education, treatment, or rehabilitation programs described therein. The commonwealth shall not be required to introduce any additional corroborative evidence, nor live witness testimony to establish the validity of such prior offenses.
No prosecutions under this section shall be continued without a finding except for cases disposed of pursuant to the provisions of subdivision (a) of subsection (3) of this section. No prosecutions under this section shall be placed on file, or subject to the provisions of section 87 of chapter 276. At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this section, the prosecutor may apply for the issuance of a new complaint pursuant to section 35A of chapter 218 alleging a violation of this section and 1 or more prior operating under the influence offenses. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the court receives a report from the commissioner of probation pertaining to the defendant’s record, if any, of prior operating under the influence offenses; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for more than five working days after the date of the defendant’s arraignment. The commissioner of probation shall give priority to requests for such records. Upon any conviction or continuation without a finding under this section, the court shall order that any license issued by the commonwealth be surrendered to the probation department, and disposed of in a manner prescribed by the registrar. The clerk of courts shall notify the registrar forthwith of the disposition.
Upon a disposition for an operating under the influence offense as defined in section (1) of this chapter the probation department, in the court in which the finding was entered, shall provide the defendant a copy of the statutory provisions that apply to any further operating under the influence offense. The statement of statutory provisions shall be prepared by the secretary of public safety.
Upon a disposition for an operating under the influence offense as defined in section (1) of this chapter the court shall ask the defendant whether he was served alcohol prior to his violation at an establishment licensed to serve alcohol. If the defendant answers in the affirmative, the defendant shall provide the name and address of the establishment. The clerk’s office shall provide in writing to the Alcohol Beverage Control Commission the name of the establishment and date of offense given by the defendant. The Alcohol Beverage Control Commission shall inform the named establishment of this incident forthwith. The trial court shall, in conjunction with the Alcohol Beverage Control Commission, promulgate a standard form for reporting and collecting said information. The Alcohol Beverage Control Commission shall provide an annual report including the collected data to the attorney general, each district attorney, and the local liquor licensing authorities.
The provisions of section 6A of chapter 279 shall not apply to a person with a prior operating under the influence offense as defined in section 1 of chapter 90.
If a defendant waives his right to a jury trial pursuant to section 26A of chapter 218 on a complaint under this section he shall be deemed to have waived his right to a jury trial on all elements of the complaint.
(3)Alternative Dispositions
First Offense: If there is no evidence of a prior operating under the influence offense, a person charged or convicted may consent to being placed on probation for not more than 2 years instead of the disposition specified in subdivision (a) of subsection (2) of this section. Offenders with a single prior operating under the influence offense more than 10 years preceding the date of the most recent offense shall be eligible for a disposition under this subdivision. As a condition of this probation, the person shall be ordered to complete an out patient alcohol, drug, or substance abuse program as specified by the court. Offenders who reside out of state, or are a full time student out of state, may at the court’s discretion complete a licensed first offender’s program in that other state, as approved by the Department of Public Health.
If a person is sentenced to an alternative disposition, notwithstanding the provisions of subsection (5) of this section, the court shall impose a suspension of the defendant’s license or right to operate for not less than 45 days nor more than 90 days if said person was over the age of 21 at the time of the offense, or 210 days if said person was under the age of 21 at the time of offense. A person may immediately apply for a hardship license following disposition and enrollment into the treatment program required by this subsection. In all cases where a hardship license is sought, the probation office where the offender is or was on probation will, upon request, furnish the registrar with documentation verifying the person’s status with probation. Hardship licenses under this subsection shall be issued under such terms and conditions as the registrar may prescribe, after the registry is convinced that the issues that this offense(s) arose from have been dealt with by the operator and brought under control. Said hardship license shall be issued, subject to the agency’s discretion, upon a showing of hardship for work, education, or other purpose the registrar deems valid and significant, and shall be for an identical 12 hour period, 7 days a week. In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this section requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. Notwithstanding the above, if the records of the registrar contain additional information regarding operating under the influence offenses, the registrar shall suspend the license in accordance with subsection (5) of this section. A person shall be presumed to be a suitable candidate for this disposition after trial unless otherwise prohibited by this section. In cases where an eligible person is not granted such a disposition should he or she seek it, the court shall make written findings supporting its decision.
Each person placed in such a program shall pay a program fee as determined by the department of public health. The program fee shall not exceed the cost per client to run the program. The department of public health shall compile a schedule of uniform fees for these programs, which shall be changed only after notice and public hearing. The department shall promulgate rules and regulations regarding the process and methodology of setting these fees. No person shall be denied entry into a program where the court, after review and investigation by the probation department, determines that the defendant is indigent, and has filed such an affidavit with the court. The court may then waive or reduce said fee on a case by case basis. Subject to appropriation, the department of public health shall reimburse each program for the costs of services provided to persons for whom payment of a fee has been waived or reduced on the grounds of indigency.
In addition to the program fee, the court shall assess a $250 fee to each person placed in such a program. The court shall transmit the $250 to the state treasurer for the support of programs operated by the commissioner of public health for the investigation, enforcement, treatment and rehabilitation of persons charged with or convicted of operating under the influence. The assessment may be reduced or waived if the court makes written findings that payment would cause the person severe financial hardship.
The alternative disposition programs utilized under this subsection shall be established, administered or approved by the department of public health, who shall have authority to promulgate such regulations as is necessary to govern the content, conduct, operation or approval of these programs. The department of public health shall prepare and publish annually a list of all accepted alcohol treatment and rehabilitation programs, make this list available upon request to members of the public, and annually furnish the commissioner of probation, the registrar, and the secretary of public safety with a copy of said list.
The commissioner of probation shall annually report to the department of public health the number of persons who receive an alternative disposition and the number of persons who have been required by the court to participate in alcohol or controlled substance abuse treatment or rehabilitation programs. In addition, the commissioner of probation, and the chief justice of the district courts and the Boston Municipal Court shall annually report to the department of public health the resources available for alcohol and controlled substance abuse treatment and rehabilitation of alcohol-impaired or controlled substance abuse-impaired drivers. The report shall evaluate the existing resources and shall make recommendations as to any additional resources. The department of public health shall take such reports into consideration in the development, implementation, and review of the state’s alcoholism or controlled substance abuse plan and in the preparation of the division’s annual budget in a manner consistent with the Alcoholism Treatment and Rehabilitation Law.
Second Offense: Notwithstanding the provisions of subsection (2) of this section, in cases where a defendant has only one prior operating under the influence offense, the court, in its discretion, may order the defendant to enter and complete a 14 day in patient program and to participate in an outpatient counseling program designed for such offenders in lieu of the required 30 day minimum mandatory term. This program shall be in addition to any probation ordered under section 24D(2)(b).
The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.
The provisions of this subsection shall not apply to any person who causes serious bodily injury or death to another person during the events that gave rise to the complaint or indictment.
(4)The following persons shall complete an alcohol and drug assessment conducted by the department of public health or other court approved program as a mandatory condition of any sentence imposed:
A person having a percentage, by weight, of alcohol in his blood of .20% or above during an operating under the influence offense; or
A person with a second or subsequent operating under the influence offense.
The assessment shall include at a minimum an evaluation of the level of the offender’s addiction to alcohol and/or drugs and the department’s recommended course of treatment. Such assessment and recommendation shall be reported to the offender’s probation or parole officer. No person shall be excluded from an assessment for inability to pay if the offender files an affidavit of indigency or inability to pay with the court and an investigation by the probation or parole officer confirms such indigency or establishes that such payment would cause a grave and serious hardship to the offender or his family, and the court enters written findings relative thereto. The commissioner of public health may make such rules and regulations as are necessary or proper to carry out this section.
(5)Upon conviction the registrar shall suspend the license or right to operate, based on the number of offenses on the agency’s records, as follows:
First offense: 1 year except for persons that have properly received dispositions pursuant to subsection 3 of section 24D of this chapter. The operator may apply for a hardship license 90 days from the date of conviction, absent any other suspensions.
Second offense: 2 years except for persons that have properly received dispositions pursuant to subsection 3 of section 24D of this chapter. The operator may apply for a hardship license 1 year from the date of conviction, absent any other suspensions.
Third offense: 8 years. The operator may apply for a hardship license 2 years from the date of conviction, absent any other suspensions.
Fourth offense: 10 years. The operator may apply for a hardship license 5 years from the date of conviction, absent any other suspensions.
Fifth or subsequent offense: Lifetime.
Notwithstanding subdivisions (a) through (e) of this subsection, the registrar shall suspend for life a person’s license or right to operate upon an operating under the influence offense if the person has been previously convicted of motor vehicle homicide while under the influence or manslaughter by motor vehicle.
Hardship licenses under this subsection shall be issued under such terms and conditions as the registrar may prescribe, after the registry is convinced that the issues that this offense(s) arose from have been dealt with by the operator and brought under control. Said hardship license shall be issued, subject to the agency’s discretion, upon a showing of hardship for work, education, or other purpose the registrar deems valid and significant, and shall be for an identical 12 hour period, 7 days a week.
If there are 2 prior operating under the influence offenses, the registrar may suspend the registration of a motor vehicle owned by a person for the duration of the suspension of the license or right to operate. No new registration shall be issued to said person during the suspension period.
Chapter 90, § 24E – Implied Consent
(1)Whoever operates a motor vehicle on a public way shall be deemed to have consented to a test of his breath or blood in the event he is arrested with operating a motor vehicle while under the influence of intoxicating liquor. A person brought to a police station or place of detention is deemed to have consented to a test of his breath. A valid breath test under this section shall be one adequate breath sample analysis, followed by one calibration standard analysis, and then by a second adequate breath sample analysis. A person is deemed to have consented to a test of his blood only if he has been brought to a medical facility licensed pursuant to the provisions of section 51 of chapter 111, and the blood is drawn by a physician, registered nurse or certified medical technician; provided further that no person inflicted with hemophilia or any other condition requiring the use of anticoagulants shall be deemed to have consented to the withdrawal of blood. Such test shall be administered by or at the direction of a police officer as defined in section 1 of chapter 90C, having reasonable grounds to believe that the defendant was operating under the influence.
In any prosecution for an operating under the influence offense, evidence of a defendant's blood alcohol content at the time of offense, shown by breath or blood, is relevant and admissible to determine whether the defendant was under the influence of intoxicating liquor as defined in section 1 of this chapter, if test was conducted by or at the direction of a police officer, with the consent of the defendant. Upon the defendant’s request the results of said test shall be made available to him. In any case where a test is given, the defendant shall have the right to have another test done at his own expense, by a physician of his choosing.
Evidence that the defendant refused such test shall not be admissible in a criminal or civil proceeding, but shall be admissible in any action by the registrar in any proceeding provided for in under this section. For purposes of this section, a refusal is either a verbal or written refusal to take a test, or a failure to consent to a test required by this section.
If such evidence is that the blood alcohol content was .05% or less, there shall be a permissible inference that the defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith, absent any other arrestable charges. The officer(s) who placed the defendant in custody shall not be liable for false arrest if there were reasonable grounds to believe that he was operating under the influence.
If the evidence is that such blood alcohol content was more than .05% but less than .08%, there shall be no permissible inference.
If the evidence is that such blood alcohol content was .08% or more, the defendant is deemed to be under the influence as defined in section 1 of this chapter.
A certificate, signed and sworn to, by a chemist of the department of the state police or a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the blood alcohol content shall be prima facie evidence.
(2)Upon any refusal by the person arrested of a test required by this section, after the person has been informed that his license or right to operate a motor vehicle shall be suspended for the refusal, the registrar shall immediately suspend the person’s license or right to operate as follows:
If the person was age 21 or over at the time of offense, and has no prior operating under the influence convictions or been assigned to a program for, the suspension shall be for 180 days.
If the person has 1 prior operating under the influence conviction, or was under age 21 at the time of offense and has no more than 1 prior operating under the influence conviction, the suspension shall be for 3 years.
If the person has 2 prior operating under the influence convictions, the suspension shall be for 5 years.
If the person has 3 or more prior operating under the influence convictions, the suspension shall be for life.
If the person has a prior conviction under sections 24L or 24J of this chapter, the suspension shall be for 10 years.
If the person has a prior operating under the influence conviction pursuant to section 24K of this chapter or a conviction under section 24L of this chapter the suspension shall be for life.
No hardship licenses on suspensions for test refusals shall be granted, except for candidates that have properly received dispositions pursuant to subsection 3 of section 24D of this chapter. Any suspensions under this section shall be consecutive with any suspension or suspension for the underlying operation under the influence offense. Notwithstanding that, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Any person refusing a test under this section shall have a right, at his request, to a hearing before the registrar to determine if grounds exist for the suspension. Any hearing request shall be made within 15 days of the incident giving rise to this suspension. The hearing shall be limited to the issues of whether reasonable grounds exist for the officer’s belief that the person placed under arrest was operating under the influence on a public way at the time of the incident, whether the person was advised of the consequences of the refusal, and did the person refuse or fail to consent to such test. The registrar shall compile a record of the hearing. If the ruling is in the person’s favor, absent any other reason for suspension, the registrar shall restore the person’s license or right to operate. The registrar may promulgate such rules and regulations as is necessary regarding the conduct of these hearings.
If the registrar rules that the suspension for refusal was proper, the appellant may file a petition for judicial review in the district court having jurisdiction over the underlying operation under the influence charge within 30 days of the registrar’s decision. 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.
If a test indicates that a person was operating with a blood alcohol content of .08% or above, the registrar shall immediately suspend the person’s license or right to operate for 30 days, or until the conclusion of the court case, whichever is shorter.
A person whose license or right to operate is suspended under this subsection may appeal the suspension within 10 days of the arraignment to the court where the charges are pending. The appeal shall be limited to the issues of whether a blood test, taken within a reasonable period of time after the arrest, shows a result of less than .08%, or that the test results were not consistent with the requirements of subsection (1) of this section.
If the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(3)Chemical analysis of the breath of a person charged with a violation of this chapter shall not be considered valid under the provisions of this chapter, unless such analysis has been performed by a certified operator, using infrared breath-testing devices according to methods approved by the secretary of public safety. The secretary of public safety shall promulgate rules and regulations regarding satisfactory methods, techniques and criteria for the conduct of such tests, and shall establish a statewide training and certification program for all operators of such devices and a periodic certification program for such breath testing devices; provided, however, that the secretary may terminate or suspend such certification at his discretion.
Said regulations shall include, but shall not be limited to the following:
The chemical analysis of the breath of a person charged be performed by a certified operator using a certified infrared breath-testing device in the following sequence:
(1) one adequate breath sample analysis
(2) one calibration standard analysis
(3) a second adequate breath sample analysis
No person shall perform such a test unless certified by the secretary of public safety
No breath testing device, mouthpiece or tube shall be cleaned with any substance containing alcohol.
The secretary of public safety shall prescribe uniform formats, electronic or otherwise, for reports of such chemical analysis to be used by law enforcement officers and others acting in accordance with the provisions of this chapter. The reports generated in these formats shall be sequentially numbered. Each chief of police or other officer or official having charge or control of a law enforcement agency shall be responsible for the proper availability of these formats. Each party so responsible shall prepare or cause to be prepared such records and reports relating to such uniform formats and their disposition in such manner and at such times as the secretary of public safety shall prescribe.
Upon any failed or refused test under this section the police shall confiscate any license or permit issued by the commonwealth in the possession of the defendant, serve the defendant with a notice of suspension on behalf of the registrar, and impound the operator’s vehicle for a 12 hour period following the incident. The operator shall be responsible for all costs associated with towing, storage and maintenance of the vehicle. In addition, in each case, the police shall prepare a report to the registrar under the pains and penalties of perjury, indicating the following:
a)the grounds the arresting officer had to believe that the defendant was operating under the influence on a public way;
b)the defendant was advised of the consequences of refusing the test;
c)the results of any failed test;
d)whether or not the operator refused or failed to consent to the test;
e)the identity of the officer who advised the defendant of his rights;
f)the identity and certification of the officer who conducted the breath test;
g)the identity of any witness to the test or refusal;
h)that the test was administered in accordance with the regulations and standards promulgated by the secretary of safety; and
i)There was every reason to believe the equipment was functioning properly at the time the test was administered.
The reports specified in this subsection shall be reported to the registrar forthwith in order to expedite the suspension of the license or right to operate, and shall be admissible as prima facie evidence in any administrative action before the registrar.
If a test is an analysis of blood rather than breath, in cases where a test indicates a blood alcohol content of .08% or above, or .02% or above if the operator is under age 21 at the time of offense, the police shall report said result to the registrar, who shall suspend the license consistent with the provisions of this section.
(4)Notwithstanding the findings of any charge, the following additional provisions shall apply to persons under age 21 after having been arrested for an operating under the influence offense:
Upon evidence that a person under the age of 21 had a blood alcohol content of .02% or above or refused to submit to a chemical test or analysis of his breath or blood under this section, shall have his license or right to operate a motor vehicle suspended by the registrar for a period of an additional 180 days. Any person who is less than 18 years of age at the time of such offense shall have his license suspended by the registrar for an additional 1 year.
If a person has not been previously arrested for or charged with operating under the influence, such person shall, if he consents, be assigned to a program specifically designed by the department of public health for the treatment of underage drinking drivers. Upon entry into a program, authorized by this subsection, or a program required by section 24D of this chapter, the suspension of a license or right to operate as required by this subsection shall be waived by the registrar for a person under 21 years of age and over 18 years of age. The suspension shall be reduced to 180 days for a person who was under the age of 18 at the time of such offense. Upon the failure of a person who, at the time of offense was under the age of 21, to successfully complete such program, the registrar shall forthwith suspend such license or permit to operate for 180 days, or for 1 year if the person was under age 18 at the time of offense.
The license, permit, or right to operate of a person convicted of any violation under section 24, 24A, 24B, 24C, 24I or 24J of this chapter, who was under the age of 18 at the time of such violation and whose license or permit to operate was not already suspended under this section for failing or refusing a test, shall have such license or right to operate suspended for an additional period of 180 days for a first offense and for a period of 1 year for a second or subsequent offense.
(5)When a complaint is issued alleging a person has violated section 24D, 24J, or 24K of this chapter, or violated section 8(1) (a), 8A, or 8B of chapter 90B, upon the failure of a police officer to suspend or take custody of the defendant’s license or permit, the judge shall immediately suspend and take custody of the defendant’s license or right to operate in the following instances:
(a)If the prosecutor makes a prima facie showing at arraignment that the defendant was operating a motor vehicle with a blood alcohol content of .08 or greater, or if the defendant is under 21 years of age a blood alcohol content of .02 or greater, as shown by a test of his breath or blood; and the prosecutor presents written certification of oral testimony from the person who administered the test that:
(1)the defendant was given a test;
(2)the person administering the test was trained and certified in the administration of the test;
(3)the test was performed in accordance with regulations and standards promulgated by the secretary of public safety;
(4)the equipment used for the test was regularly serviced and maintained; and
(5)the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered.
The written certification shall be prima facie evidence of the facts contained therein.
Upon a showing of the above facts, the judge shall take immediate physical possession of the license or permit and shall direct the prosecuting officer to immediately notify the Department of Criminal Justice Information Systems and the registrar of such suspension. The defendant’s license or right to operate shall be suspended for a period not to exceed 30 days; or
(b)If the prosecutor makes a prima facie showing at arraignment that the defendant was arrested for operating on any such way or place while under the influence of intoxicating liquor and refused a test of his breath or blood, the judge shall take immediate physical possession of the license or permit and shall direct the prosecuting officer to immediately notify the Department of Criminal Justice Information Systems and the registrar of such suspension. The defendant’s license or right to operate shall be suspended as follows:
If the person was age 21 or over at the time of offense, and has no prior operating under the influence offenses, the suspension shall be for 180 days.
If the person has one prior operating under the influence offense, or was under the age of 21 at the time of offense and has no more than 1 prior operating under the influence offenses, the suspension shall be for 1 year.
If the person has 2 prior operating under the influence offenses, the suspension shall be for 18 months.
No license shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph. If the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Any person whose license or right to operate has been suspended under this section shall have a right, at his request, to a hearing before the registrar to determine if grounds exist for the suspension. Any hearing request shall be made within 10 days of the incident giving rise to this suspension. The hearing shall be limited to the issues of whether or not a blood test administered pursuant to section 24E of this chapter, within a reasonable period of time after a test of his breath, shows that that the blood alcohol content was less than .08% or less than .02% if the person was under the age of 21 at the time of the offense.
If, after a hearing, the court finds the defendant’s blood alcohol content was less than .08% or less than .02% if the person was under the age of 21 at the time of offense, the court shall restore the defendant’s license or right to operate and shall direct the prosecuting officer to immediately notify the Department of Criminal Justice Information Systems and the registrar of such restoration.
(6)Any person whose license or right to operate has been suspended because the person refused to submit to a test of his breath or blood under this section shall have the right, at his request, to a hearing before the court in which the underlying charges are pending to determine if grounds exist for the suspension. Any hearing request shall be made within 10 days of the hearing giving rise to this suspension. The hearing shall be limited to the following issues:
(a)whether or not the police officer had reasonable grounds to believe that the person had been operating a motor vehicle while under the influence of intoxicating liquor on a public way;
(b)whether or not the person was placed under arrest; and
(c)whether or not the person refused to submit to a test of his breath or blood.
If, after a hearing, the court finds in the negative on any one of the issues, the court shall restore the defendant’s license or right to operate and shall direct the prosecuting officer to immediately notify the Department of Criminal Justice Information Systems and the registrar of such restoration.
Chapter 90, § 24F – Ignition Interlock Devices
(1)Any person whose license or right to operate is suspended for 2 or more operating under the influence offenses, or who is operating on a restricted license for such offenses, shall be required to have an ignition interlock device installed on each vehicle that he may own, lease, or operate as a mandatory condition of issuance of a new license or right to operate. The restriction shall remain on the license during the hardship license period and an additional 2 years upon the full restoration of the license. In cases where the person has not been granted a hardship license, the ignition interlock requirement shall be for a 2 year period following the reinstatement of the license or right to operate.
Each device shall be subject to inspection, maintenance, and monitoring as the registrar may prescribe. No ignition interlock device utilized under this section shall allow a vehicle to start if a person’s blood alcohol content exceeds .02%. The registrar shall promulgate such rules and regulations as deemed necessary regarding this section.
The registrar may, after hearing, suspend the license or right to operate of any person who:
(a)removes an ignition interlock device without the written consent of the registrar; or
(b)who fails to have it inspected, maintained or monitored on at least 2 occasions during the requirement period,
if the licensee has:
(a)operated a vehicle with a blood alcohol content that caused the certified ignition interlock device to prevent the vehicle from starting on at least 2 occasions; or
(b)recorded a blood alcohol content in excess of .02% on at least 2 occasions.
(c) In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this subparagraph requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.
The suspension shall be for an extended period or for life. A person aggrieved by the decision of the registrar pursuant to this section may file an appeal in the superior court. If the court determines that the registrar abused his discretion, the court may vacate the suspension or reduce the period ordered by the registrar.
(2)No person required to have an ignition interlock device shall operate a motor vehicle without such a device on a public way.
A person convicted under this subsection shall be imprisoned in a jail or house of correction for not less than 150 days but not more than 2 ½ years, or the state prison for not less than 2 ½ years but not more than 5 years with a minimum mandatory term of 150 days. A fine of not less than $1,000 but not more than $15,000 shall be imposed.
(3)No person shall interfere with or tamper with an ignition interlock device with the intent to disable such device.
A person convicted under this subsection shall be punished by imprisonment in a jail or house of correction for not less than 6 months but not more than 2 ½ years, or state prison for not less than 3 years but not more than 5 years.
(4)No person shall knowingly breathe into an ignition interlock device, or start a motor vehicle equipped with an ignition interlock device, for the purpose of providing an operable motor vehicle to a person under a license restriction requiring an ignition interlock device.
A person convicted under this subsection shall be punished as follows:
(a)First offense: The defendant shall be imprisoned in a jail or house of correction for not less than 6 months but not more than 2 ½ years or punished by a fine of not less than $1,000 but not more than $5,000.
(b)Second or subsequent offense: The defendant shall be imprisoned in state prison for not less than 3 years but not more than 5 years.
(5)A certified copy of a signed acknowledgement of the terms and existence of an ignition interlock device restriction, executed by a person alleged to have violated this section, shall be admissible as prima facie evidence to prove the knowledge of the person who executed the document.
Chapter 90, § 24G – Motor Vehicle Forfeitures
(1)A motor vehicle or vessel owned by a person who has at least 3 prior operating under the influence offenses, as defined in section 1 of chapter 90, may be forfeited to the commonwealth.
(2)A district attorney or the attorney general may petition the superior or district court, in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of such motor vehicle or vessel. The petition shall be filed in the court having jurisdiction over the criminal proceeding brought under this chapter or chapter 90B. The proceeding shall be deemed a civil suit in equity. In all such actions where the motor vehicle or vessel is jointly owned by either a parent, spouse, child, grandparent, brother, sister, or parent of the spouse living in the defendant's household, before the date of the second or subsequent operating under the influence offense committed by the defendant, the commonwealth shall have the burden of proving the existence of probable cause to institute the action. The claimant shall have the burden of proving that the property is not forfeitable because the claimant is dependent on the motor vehicle or vessel for his livelihood or the maintenance of his family.
The court shall order the commonwealth to give notice, by certified or registered mail, to the owners of the motor vehicle or vessel and, to such other persons or entities who appear to have an interest therein. The court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of an owner of the motor vehicle or vessel, the court may continue the hearing on the petition pending the outcome of a criminal trial related to a charge of operating under the influence in violation of this chapter or chapter 90B. During the pendency of the proceedings, the court may issue, at the request of the commonwealth, ex parte, any preliminary order or process necessary to seize and secure the property for which forfeiture is sought. Process for seizure of the property shall issue only upon a showing of probable cause. The application, issuance, execution, and return thereof shall be subject to the provisions of chapter 276, as applicable.
(3)At a hearing under this section, the court shall hear evidence and make findings of fact and conclusions of law, and shall issue a final order. The parties shall have a right of appeal as from a decree in equity. No forfeiture under this section shall extinguish a perfected security interest held by a creditor in the property at the time of the filing of the forfeiture action. In all actions where a proceeding results in forfeiture, the final order shall provide for disposition of the property by the commonwealth in any manner not prohibited by law, including official use by an authorized law enforcement or other agency, or at sale at public auction or by competitive bidding, with such sale being conducted by the office of the district attorney or the attorney general that obtained the final order of forfeiture.
(4)The final order of the court shall provide that the proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, and the balance of any such sale shall be distributed equally among the prosecuting district attorney or attorney general, the city, town or state police department involved in the forfeiture and the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. If more than 1 department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the portion for law enforcement equitably among the departments.
(5)There shall be established within the office of the state treasurer a separate Operating Under the Influence Deterrent Trust Fund for each district attorney and for the attorney general. All monies and proceeds received by a prosecuting district attorney or attorney general pursuant to this section shall be deposited in the fund and shall be expended without further appropriation to defray the costs of investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or for such other law enforcement purposes as the district attorney or attorney general deems appropriate. Any program seeking to be an eligible recipient of the funds shall file an annual audit report with the local district attorney and attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures and board of directors of the program. Within 90 days of the close of the fiscal year, each district attorney and the attorney general shall file an annual report with the house and senate committees on ways and means on the use of the monies in the trust fund for the purposes of deterring operating under the influence programs.
(6)All moneys and proceeds received by a police department shall be deposited into the fund and shall be expended without further appropriation to defray the costs of investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deem appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.
Chapter 90, § 24H - Aggravated OUI
(1)Any person aged 17 to 21 years, inclusive, who commits an operating under the influence offense, and who has a blood alcohol content of .20% or above, shall also be guilty of aggravated operating under the influence, and in addition to the penalties mandated in section 24D of this chapter, shall also be required to enter and complete a 14 day residential treatment program as described in subdivision (b) of subsection (3) of that section. In cases where the person is otherwise qualified for a disposition under subdivision (a) of subsection (3), the person shall be required to complete the 14 day residential program in lieu of the outpatient program specified therein.
Chapter 90, § 24I - Child Endangerment
(1)No person shall operate a motor vehicle on a public way while under the influence of intoxicating liquor, drugs, or other substance with a child 14 years of age or younger in the vehicle.
A person convicted under this section shall be punished as follows:
(a)First offense: The defendant shall be imprisoned in a jail or house of correction for not less than 90 days but not more than 2 ½ years and fined not less than $1,000 but not more than $5,000.
(b)Subsequent offense: If there is a prior conviction for a violation of this subsection or a like offense in another jurisdiction the defendant shall be imprisoned in a jail or house of correction for a minimum mandatory term of 6 months but not more than 2 ½ years, or state prison for not less than 3 years but not more than 5 years with a minimum mandatory term of 6 months and fined not less than $5,000 but not more than $10,000.
Upon a conviction under this section the registrar shall suspend the license or right to operate for an additional period as follows:
(a)First offense: 1 year
(b)Subsequent offense: 3 years
No appeal or motion for a new trial shall stay the suspension of the license or right to operate.
A sentence imposed under this subsection shall be served consecutively to and not concurrently with the underlying operating under the influence offense. No case commenced under this section shall be continued without a finding, or placed on file, or subject to the provisions of section 87 of chapter 276.
Chapter 90, § 24J - Operating under the influence causing serious bodily injury
(1)No person shall operate a motor vehicle on a public way while under the influence of intoxicating liquor, drugs, or other substances and by such operation cause serious bodily injury to another person.
A person convicted under this subsection shall be imprisoned in a jail or house of correction for not more than 2 ½ years or fined not more than $3,000, or both.
(2)No person shall operate a motor vehicle while under the influence of intoxicating liquor, drugs, or other substances on a public way negligently or recklessly so that the lives or safety of the public might be endangered and by such operation cause serious bodily injury to another person.
A person convicted under this subsection shall be imprisoned in a jail or house of correction for a minimum mandatory term of 6 months but not more than 2 ½ years, or state prison for not less than 2 ½ years but not more than 10 years with a minimum mandatory term of 6 months and fined not more than $5,000. No case commenced under this section shall be continued without a finding, or placed on file, or subject to the provisions of section 87 of chapter 276.
(3)Upon a conviction under this section the registrar shall suspend the license or right to operate for 2 years after the date of conviction. No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(4)Notwithstanding the provisions of subdivision (3) above, if a person license or right to operate for life.
(5)Upon a disposition under this section the court shall assess a $50 fee to the person. The court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If the court sentences the person to a correctional facility the outstanding assessment shall be noted on the mittimus.
(6)For purposes of this section “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.
Chapter 90, § 24K (1) – Misdemeanor motor vehicle homicide – negligently or recklessly
(1)No person shall operate a motor vehicle on a public way negligently or recklessly so that the lives or safety of the public might be endangered and by such operation cause the death of another person.
A person convicted under this subsection shall be imprisoned in a jail or house of correction for not less than 30 days but not more than 2 ½ years or fined not less than $300 but not more than $3,000, or both. No case commenced under this subsection shall be continued without a finding or placed on file.
Upon a conviction under this subsection the registrar shall suspend the license or right to operate as follows:
(a)First offense: 15 years after the date of conviction
(b)Subsequent offense: Lifetime
No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Upon a disposition under this section the court shall assess a $50 fee to the person. The court shall transmit the $50 to the state treasurer to be deposited into the Victim’s of Drunk Driving Trust Fund. The assessment shall not be subjected to waiver by the court for any reason. If the court sentences the person to a correctional facility the outstanding assessment shall be noted on the mittimus.
Chapter 90, § 24K (2) – Misdemeanor motor vehicle homicide - under the influence
(2)No person shall operate a motor vehicle on a public way under the influence of intoxicating liquor, drugs, or other substances and by such operation cause the death of another person.
A person convicted under this subsection shall be imprisoned in the jail or house of correction for not less than 30 days but not more than 2 ½ years or fined not less than $300 but not more than $3,000, or both. No case commenced under this subsection shall be continued without a finding or placed on file.
Upon a conviction under this subsection the registrar shall suspend the license or right to operate as follows:
(a)First offense: 15 years after the date of conviction
(b)Subsequent offense: Lifetime
Notwithstanding the provisions of subdivision (b) above, if a person is convicted under this subsection and has a prior operating under the influence offense, the registrar shall suspend his license or right to operate for life.
No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Upon a disposition under this section the court shall assess a $50 fee to the person. The court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If the court sentences the person to a correctional facility the outstanding assessment shall be noted on the mittimus.
Chapter 90, § 24K (3) – Felony motor vehicle homicide
(3)No person shall operate a motor vehicle negligently or recklessly on a public way so that the lives or safety of the public might be endangered while under the influence of intoxicating liquor, drugs, or other substances and by such operation cause the death of another person.
A person convicted under this subsection shall be imprisoned in a jail or house of correction for a minimum mandatory term of 1 year but not more than 2 ½ years, or state prison for not less than 2 ½ years but not more than 15 years with a minimum mandatory term of 1 year and fined not more than $5,000. No case commenced under this subsection shall be continued without a finding or placed on file.
Upon a conviction under this subsection the registrar shall suspend the license or right to operate as follows:
(a)First offense: 15 years after the date of conviction
(b)Subsequent offense: Lifetime
No appeal or motion for a new trial shall stay the suspension of the licenseor right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Notwithstanding the provisions of subdivision (b) above, if a person is convicted under this subsection and has a prior operating under the influence offense, the registrar shall suspend his license or right to operate for life.
Upon a disposition under this section the court shall assess a $50 fee to the person. The court shall transmit the $50 to the state treasurer to be deposited into the Victims of Drunk Driving Trust Fund. The assessment shall not be subject to waiver by the court for any reason. If the court sentences the person to a correctional facility the outstanding assessment shall be noted on the mittimus.
Chapter 90, § 24L - Manslaughter by motor vehicle
(1)No person shall operate a motor vehicle wantonly and recklessly on a public way while under the influence of intoxicating liquor, drugs, or other substances and by such operation cause the death of another person.
A person convicted under this section shall be imprisoned in state prison for a minimum mandatory term of 5 years but not more than 20 years and fined not more than $25,000.
(b)Upon a conviction of this section the registrar shall suspend the license or right to operate for 15 years to life. Any person aggrieved by the registrar’s decision may file an appeal in the superior court. If the court determines that the registrar abused his discretion, the court may vacate and reduce the suspension of the license or the right to operate as ordered by the registrar. In no case shall the suspension period be less than 15 years.
No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(c)Notwithstanding the provisions of paragraph (b) above, if a person convicted under this section has a prior operating under the influence offense, the registrar shall suspend his license or right to operate for life.
Chapter 90, § 24M - Alcohol education for law enforcement personnel; duties of officials and agencies
The officials and agencies designated in this section are hereby directed to perform the duties in this section and any other action within their authority in order to ensure effective enforcement of chapter 90 section 24 to 24M, inclusive.
(1)The municipal police training committee established in section 116 of chapter 6 shall provide training, including but not limited to, education concerning the aforesaid sections to all law enforcement personnel throughout the commonwealth.
(2)The chief administrative justice of the trial court department shall provide training, including but not limited to education concerning the aforesaid sections to all appropriate court personnel throughout the commonwealth, including but not limited to, judges, district attorneys and probation officers.
(3)The courts of the Commonwealth shall give priority to the speedy and effective disposition of all matters under the aforesaid sections.
(4)The executive office of public safety shall establish and implement an alcohol sensitive selective traffic enforcement program.
SECTION 4. Chapter 90B of the General Laws is hereby amended by adding the following:-
Section 8B ½ -
(5)No person shall operate a vessel on the waters of the commonwealth wantonly and recklessly while under the influence of intoxicating liquor, drugs, or other substances and by such operation cause the death of another person.
A person convicted under this section shall be imprisoned in state prison for a minimum mandatory term of 5 years but not more than 20 years and fined not more than $25,000.
Upon a conviction of this section the registrar shall suspend the person’s license or right to operate for 15 years to life. Any person aggrieved by the registrar’s decision may file an appeal in the superior court. If the court determines that the registrar abused his discretion, the court may vacate and reduce the suspension of the license or suspension of the right to operate as ordered by the registrar. In no case shall the suspension or suspension period be less than 15 years.
No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
Notwithstanding the provisions of paragraph (b) above, if a person convicted under this section has a prior operating under the influence offense, the registrar shall suspend his license or right to operate for life
SECTION 5. Section 13 ½ of chapter 265 of the General Laws is hereby repealed.
SECTION 6. Section 28 of chapter 266 is hereby amended by inserting at the end:-
(a)Whoever knowingly uses a motor vehicle without authority shall be punished as follows:
(1)First offense: The defendant shall be imprisoned in the jail or house of correction for not less than 30 days but not more than 2 years, or fined not less than $50 but not more than $500 or both.
(2)Second offense: The defendant shall be imprisoned in jail or house of correction for not less than 30 days but not more than 2 ½ years, or state prison for not more than 5 years, or fined not less than $1000, or both.
(3)Third offense within 5 years: The defendant shall be imprisoned in jail or house of correction for not less than 6 months but not more than 2 ½ years, or state prison for not less than 2 ½ years but not more than 5 years, or a fine of not less than $200 but not more than $1,000, or both.
Upon a conviction of this subsection the registrar shall, unless the court or magistrate recommends otherwise, suspend the license or right to operate as follows:
(a)First offense: 1 year
(b)Subsequent offense: 3 years
No appeal or motion for a new trial shall stay the suspension of the license or right to operate, provided; however, that if the prosecution against such person has terminated in his favor, the registrar shall immediately reinstate his license or right to operate provided; however, if the charges against the person are dismissed, or the person is found not guilty, the person may immediately file a motion before the judge that heard the case, for the purpose of seeking restoration of the license or right to operate. At said hearing, if the court finds that the charges were resolved in favor of the defendant, that there are no alcohol related charges pending in any court, and that there is no evidence before the court based on a preponderance of the evidence that reinstatement of the license or right to operate would endanger the public, there shall be a presumption that the court shall order that this particular suspension be terminated.
(4)Upon a conviction of this section, if it appears from the records of the registrar that the person convicted is the owner of the motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may suspend the certificate of registration of any or all motor vehicles owned or exclusively controlled by the person.
(5) A summons may be issued instead of a warrant for arrest upon a complaint for a violation of this section if there is reason to believe the defendant will appear before the court.
If a motor vehicle is used in connection with the commission of a felony, of any larceny, or of any offense punishable under any provision of sections 22, 113 to 117, inclusive, and 120 of chapter 266, or sections 13 of 269, of which a person is convicted, the material facts relative to such use, including the registration number of the vehicle, so far as disclosed in the proceedings, shall be reported forthwith to the registrar by the clerk of the court in which the underlying conviction occurs.
SECTION 7. Section 28(a) of chapter 266 is hereby amended by inserting subsection (d) as follows:-
(d) Persons convicted of using a motor vehicle without authority under the provisions of paragraph (a) of section 28 shall be liable in a civil action to the owner of such vehicle, if it is recovered, for all towing and storage charges necessitated and all property damage caused to said vehicle by such use without authority.
SECTION 8. Section 24(2) (a) of chapter 90 is hereby amended by striking from lines 720, 721, 722, and 723 the following:- or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen
SECTION 9. Chapter 90 of the General Laws is hereby amended after section 17B by adding the following:-
Section 17B ½. No person shall operate a motor vehicle on a public way upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen. Whoever violates this section shall be punished by imprisonment for not less than 2 weeks but not more than 2 years or a fine of not less than twenty dollar nor more than two hundred dollars, or both.
SECTION 10. Chapter 266 of the General Laws is hereby amended by adding the following:-
Section 29A -
(6) No person shall remove an abandoned or stolen motor vehicle on a public way as defined in section 1 of chapter 90 without the express consent of the owner of such vehicle or without the written permission of the police department. The owner or operator of a motor vehicle that is designed to carry or tow another vehicle shall be licensed for that specific purpose or as a towing service.
The owner of any machine that is designed to crush, mutilate or destroy a motor vehicle, whether the machine be mobile or affixed permanently, shall have that machine listed with the registry of motor vehicles.
If the owner or agent of a salvage or junk yard transports crushed or mutilated vehicles without the commonwealth for purposes of resale, the operator of the transporting vehicle shall carry a list of the vehicles being transported, and a copy of such list shall be forwarded to said registrar.
(c) Any person convicted under this section shall be imprisoned for not less than 2 years, a fine of not less than $1,000, or both.
(d) Any person convicted under this section shall forfeit, to the registrar, any license issued which is related to such violation.
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An Act requiring only a justice to remove a trial default of a defendant who fails to appear at trial | H1668 | HD2730 | 193 | {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:57:37.107'} | [{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-19T15:57:37.1066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1668/DocumentHistoryActions | Bill | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1668) of Christopher M. Markey relative to the removal of a trial default of defendants who fail to appear at trial. The Judiciary. | Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 29, after paragraph 3 by adding the following paragraph:-
"A person who is arrested as a result of a trial default warrant, shall only be subject to bail by a justice in the issuing court or a justice in the district in which such warrant was executed, and prior to any release such person may be required to pay all or a portion of any cost imposed by the issuing justice, unless remitted by the presenting justice. Such type of trial default warrant shall be distinctly and separately identified as “Trial Default Warrant” on the docket sheet and in Criminal Offender Registration Index, and in the Massachusetts Warrant System (MWS). A “Trial Default Warrant” is a default warrant issued by a justice, on the day a person is scheduled to appear in court for a trial and such person fails to appear for trial, and the Commonwealth provides a list of witnesses who have appeared with a certification that the Commonwealth was ready for trial, and such failure to appear is without justifiable excuse. Such certification of the Commonwealth must be placed with the clerk on the day of the warrant is issued."
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An Act relative to the offense of assault and battery upon a transit worker | H1669 | HD2288 | 193 | {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-19T12:08:39.977'} | [{'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-19T12:08:39.9766667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-09T15:07:54.3433333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-10T10:24:55.91'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-14T10:26:28.09'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-21T09:41:31.93'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-27T12:55:26.4133333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-03T10:40:19.09'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-03-03T10:40:02.09'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-03-03T10:44:27.43'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-03-06T10:41:49.5733333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-07T11:23:15.1066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-07T15:14:22.11'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-07T15:14:11.1566667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-09T09:38:46.6833333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-10T10:33:03.46'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-10T10:32:55.6766667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-03-10T10:32:53.2533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-10T10:32:39.35'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-29T09:47:17.4033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T09:42:31.2733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-10T12:06:09.58'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-13T09:28:37.8566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1669/DocumentHistoryActions | Bill | By Representative McGonagle of Everett, a petition (accompanied by bill, House, No. 1669) of Joseph W. McGonagle, Jr., and others relative to the offense of assault and battery upon transit workers. The Judiciary. | SECTION 1.Chapter 265 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 13D ½ the following section:-
Section 13D ¾. (a) For the purposes of this section, “bodily substance” shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.
(b) Whoever commits an assault and battery upon a public transit worker when such person is engaged in the performance of his duties at the time of such assault and battery shall be punished by imprisonment for not less than 90 days nor more than 2 1/2 years in a house of correction or by a fine of not less than $500 nor more than $5,000.
An officer authorized to make arrests may arrest any person upon probable cause and without a warrant if the person has committed an offense under this section upon a transit worker when the employee was operating a public transit vehicle and the officer may keep the person in custody during which period the officer shall seek the issuance of a complaint and request a bail determination with all reasonable promptness.
Assault and battery upon a public transit worker shall include acts of expectorating or flinging a bodily substance at or onto a transit worker or of throwing or flinging any unspecified fluid at or onto a transit worker while such person is engaged in the performance of their duties.
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An Act to provide a pilot program for low interest loans to families with a child suffering from a terminal illness | H167 | HD3472 | 193 | {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T12:59:50.77'} | [{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T12:59:50.77'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H167/DocumentHistoryActions | Bill | By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 167) of Paul K. Frost relative to providing low interest loans to families with children suffering from terminal illnesses. Children, Families and Persons with Disabilities. | SECTION 1. The Commonwealth, through the Department of Health and Human Services, shall institute a pilot program to provide a one time loan, up to and not in excess of ten thousand dollars to thirty individuals in the Commonwealth to assist them in the payment of expenses directly resulting from expenditures incurred due to a child being diagnosed with a terminal illness.
SECTION 2. The application process for the purpose of meeting the eligibility requirements for this act shall be in accordance with the standards and guidelines established by the Department of Public Health. The definition of “terminal illness” for the purpose of this Act shall mean an illness which is likely, within a reasonable degree of medical certainty, to cause death within six months.
SECTION 3. The terms of the loan shall be determined by the Department of Health and Human Services and shall not exceed in any situation an amount greater than ten thousand dollars. Interest collected on the loan shall be set at either 2% or the current interest rate at the time of the loan; whichever is higher.
SECTION 4. The loan shall only be used for those expenditures incurred as a direct result of attending to the terminally ill family member. Receipts, bills, cancelled checks or any other form of payment shall be available to the Department of Public Health upon request to verify any expenditures relative to the loan.
SECTION 5. Upon meeting the eligibility requirements for the loan, said loan shall be placed in a separate account with access for both Department of Health and Human Services and the individual who accepted the loan.
SECTION 6. Repayment of the loan with the appropriate interest shall begin one year to the date after the loan was issued to the recipient. Payment will be due on the first of the month until the terms set in the loan agreement are paid in full. Failure to comply with the terms of the loan agreement at any time shall result in the rate of interest being set at 15% for the remainder of the loan.
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An Act relative to streamline the judicial review of local land use decisions | H1670 | HD2316 | 193 | {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-19T12:17:55.573'} | [{'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-19T12:17:55.5733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1670/DocumentHistoryActions | Bill | By Representative McGonagle of Everett, a petition (accompanied by bill, House, No. 1670) of Joseph W. McGonagle, Jr., relative to judicial review of local land use decisions. The Judiciary. | SECTION 1. The second paragraph of Section 17 of chapter 40A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following paragraphs:-
If the complaint is filed by someone other than the original applicant, appellant or petitioner, such original applicant, appellant, or petitioner and all members of the board of appeals or special permit granting authority shall be named as parties defendant with their addresses. To avoid delay in the proceedings, instead of the usual service of process, the plaintiff shall within fourteen days after the filing of the complaint, send written notice thereof, with a copy of the complaint, by delivery or certified mail to all defendants, including the members of the board of appeals or special permit granting authority and shall within twenty-one days after the entry of the complaint file with the clerk of the court an affidavit that such notice has been given. If no such affidavit is filed within such time the complaint shall be dismissed. No answer shall be required but an answer may be filed and notice of such filing with a copy of the answer and an affidavit of such notice given to all parties as provided above within seven days after the filing of the answer. Other persons may be permitted to intervene, upon motion. The clerk of the court shall give notice of the hearing as in other cases without jury, to all parties whether or not they have appeared.
The board of appeals or special permit granting authority shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, decisions, and, if available, a true and correct transcript of its proceedings. If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for purposes of establishing the record. The court may not accept or consider any evidence outside the record of the board of appeals or special permit granting authority unless that evidence was offered to the board of appeals or special permit granting authority, respectively, and the court determines that it was improperly excluded from the record.
The court shall examine the record upon which the decision of the board of appeals or special permit granting authority is based, and upon such record determine only whether or not the decision is arbitrary, capricious, or illegal. A decision of a board of appeals or special permit granting authority is valid if the decision is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.
The foregoing remedy shall be exclusive, notwithstanding any defect of procedure or of notice other than notice by publication, mailing or posting as required by this chapter, and the validity of any action shall not be questioned for matters relating to defects in procedure or of notice in any other proceedings except with respect to such publication, mailing or posting and then only by a proceeding commenced within ninety days after the decision has been filed in the office of the city or town clerk, but the parties shall have all rights of appeal and exception as in other equity cases.
SECTION 2. Section 17 of chapter 40A, as so appearing, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-
A non-municipal plaintiff seeking to reverse approval of a project under this section shall post a bond in an amount to be set by the court that is sufficient to cover twice the estimated: (1) annual carrying costs of the property owner, or a person or entity carrying such costs on behalf of the owner for the property, as may be established by affidavit; plus (2) an amount sufficient to cover the defendants attorney’s fees, all of which shall be computed over the estimated period of time during which the appeal is expected to delay the start of construction. The bond shall be forfeited to the property owner in an amount sufficient to cover the property owner’s carrying costs and legal fees less any net income received by the plaintiff from the property during the pendency of the court case in the event a plaintiff does not substantially prevail on its appeal.
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An Act granting Indian tribes access to the Massachusetts courts | H1671 | HD3608 | 193 | {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-20T13:26:53.507'} | [{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-20T13:26:53.5066667'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-31T15:55:57.2833333'}] | {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-20T13:26:53.507'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1671/DocumentHistoryActions | Bill | By Representatives McKenna of Webster and Durant of Spencer, a petition (accompanied by bill, House, No. 1671) of Joseph D. McKenna and Peter J. Durant relative to Indian tribe access to the Massachusetts courts. The Judiciary. | Chapter 221 of the General Laws as appearing in the 2020 Official Edition is hereby amended by adding the following new section:
SECTION X:
Section 1. Individual or individuals serving on behalf of an Indian Tribe that has received official recognition by the Commission on Indian Affairs shall be granted permission to represent said Tribe on matters before the full legal system of Massachusetts and shall not be deemed to be in violation of M.G.L. Chapter 221, section 41, M.G.L. Chapter 221, Section 46A, or any other statute prohibiting self-representation or fraudulent practice of law.
Section2. Any individual or individuals representing an Indian Tribe before the courts in Massachusetts must submit to the courts an affidavit attesting to their status as a non-lawyer, that they have not passed the Massachusetts bar, and that they are not representing themselves to be a licensed practitioner of law. Failure to provide such affidavit shall constitute a violation of M.G.L. Chapter 221, sections 41 and 46A.
Section 3. Such rights and privileges of ‘self-representation’ may only extend full Tribal matters and shall not extend to individual members of such Tribes.
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An Act to ensure backyard privacy | H1672 | HD301 | 193 | {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:18:03.33'} | [{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:18:03.33'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-09-21T15:27:18.4433333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-15T20:32:38.32'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1672/DocumentHistoryActions | Bill | By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 1672) of Joseph D. McKenna and Michael J. Soter relative to the videotaping or taking of moving digital images of activities in the backyard of certain adjoining residential properties. The Judiciary. | Section 1.
MGL Chapter 272 is amended by adding the following new section:
SECTION XX:
Section 1. Any owner or tenant of residential real property shall have a private right of action for damages against any person who installs or affixes a video imaging device on property adjoining such residential real property for the purpose of video taping or taking moving digital images of the activities which occur in the backyard of the residential real property without the written consent thereto of such owner and/or tenant with intent to harass, annoy, or alarm another person, or with intent to threaten the person or property of another person. The provisions of this section shall not apply to any law enforcement personnel engaged in the conduct of their authorized duties.
Section 2. For the purposes of this section , “backyard” shall mean that portion of the parcel on which residential real property is located which extends beyond the rear footprint of the residential dwelling situated thereon, and to the side and rear boundaries of such parcel extending beyond the rear footprint of such residential dwelling.
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An Act relative to illegal drug and firearm trafficking | H1673 | HD2952 | 193 | {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T19:20:13.353'} | [{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-19T19:20:13.3533333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-08T14:39:07.86'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-15T20:32:17.0733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1673/DocumentHistoryActions | Bill | By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 1673) of Joseph D. McKenna, Angelo L. D'Emilia and Michael J. Soter relative to trafficking certain illegal drugs and firearms. The Judiciary. | SECTION 1. Chapter 94C of the General Laws shall be amended by adding the following new section:
Section 32O: Illegal Trafficking of Opioids, Heroin, Firearms.
(a) Whoever is found guilty for trafficking substances under section 32E paragraphs (c) or (c1/2) of this chapter and is concurrently or separately found guilty of any of sections 10E, 10I, 10J, or 10K of Chapter 269 regarding the trafficking or theft of firearms, rifles, shotguns or machine guns shall be punished by a term of up to life imprisonment in the state prison, that said sentence may include a fine of not more than $500,000.
SECTION 2. A prosecution commenced under this section shall not be placed on file or continued without a finding.
SECTION 3. A person convicted of violating this section shall not be eligible for furlough, work release, temporary release or receive any deduction from his sentence for good conduct under sections 129C or 129D of chapter 127.
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An Act to allow samples at farmers markets | H1674 | HD1251 | 193 | {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T12:12:18.323'} | [{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T12:12:18.3233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1674/DocumentHistoryActions | Bill | By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1674) of Paul McMurtry relative to the liability of farmers’ markets. The Judiciary. | SECTION 1. Section 10 of chapter 40 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:-
Any person who displays, exhibits or sells their homemade or home grown products or produce within the commonwealth at public farmers’ markets and farm stands shall be allowed to provide customers with taste samples of their products without incurring any liability. Conformity to sanitary health codes and requirements such as sinks and heating apparatus shall not be applicable under this paragraph.
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An Act to promote housing stability | H1675 | HD1571 | 193 | {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T15:42:36.29'} | [{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T15:42:36.29'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:55:08.3633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1675/DocumentHistoryActions | Bill | By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1675) of Paul McMurtry and Vanna Howard relative to the recovery of withheld rent. The Judiciary. | SECTION 1. Section 8A of chapter 239 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the fourth paragraph in its entirety and inserting in place thereof the following:-
“There shall be no recovery of possession pursuant to this chapter pending final disposition of the plaintiff's action if the court finds that the requirements of the second paragraph have been met. The court after hearing the case may require the tenant or occupant claiming under this section to pay to the clerk of the court the fair value of the use and occupation of the premises less the amount awarded the tenant or occupant for any claim under this section. Notwithstanding the foregoing, in the event the originally scheduled trial date is continued for any reason and any party to the action moves the court to establish a rent escrow pending a final decision on the merits of the case, the court shall promptly hear said motion in accordance with the rules governing summary process matters and order said tenant or occupant to make deposits with the clerk, plaintiff’s attorney or other secure depository, the fair market value of the premises on account of use and occupation of the premises in such amount(s) or in such installments thereof from time to time as the court deems just. In the event any tenant or occupant fails to abide by the court’s rent escrow order, then in that event the court, upon the filing of a motion by the aggrieved party, shall order the matter to be scheduled for a bench trial on the earliest available date and make such other and/or further orders as the court deems just.”
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An Act establishing responsible employer duty to the overall safety at the job site | H1676 | HD4025 | 193 | {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-20T16:07:59.947'} | [{'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-20T16:07:59.9466667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1676/DocumentHistoryActions | Bill | By Representative Mendes of Brockton, a petition (accompanied by bill, House, No. 1676) of Rita A. Mendes relative to liability for injuries and damages occurring at work sites. The Judiciary. | The construction supervisor who signs the application for a building permit shall be termed the controlling contractor and be responsible for overall safety on the job site and shall insure all work is performed in accordance with all local, state, and federal laws and regulations, and industry standards. regarding safety and construction standards.
Any person who performs construction work without first obtaining a required by law building permit shall be personally liable for all injuries and damages occurring at the work site where the construction work was performed. This section excludes residential homeowners who reside at the property where the work was performed.
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An Act to create access to justice | H1677 | HD1581 | 193 | {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:06:55.96'} | [{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:06:55.96'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-13T15:46:17.0533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:37:05.6666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:18:18.0933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:05:41.17'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-23T05:40:10.66'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-03-22T12:14:48.2866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T12:58:27.3766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T10:54:43.47'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-13T16:51:11.0666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:34:18.71'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T09:51:55.7866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T17:33:48.03'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T11:39:56.6033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:30:54.1633333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T11:15:24.64'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T07:04:41.9133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:37:31.1133333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-27T13:39:13.6466667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1677/DocumentHistoryActions | Bill | By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1677) of Joan Meschino and others relative to access to justice for persons aggrieved by actions of intentional discrimination. The Judiciary. | SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 11N the following section:-
Section 11O.
(a) Definitions. For the purposes of this Section the following terms shall have the following meanings:
“Age” means forty years of age or older unless a different meaning clearly appears from the context.
“Disability” means (a) a physical or mental impairment, including, but not limited to an intellectual, developmental, psychiatric, sensory or learning impairment, which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment, but such term shall not include current, illegal use of a controlled substance as defined in section one of chapter ninety-four C.
“Major life activities” means functions, including, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
“Familial status” means one or more individuals (a) being or seeking to become pregnant; (b) being in the process of securing legal custody of a person who has not attained the age of 18 years; (c) being the parent or another person with legal custody of an individual who has not attained the age of 18 years and is domiciled with said parent or legal custodian; or (d) being a person with whom an individual who has not attained the age of 18 is domiciled with the written permission of such parent or legal custodian.
“Discriminatory effect” means the following: a program, policy or practice has a discriminatory effect if it is reasonably foreseeable that it will have the effect of excluding or partially excluding from participation, disadvantaging, harming, denying one or more benefits to, causing a disparate impact upon, or otherwise discriminating against a person based on or because of one or more of the person’s protected characteristics, even if not motivated by a discriminatory intent. A disparate impact occurs when a program, policy or practice disproportionately disadvantages persons based on or because of protected characteristics or perpetuates or will tend to perpetuate segregation, even if not motivated by discriminatory intent. A person claiming to be aggrieved by a Unit of Government’s program, policy or practice that has a discriminatory effect may pursue a claim pursuant to subsection (c) of this Section if that person has or predictably will be injured by the program, policy or practice.
“Legally sufficient justification” means the program, policy or practice:
(1) is necessary to achieve one or more identified compelling interests of the Unit of Government and effectively carries out the identified interests;
(2) is narrowly tailored to serve the identified interests;
(3) the identified interests could not be served by a less discriminatory alternative; and,
(4) the justification is supported by evidence that is not hypothetical or speculative.
Demonstrating that the program, policy or practice is supported by a legally sufficient justification as defined in this Section is not a defense to a claim of intentional discrimination.
“Person” means one or more individuals, unincorporated or incorporated organizations, partnerships, associations, legal representatives, trustees, tribal governments, or receivers, including individuals or organizations engaged in civil rights testing.
“Prevailing party” means a party who obtains some requested relief through a judicial judgment or court-approved settlement agreement in that party’s favor, or whose pursuit of a claim was a catalyst for a unilateral change in position by the Unit of Government relative to the relief sought.
“Program, policy or practice” means, without limitation, one or more actions, operations, policies, practices, programs, criteria and methods of administration of a Unit of Government.
“Protected characteristic” means race, color, religion, national origin, ethnicity, ancestry, citizenship or immigration status, limited English proficiency, genetic information, sex, gender identity or gender expression, sexual orientation, age, disability, medical condition, familial status, pregnancy, status as a veteran or member of the armed forces, or recipient of public assistance, rental assistance or housing subsidy, or any characteristic protected by the Commonwealth.
“Unit of Government” means any executive office, department, agency or subdivision of the Commonwealth including, without limitation, counties, cities, towns, offices, boards, commissions, and authorities; any persons employed by or contracting with a unit of government, and any programs or activities conducted, operated or administered by, or funded directly or otherwise receiving financial or in-kind assistance from, a unit of government.
(b) No Unit of Government shall directly or indirectly:
(1) exclude or partially exclude from participation, disadvantage, harm, deny one or more benefits to, or otherwise subject a person to discrimination based on or because of one or more of the person’s protected characteristics; or
(2) adopt, implement or without limitation otherwise approve or utilize any program, policy or practice that has a discriminatory effect.
(c) Any person or class of persons claiming to be aggrieved by a violation of subsection (b) may institute and prosecute a civil action in the District, Superior, Housing, Juvenile, Family and Probate, Boston Municipal, or Land Court Department for injunctive and other appropriate equitable relief including an award of actual damages, and for violations of intentional discrimination, an award of punitive damages. This civil action must be filed not later than three years after a violation of subsection (b). Any aggrieved person who prevails in an action authorized by this Section shall be entitled to an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in an amount to be fixed by the court, and prejudgment and post-judgment interest. The attorney general may, in like manner, also commence a civil action to seek relief for a violation of subsection (b).
(d) Burdens of proof in actions for discriminatory effect brought pursuant to this Section.
(1) The plaintiff has the burden of proving that a challenged program, policy or practice caused or is reasonably likely to cause a discriminatory effect without having to prove intent to discriminate.
(2) Once the plaintiff satisfies the burden of proof set forth in subsection (d)(1) of this Section, the defendant has the burden of proving that the challenged program, policy or practice meets all of the elements of a legally sufficient justification as defined in subsection (a) of this Section.
(3) If the defendant satisfies the burden of proof set forth in subsection (d)(2), the defendant must also prove that there is no other program, policy or practice that has a less discriminatory effect which could serve the identified compelling interest or interests.
(e) A challenged program, policy or practice must be a contributing cause of the discriminatory effect complained of but not necessarily the direct or proximate cause.
(f) Except for claims that are subject to administrative exhaustion within the Massachusetts Commission Against Discrimination as set forth in Chapter 151B of the General Laws and other statutes conferring jurisdiction on the Massachusetts Commission Against Discrimination, nothing in this Section is intended to require a person seeking to enforce the protections afforded herein to exhaust any administrative remedies applicable to discrimination claims under this Section or other laws, or to prevent or limit a person from filing a complaint at the Massachusetts Commission Against Discrimination under the procedures set out in Chapter 151B of the General Laws or any other anti-discrimination law of the Commonwealth and implementing regulations.
(g) This Act is intended to be liberally construed to effectuate the broad, remedial goal of eradicating discrimination by Units of Government, whether intentionally or through an unjustified discriminatory effect, and securing access to the judicial process for aggrieved parties to enforce their rights for all matters that are not actionable under Chapter 151B or other laws within the jurisdiction of the Massachusetts Commission Against Discrimination. Any state or federal statute or regulation, which is inconsistent with this goal or any provision of this Section, or which imposes additional obstacles or restrictions on aggrieved parties, shall not apply.
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An Act relative to privileged communications | H1678 | HD2577 | 193 | {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:10:59.703'} | [{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-09T15:10:59.7033333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1678/DocumentHistoryActions | Bill | By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1678) of Joan Meschino relative to privileged communications. The Judiciary. | SECTION 1. Section 15 of chapter 19A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following subsection:-
(g) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that an elderly person is suffering from or has suffered from abuse became known to the person in connection with his or her retention by the attorney or his or her employment by the legal service provider.
SECTION 2. Section 1 of chapter 19C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “condition.”, in line 33, the following:-
A “mandated reporter” shall not include a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the person becomes aware of a reportable condition in connection with his or her retention by the attorney or his or her employment by a legal service provider.
SECTION 3. Section 10 of said chapter 19C, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following:-
This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the person becomes aware of a reportable condition in connection with his or her retention by the attorney or his or her employment by a legal service provider or if the information that provides reasonable cause for the person to believe that a disabled person is suffering from or has suffered from abuse became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider. Notwithstanding subsection (b) of section 3, the commission may not promulgate rules or regulations to require such a person to notify the commission of such reportable condition or abuse.
SECTION 4. Section 72G of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following:-
This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a patient or resident has been abused, mistreated, or neglected or has had property misappropriated became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.
SECTION 5. Section 21 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “advocate.”, in line 74, the following:-
A “mandated reporter” shall not include a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the facts that provide reasonable cause for the person to believe that a child is suffering physical or emotional injury under the circumstances described in section 51A(a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.
SECTION 6. Section 51A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following subsection:-
(l) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a child is suffering or has suffered physical or emotional injury under the circumstances described in subsection (a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider. No board of registration created under chapter 13 may require such a person with such knowledge to make a report of the type described in subsection (a) as a condition of registration or impose discipline on such a person under section 61 of chapter 112 for failing to make such a report.
SECTION 7. Section 51B of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (m) and inserting in place thereof the following:-
(m) Notwithstanding any privilege created by statute or common law relating to confidential communications or any statute prohibiting the disclosure of information but subject to subsection (j) and to subsection (s) of section 51A, a mandated reporter shall answer questions and provide information posed by the department relating to an investigation conducted under this section, whether or not that person filed the 51A report being investigated. A statutory or common law privilege shall not preclude the admission of any such information, other than information described in subsection (s), in any civil proceeding concerning abuse or neglect of a child, placement or custody of a child.
SECTION 8. Said section 51B of said chapter 119, as so appearing, is hereby further amended by adding at the end thereof the following subsection:-
(s) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a child is suffering or has suffered physical or emotional injury under the circumstances described in subsection (a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.
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An Act improving legal and administrative proceedings for court-involved children and families | H1679 | HD2585 | 193 | {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T12:47:32.21'} | [{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T12:47:32.21'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:00:45.2266667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-06-06T14:20:43.6433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:14:17.93'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1679/DocumentHistoryActions | Bill | By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1679) of Joan Meschino, Lindsay N. Sabadosa and Natalie M. Higgins relative to improving legal and administrative proceedings for court-involved children and families. The Judiciary. | SECTION 1. Section 21 of chapter 119 of the General Laws is hereby amended by striking out paragraph 9 and inserting in place thereof following new paragraph:-
“Custody”, the power to: (1) determine a child's place of abode, medical care and education; (2) control visits to a child; and (3) consent to enlistments, marriages and other contracts otherwise requiring parental consent. If a child, parent or guardian objects to the carrying out of any power conferred by this paragraph, that child, parent or guardian may take application to the committing court, and the court shall take evidence and make a de novo determination and order on the matter. The court may also make any such determination or order sua sponte. If the court determines it to be in the child’s best interests, the court may order the department to move a child or place a child in a specific foster home, residential program, or other placement and may order the guardian or custodian of a child, including the department, to provide visits and other contact under the conditions, with the frequency, and of a duration specified by the court, between the child and the child’s sibling, half-sibling, parent, guardian, custodian or other person.
SECTION 2. Section 21A of chapter 119 of the General Laws is hereby amended by striking out said section and inserting in place thereof the following:-
Section 21A. Evidence in proceedings under sections 21 to 51H, inclusive, shall be admissible according to the rules of the common law and the General Laws. The court may appoint a neutral investigator to investigate facts relating to the welfare of the child. The investigator may, at the court’s direction, file with the court a full report, under oath, of all facts obtained as a result of the investigation. The report shall be admissible in evidence if offered by a party or, upon 30 days’ notice to all parties, by the court. The investigator may be called as a witness by any party for examination as to the statements made in the report. The examination shall be conducted as though it were on cross-examination. Reports written by parties or their experts shall not be admissible in proceedings under section 21 to 51H, inclusive, unless such reports are otherwise required to be prepared under the General Laws. Evidence may include testimony of foster parents or pre-adoptive parents concerning the welfare of a child if such child has been in the care of the foster or pre-adoptive parents for six months or more, and may include the testimony of the child if the court determines that the child is competent and willing, after consultation with appointed counsel, to testify.
SECTION 3. Section 23 of chapter 119 of the General Laws is hereby amended by deleting paragraph (a)(3) and inserting in place thereof the following:-
(a) (3) If a child is without proper guardianship due to death, unavailability, incapacity or unfitness of a parent or guardian or with the consent of a parent or parents, the department may seek, and shall accept, an order of the probate court granting responsibility for the child to the department. Such responsibility shall include the right to: (i) determine the child’s abode, medical care and education; (ii) control visits to the child; (iii) consent to enlistments, marriages and other contracts requiring parental consent; and (iv) consent to adoption only when it is expressly included in an order of the court. If a child, parent or guardian objects to the carrying out of any power conferred by this paragraph, that child, parent or guardian may take application to the committing court, and the court shall take evidence and make a de novo determination and order on the matter. The court may also make any such determination or order sua sponte. If the court determines it to be in the child’s best interests, the court may order the department to move a child or place a child in a specific foster home, residential program, or other placement and may order the guardian or custodian of a child, including the department, to provide visits and other contact under the conditions, with the frequency, and of a duration specified by the court, between the child and the child’s sibling, half-sibling, parent, guardian, custodian or other person. In making any order under this clause, the probate court shall consider section 29C and shall make the written certification and determinations required by said section 29C. If a child is in the care of the department of mental health or the department of developmental services, the responsibility for the child as described in this section and all rights therein contained shall continue in the department. If a person with mental retardation who has been declared mentally incompetent was the responsibility of the department prior to reaching the age of 18, the department shall continue to exercise responsibility for that person until that person is declared to be no longer legally incompetent.
SECTION 4. Section 24 of chapter 119 of the General Laws is hereby amended by striking out, in line 38, the words “subclause (ii)” and inserting in place thereof the following words:-
subclause (i).
SECTION 5. Section 24 of chapter 119 of the General Laws is hereby amended by striking out paragraph 5.
SECTION 6. Chapter 119 of the General Laws is hereby amended by inserting, after section 25, the following new section:-
Section 25A. (1) Any time after granting temporary custody of a child to the department, the court may review and revise that order sua sponte to allow for the child to be placed in the custody of a parent, guardian, custodian, or a suitable third party.
(2) No sooner than 60 days after the filing of the care and protection petition under section 24, any parent or child may file a motion requesting a hearing under subsection (1). If the parent or child alleges that there has been a material change in circumstances, the court shall take evidence on the issue to determine whether a modification of the order is warranted.
(3) If a parent or a child waived the right to a temporary custody hearing or the right to a hearing as to who should be the custodian of the child under section 24, the court, upon request of the parent or child, shall afford the parent or child a hearing under subsection (1), regardless of whether there has been a change of circumstances and regardless of how soon the request was made after the filing of the care and protection petition.
SECTION 7. Section 26 (a) of chapter 119 of the General Laws is hereby amended by inserting after the words, “section 21A”, the following words:-
if any,
SECTION 8. Section 26 (a) of chapter 119 of the General Laws is hereby amended by inserting after the first sentence the following new sentence:-
The court may thereafter grant temporary or permanent custody of the child to the child’s parent without a finding that the child’s other parent is unfit or adjudicating the child in need of care and protection.
SECTION 9. Clause (2) of subsection (b) of section 26 of chapter 119 is hereby amended by striking out subclause (i) and inserting in place thereof the following subclause:-
(i) any person, including the child’s parent, who is found by the court to be qualified to give care to the child;.
SECTION 10. Section 3 of chapter 210 of the General Laws is hereby amended by adding the following subsection:-
(e) For the purposes of this subsection, the term “child” shall include a young adult as defined in section 21 of chapter 119. If at least two years have passed since the court entered an order terminating parental rights pursuant to this chapter or chapter 119, a child whose parents were the subject of that order may file a motion requesting that the court vacate the order with respect to 1 or both of the child’s former parents, but only if all of the following apply: (i) the child is at least 12 years of age; (ii) the court has determined, after a hearing under section 29B of chapter 119, that adoption is no longer the permanency plan for the child; and (iii) either the child has not been adopted or, if the child has been adopted, a court has entered an order terminating the parental rights of the child’s adoptive parents or the adoptive parents have voluntarily surrendered their parental rights. The child shall sign the motion in the absence of a showing of good cause as to why the child is unable to sign the motion. The court shall order that an evidentiary hearing be held and provide notice, in the manner prescribed for a petition filed pursuant to section 24 of chapter 119, of the hearing to the child’s former parents. Neither parent shall be considered a party for the purpose of the motion, nor shall either have an independent right to be heard, though a parent’s testimony may be offered into evidence if the parent is called as a witness by a party. The court shall grant the motion if it determines by a preponderance of evidence that vacating the order terminating parental rights is in the child’s best interests. The court shall specify in writing the factual basis for its determination. As soon as practicable after granting the motion, the court shall enter an order pursuant to subsection (b) of section 26 of chapter 119, provided that the order is in the best interests of the child.
SECTION 11. Section 10 of this act shall apply regardless of whether the two year requirement is met before, on, or after the effective date of this act.
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An Act establishing the employability task force | H168 | HD3474 | 193 | {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:00:56.047'} | [{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T13:00:56.0466667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H168/DocumentHistoryActions | Bill | By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 168) of Paul K. Frost for legislation to establish a special task force (including members of the General Court) to review and report on the economic impact of welfare reform in the Commonwealth. Children, Families and Persons with Disabilities. | Section 1. There shall be a special task force to review and report on the economic impact of welfare reform in the state of Massachusetts. The task force shall consist of 10 members: the house and senate chairs of the joint committees on economic development and emerging technologies and labor and workforce development, or their designees, who shall serve as the co-chairs of the task force; a member of the general court appointed by the senate minority leader; a member of the general court appointed by the house minority leader; the executive director of the Massachusetts Workforce Development Board, or a designee; the executive director of the RaiseUp Massachusetts, or a designee; and 2 persons to be appointed by the secretary of labor and workforce development, 1 of whom shall be an employee of the commonwealth in the office of the secretary of labor and workforce development, and 1 of whom shall be selected from the Board of Directors of the Massachusetts Economic Development Council .
The task force shall: (i) identify and review the state laws, regulations, and administrative directives that relate to welfare; (ii) review the connection between the low unemployment rate as well as the current need for employees in key Massachusetts labor sectors and identify the welfare minimum eligibility requirements potentially impeding employment; (iii) identify and propose new welfare eligibility requirements based on updated economic and labor statistics; and (iv) develop recommendations to establish legislative procedures that reduce citizens on welfare while maintaining a low unemployment rate in the state of Massachusetts.
The task force shall submit a report, including any draft legislation and regulations, to the clerks of the house of representatives and the senate within 12 months of the passage of this act.
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An Act relative to the reporting of certain violations | H1680 | HD381 | 193 | {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:38:01.22'} | [{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-11T14:38:01.22'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1680/DocumentHistoryActions | Bill | By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 1680) of Lenny Mirra relative to the reporting of certain violations and the protection of whistleblowers, so-called. The Judiciary. | Section 25 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following subsection:—
(e) An individual who reports a suspected violation of sections 20 through 23 of chapter 40B, chapter 40R, section 2 of chapter 62B, sections 26 and 27, and 148 and 148C of chapter 149, sections 13 and 14 of chapter 151A, section 25A of chapter 152, or section 18 of chapter 159, to the council or any other authority charged with enforcement, which substantially contributes to the prosecution of a violation thereof, shall receive 10 per cent of the proceeds recovered and collected in the action or in settlement of the claim; provided further, that nothing in this subsection shall reduce an award of wages owed to an employee pursuant to section 148 of chapter 149. Neither the council nor any enforcement agency shall disclose any information, including information provided by a whistleblower, which could reasonably be expected to reveal the identity of a whistleblower, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding.
No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights or reporting a violation under this section. Any employer who discharges or in any other manner discriminates against any employee because such employee has made a complaint to the attorney general or any other person, or assists the attorney general in any investigation under this chapter, or has instituted, or caused to be instituted any proceeding under or related to this section, or has testified or is about to testify in any such proceedings, shall have violated this section and shall be punished or shall be subject to a civil citation of order as provided in section 27C or Chapter 149.
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An Act prohibiting gunfire directed at dwelling houses | H1681 | HD2227 | 193 | {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-01-19T11:36:39.007'} | [{'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-01-19T11:36:39.0066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-20T17:31:25.0866667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-24T10:17:05.4233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1681/DocumentHistoryActions | Bill | By Representative Mom of Lowell, a petition (accompanied by bill, House, No. 1681) of Rady Mom and Rodney M. Elliott relative to the penalties for using weapons with intent to strike dwelling houses. The Judiciary. | SECTION 1. Chapter 269 of the General Laws, as so appearing, is hereby amended by inserting after section 12F the following section:-
Section 12G. Whoever discharges an assault weapon, firearm, large capacity weapon, machine gun, rifle, sawed-off shotgun, or shotgun, as defined in section one hundred twenty-one of chapter one hundred forty, with the intent to strike a dwelling, and as a result does strike a dwelling, shall be punished by imprisonment in the house of correction for not more than 2 ½ years, or in state prison for not more than 5 years, or by a fine of not more than $10,000, or both such imprisonment and fine.
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An Act relative to summary process and rental assistance | H1682 | HD3096 | 193 | {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T09:09:37.157'} | [{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-20T09:09:37.1566667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T12:22:12.9066667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-31T15:35:37.9833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T13:27:05.7'}] | {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T12:22:12.907'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1682/DocumentHistoryActions | Bill | By Representatives Montaño of Boston and Capano of Lynn, a petition (accompanied by bill, House, No. 1682) of Samantha Montaño and Peter Capano relative to summary process and rental assistance. The Judiciary. | SECTION 1. Chapter 239 of the General Laws is hereby amended by adding, after section 14, the following new section:-
Section 15. Two-tier process; pending rental assistance
(a) All summary process cases shall be handled in a two-tier process. (i) First tier. This event will be for the parties to determine the status of the case, explore the availability of resources, attempt mediation or other opportunity to reach a resolution to the case, and identify next steps in preparing the case for trial. No default or dismissal may enter if a party does not appear at the first tier event. (ii) Second tier. For cases which are not resolved, the Clerk’s Office shall send a written notice to the parties of the trial date.
(b) In a summary process action for nonpayment of rent, (i) a court having jurisdiction over summary process actions shall grant a continuance if there is a pending application for rental assistance; (ii) no judgment may enter, nor may any execution issue, in a summary process action for nonpayment of rent if there is a pending application for rental assistance; (iii) the court shall not issue a stay of execution on a judgment for possession if there is a pending application for rental assistance.
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An Act to stop profiling transgender people and low-income women | H1683 | HD2509 | 193 | {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T10:39:31.29'} | [{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T10:39:31.29'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T13:46:07.84'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1683/DocumentHistoryActions | Bill | By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1683) of Samantha Montaño and Vanna Howard relative to transgender people and low-income women and the penalties for certain offenses. The Judiciary. | SECTION 1. Section 53 of Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 1-2, the words “Common night walkers, common street walkers, both male and female,”.
SECTION 2. Section 62 of Chapter 272 of the General Laws is hereby repealed.
SECTION 3. Chapter 94C is hereby amended by inserting after section 34A the following section:-
Section 34B: Any person who, in good faith, reports a crime shall not be charged or prosecuted for (i) possession of a controlled substance under section 34, (ii) sex for fee under chapter 272 section 53A subsections (a) or (b), or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the above enumerated offenses was gained as a result of reporting a crime.
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An Act relative to community corrections | H1684 | HD867 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-17T14:37:27.98'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-17T14:37:27.98'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T14:37:28.1833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:35:52.03'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:59:17.5166667'}] | {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T14:37:27.98'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1684/DocumentHistoryActions | Bill | By Representatives Moran of Lawrence and Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1684) of Frank A. Moran, Kate Lipper-Garabedian and others relative to community corrections. The Judiciary. | SECTION 1. Chapter 211F of the General Laws, as appearing in the 2016 Official Edition, is hereby stricken and inserting in place thereof the following:-
§ 1. Definitions
The following terms as used in this chapter shall have the following meanings:
“Commissioner”, the commissioner of probation.
“Community justice program”, any program or service that is operated by a state, local or private service agency, that has been deemed an appropriate provider of services by the office of community justice programs including, but not limited to, intensive supervision with treatment, community service, pretrial services programs, reentry services programs, programs designed as an alternative to jail or prison, and any other program or service as the commissioner may so direct; provided, however, that pretrial and reentry services programs shall each be a separate track of programming from intensive supervision with treatment as defined herein.
“Community justice plan”, a written proposal submitted to the executive director of the office of community justice programs for approval and funding as a community justice program.
“Executive director”, the executive director of the office of community justice programs.
“Intensive supervision with treatment”, as determined by the office of community justice programs, a community justice program that provides a combination of interventions, including treatment, services and accountability measures for persons assessed to be at moderate or higher risk for recidivism.
§ 2. Office of community justice programs; executive director
(a) There is hereby established subject to appropriation within the office of the commissioner of probation an office of community justice programs, which shall be used for any criminal justice purpose as determined by the commissioner, and shall establish a continuum of community justice programs statewide.
(b) The executive director of the office of community justice programs shall be appointed by the commissioner to establish, oversee and operate a statewide continuum of community justice programs.
(c) The executive director shall operate subject to the direction and approval of the commissioner. The office shall, to the extent practicable, utilize existing resources of the office of court management for the purpose of avoiding unnecessary duplication.
§ 3 Sentence to intensive supervision with treatment; conditions; eligibility
(a) Any court exercising jurisdiction is authorized to sentence any eligible person to intensive supervision with treatment.
(b) A sentence to intensive supervision with treatment shall be imposed as a condition of probation consistent with chapters 276 and 276A. The court may modify the sentence of a person subject to intensive supervision with treatment in the same manner as if the person had been placed on probation.
(c) The commissioner shall develop guidelines for the eligibility of persons for intensive supervision with treatment.
(d) No person shall be sentenced to intensive supervision with treatment in lieu of a mandatory minimum term of incarceration set by statute.
§ 3A. Participation in a pretrial services program in lieu of bail or as condition of release
(a) Participation in a pretrial services program may be ordered by the court, in lieu of bail or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court may dictate the duration and conditions of the pretrial services program. Any conditions should be imposed to ensure return of the defendant to court or, where permitted by law, to assure the safety of any person or the community.
(b) The Massachusetts probation service may utilize pretrial services programs for pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the person before the court who is charged with an offense or crime.
(c) If the sheriff who has custody of a person held on bail under section 57 or 58 of chapter 276 determines that the person would benefit from entering a pretrial services program, the sheriff shall provide a written recommendation of such determination to the court, the commissioner, the prosecuting office and the person or the person’s attorney, where applicable. The prosecuting office may notify any victim of the sheriff’s recommendation upon receipt of such recommendation. If the commissioner or the prosecuting office objects to such recommendation, the commissioner or prosecuting office shall file written objection with the court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set the matter for hearing. After expiration of the time for filing objections and after hearing, if applicable, the court shall either decline to modify its earlier bail order or make an order under subsection (a) of this section authorizing the person’s participation in a pretrial services program. In no event shall the person held on bail be ordered under this paragraph to enter a pretrial services program without that person’s consent.
(d) Placement of a person in a pretrial services program shall require victim notification as required under subsection (t) of section 3 of chapter 258B.
§ 3B. Utilization of programs developed by the office of community justice programs for persons not sentenced to intensive supervision with treatment under Sec. 3
(a) For any person sentenced to probation supervision who has not been sentenced to intensive supervision with treatment under section 3, the probation department may utilize programs and services offered by the office of community justice programs: (i) for participation in court-ordered programming where such programming is available through the office of community justice programs; or (ii) upon agreement by the person so sentenced.
(b) The use of programs and services under subsection (a) of section 3B of this chapter shall not operate as intensive supervision with treatment as defined in section 1.
§ 3C. Utilization of programs developed by the office of community justice programs for reentry and other criminal justice involved persons
(a) The office of community justice programs may provide reentry services programs, which shall not operate as intensive supervision with treatment as defined in section 1 of this chapter, to any person released from incarceration including, but not limited to, any probationer or parolee.
(b) Any person who has previously been sentenced to probation supervision, even if that person is no longer being supervised by the Massachusetts probation service, may utilize programs and services offered by the office of community justice programs. The use of programs and services under this section shall not operate as intensive supervision with treatment as defined in section 1.
§ 4. Community justice plans
(a) The executive director is hereby authorized and directed to develop and implement standards for a contracting process for community justice plans, as follows:
(1) A community justice plan shall include:
(A) the type of programs and services offered such as, intensive supervision with treatment, pretrial services or reentry services and the interventions to be made therein, such as cognitive behavioral therapy, employment counseling, educational support, etc.
(B) a description of the administrative, capital and operating costs of the programs;
(C) a description of methods by which the state, local or private service agency shall implement the community justice program with fidelity to evidence-based practices;
(D) a description of the knowledge, skill and experience of the state, local or private service agency in the fields of criminal justice, human services and social sciences.
(2) Subject to appropriation, the executive director shall select plans for funding. All contracts shall provide that the executive director may suspend funding or may assume administrative responsibility for any community justice programs not in compliance with standards, or if the public safety is threatened. The executive director shall separately contract to provide specialized, age-appropriate reentry services for emerging adults (18-25 years old), released from incarceration including, but not limited to, any probationer or parolee.
(3) The executive director shall monitor programs for compliance with the goals of this chapter, and shall provide technical assistance, training and education to providers in developing and operating community justice programs.
(b) Subject to an agreement between the commissioner and the secretary of public safety and subject to appropriation, the resources of community justice programs shall be utilized by the parole board for the purpose of parole supervision and the department of correction for the purpose of reentry.
§ 5. Annual report
The commissioner shall submit an annual report no later than January 15 of each year, commencing January 15, 2025, to the governor, the joint committees on the judiciary, mental health, substance use and recovery, public health and public safety and homeland security and the clerks of the house of representatives and the senate. The report shall include but shall not be limited to the following information:
(1) a statistical report of the utilization of community justice programs, including a list of all community justice programs operated under the office of community justice programs;
(2) the effectiveness of the office of community justice programs in reducing prison commitments, reducing pretrial detention and increasing the court appearance rate and the metrics used to evaluate said effectiveness;
(3) fiscal audits on the expenditure of state funds;
(4) the results of any investigations into community justice program noncompliance with community justice plans;
(4) any other relevant information or recommendations provided by the commissioner.
SECTION 2: Section 57 of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
SECTION 3:Section 58 of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
SECTION 4:Section 58A of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out, in lines 94-97 the following words “Participation in a community corrections program pursuant to chapter 211F may be ordered by the court or as a condition of release; provided, however, that the defendant shall consent to such participation” and by inserting in place thereof:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
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An Act relative to the District Court of Lawrence | H1685 | HD454 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T10:21:46.13'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T10:21:46.13'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:06:14.0233333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1685/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1685) of Frank A. Moran and Estela A. Reyes relative to the District Court of Lawrence. The Judiciary. | Section 10 of Chapter 218 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended as follows;
By inserting after line 130, the District Court of Lawrence
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An Act to further clear titles to real property affected by technical irregularities in recorded instruments | H1686 | HD483 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:23:55.25'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T11:23:55.25'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T14:00:04.7466667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1686/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1686) of Frank A. Moran and Estela A. Reyes for legislation to further regulate titles to real property affected by technical irregularities in recorded instruments. The Judiciary. | SECTION 1. General Laws Chapter 184, Section 24 is hereby amended by deleting Section 24 in its entirety and replacing the same with the following Section 24.
Section 24. When any owner of land or of any interest in such land, signs an instrument in writing conveying or purporting to convey his land or any interest therein, or in any manner affecting or purporting to affect his title thereto or an interest therein, and the instrument, whether or not entitled to record or registration, is recorded or registered and indexed in the registry of deeds or registered land district for the district wherein such land is situated, and a period of ten years elapses after the instrument is accepted for record or registration, and the instrument or the record or registration thereof because of defect, irregularity or omission fails to comply in any respect with any requirement of law relating to seals, corporate or individual, to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property as representative of or on behalf of a person, trust or entity who owns or holds such interest and is also named in the grantor clause, to the validity of acknowledgment, to a certificate of acknowledgment, witnesses, attestation, proof, method or form of execution, or time of execution, to recitals of consideration, residence, address, or date, to the authority of a person executing such an instrument on behalf of an individual under a power of attorney, to the method by which an individual under a power of attorney executes such an instrument on behalf of the principal, or to the authority of a person executing such an instrument on behalf of a trust or entity and purporting to hold the office or position of trustee, manager, partner, president, vice president, treasurer or other similar office or position, including assistant to any such office or position, or otherwise purporting to be an authorized signatory for such trust or entity, including under a power of attorney on behalf of such trust or entity, such instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be effective for all purposes to the same extent as though the instrument and the record thereof had originally not been subject to the defect, irregularity or omission, or to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property in a capacity other than that in which such person actually owns or holds such interest, unless within said period of ten years a proceeding is commenced on account of the defect, irregularity or omission, and notice thereof pursuant to section 15 of this chapter is duly recorded or registered as appropriate and indexed and noted on the margin thereof under the name of the signer of the instrument, the owner or holder of the affected interest at the time of the recording or registration of the instrument and the record owner or holder of the interest at the time of the filing of such notice and, in the event of such proceeding, unless relief is thereby in due course granted.
SECTION 2. The provisions of this Act shall take effect January 1, 2025, and shall apply to instruments and documents recorded or registered before, on or after said date, except as to any such instruments or documents for which a court proceeding challenging the effectiveness or validity of any such instrument or document and the title derived therefrom has been commenced pursuant to this section as in effect prior to such effective date.
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An Act related to educational programming for incarcerated emerging adults | H1687 | HD2412 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T12:55:13.437'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T12:55:13.4366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1687/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1687) of Frank A. Moran relative to educational programming for incarcerated emerging adults. The Judiciary. | SECTION 1. Section 48 of Chapter 127, as appearing in section 80 of chapter 69 of the acts of 2018, is hereby amended by striking the second paragraph and inserting in place thereof the following:
The commissioner and administrators of state prisons and county facilities shall maximize a diverse range of educational programming for all emerging adults, ages 18-25. The commissioner shall ensure that at least one educational program leading to the award of a high school equivalency certificate including high school equivalency testing opportunities, and credit that can be applied to high school graduation, is available to persons who are committed to the custody of the department or to a county correctional facility and who have not obtained a high school degree or equivalency. In addition to each such facility providing at least one general high school equivalency (HiSet) class and high school equivalency testing opportunities and classes that can earn credit toward high school graduation, each facility shall also include specialized, age-appropriate educational classes for emerging adults, including all individuals ages 18 thru 25, for both individuals who have and have not obtained a high school degree or equivalency, including but not limited to college readiness and college credit classes, and/or workforce readiness and vocational classes. Access to workforce development, vocational and employment training opportunities in the community shall be maximized as available. All emerging adults shall have the opportunity to access at least four hours of programming daily at least five days a week; at least four hours daily shall be for programming that will be out of cell and congregate, meaning more than one person together without barriers between them to ensure the most conducive educational learning environment. Time allowed for in-cell learning through tablets shall be maximized and considered as additional time toward the already required daily four hours of out of cell learning. Preference for all educational programming will be provided for innovations in the delivery of such programming that include, but not limited to, partnerships with nonprofits and educational institutions that specialize in serving emerging adults and draw upon the talents of staff with lived experiences similar to those incarcerated.
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An Act to prevent the imposition of mandatory minimum sentences based on juvenile adjudications | H1688 | HD2444 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T13:09:08.013'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-19T13:09:08.0133333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:58:50.3633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T15:49:27.45'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-08T14:44:03.3633333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T09:42:32.6566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:00:05.94'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-29T16:00:23.57'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-24T17:48:13.0733333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-08T14:15:19.7333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-31T14:25:31.0433333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-08T11:54:57.5433333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1688/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1688) of Frank A. Moran and others relative to mandatory minimum sentences based on juvenile adjudications. The Judiciary. | SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 24, the words “, (c) or (d)” and inserting in place thereof the following words:- or (c).
SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 24 through 28, the words “; provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen”
SECTION 3. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in line 26, the words “, (c) or (d)” and inserting in place thereof the following words:- or (c).
SECTION 4. Section 58 of said chapter 119, as so appearing, is hereby amended by striking out the seventh and eighth paragraphs.
SECTION 5. Subsection (d) of section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences to the end thereof:- For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers an enhanced sentence for an adult or for a juvenile. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth.
SECTION 6. Section 10G of said chapter 269, as so appearing, is hereby amended by striking out, in lines 36 and 37, the words “have the meaning set forth in section 121 of chapter 140” and inserting in place thereof the following words:- shall mean any crime punishable by imprisonment for a term exceeding 1 year that: (i) has as an element of the offense the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives.
SECTION 7. Said section 10G of said chapter 269, as so appearing, is hereby amended by adding the following sentence to the end thereof:- (f) For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers an enhanced sentence for an adult or a juvenile. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth.
SECTION 8. Notwithstanding any general or special law to the contrary, if any person is currently serving a sentence pursuant to section 10 of chapter 269 or section 10G of chapter 269, including being on probation or parole, where a juvenile adjudication, including but not limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth, has been used as a prior predicate conviction, then such person shall be resentenced without that juvenile adjudication being used as a prior predicate conviction. If a defendant is resentenced under this section, the sentence shall not be increased in length of committed time, probation, or parole.
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An Act protecting titles to real estate in Massachusetts | H1689 | HD3897 | 193 | {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T15:14:22.913'} | [{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-20T15:14:22.9133333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T10:59:31.86'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:58:20.8033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T11:13:13'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1689/DocumentHistoryActions | Bill | By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 1689) of Frank A. Moran and others relative to protecting titles to real estate. The Judiciary. | SECTION 1. (a) This Act may be cited as the “real estate title protection act.”
(b) Where not explicitly specified, this Act shall be construed to apply to both registered and recorded land.
(c) Where a provision of this Act conflicts with any other provision of the General Laws or the deed indexing standards, this Act shall supersede that other provision or those standards.
SECTION 2. For the purposes of this Act, the following terms shall have the following meanings:
“Affidavit”, a document made on personal knowledge or that meets the requirements of the business records exception to the rule against hearsay, Rule 803(6), Federal and Massachusetts Rules of Evidence, “Records of a Regularly Conducted Activity.” It shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. If it relies on the business records exception, the affidavit shall have attached to it sworn or certified copies of all documents or relevant excerpts thereof to which the affidavit refers. Each such excerpt must be in the form of a true and accurate photocopy of the entirety of the page or pages from which such an excerpt is taken, and must include complete and accurate photocopies of the document’s title page and table of contents, if applicable. Each complete page from which any such excerpt or part thereof is taken shall bear already-existing indicia evidencing that said page is from the document whose title page and table of contents, if applicable, are appended, or else shall bear already-existing indicia evidencing the source of each such page.
“Assignment of mortgage”, an instrument by which a mortgagee or holder of a mortgage of real property conveys such a mortgage deed to an assignee pursuant to the Statute of Frauds, section 1 of chapter 259 of the General Laws; section 6 of chapter 183; and other provisions of the General Laws applicable to a transfer of interest in real property.
“Authorized person”, a person authorized to act on behalf of another person as of the date of execution of an instrument that can affect title to real property, signed by the person on whose behalf the person authorized thereby is acting.
“Deed indexing standards”, standards for indexing documents to be recorded in the registries of deeds, as issued by the Massachusetts Registers and Assistant Registers of Deeds Association and revised from time to time.
“Discharge”, a duly executed and acknowledged deed of release of a mortgage of real property or other instrument that, by its terms, discharges or releases such a mortgage, or acknowledges payment or satisfaction of the debt or obligation secured by such a mortgage or the conditions contained therein; or the discharge of such a mortgage by operation of law pursuant to the General Laws, including section 33 of Chapter 260.
“Lender”, the entity(ies) who provided the funds for the mortgage directly, loan through a line of credit, or by any other means, except if the person is Federal National Mortgage Association, Federal Home Loan Mortgage Corp. or Gevernment National Mortgage Association.
“Mortgage” or “Mortgage Deed”, a conveyance, to a lender, of legal title to real property, in consideration of a loan whose repayment is secured by the terms and conditions of a security instrument.
“Mortgagee” or “mortgage holder”, a person who has invested funds or other consideration to hold legal title to real property upon which a mortgage is granted, and who is named as such in the mortgage or any assignment thereof.
“Mortgagee of Record”, a “mortgagee” or “mortgage holder” so identified in an instrument that thereafter was recorded.
“Mortgage servicer” or “servicer", the person legally authorized by the mortgagee and in compliance with all applicable law for servicing the mortgage loan.
“Mortgage servicing” or “servicing”, the receiving of any scheduled periodic payments from a mortgagor pursuant to the terms of any mortgage loan, the making of the payments of principal and interest and such other payments with respect to the amounts received from the mortgagor as may be required pursuant to the terms of such loan, and the provision of a written payoff statement with respect to the mortgage loan pursuant to section 54D of chapter 184.
“Mortgage statement”, a periodic statement that a mortgagee of residential real property or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage payment then due; the loan balance; the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
“Mortgagor”, a grantor of a mortgage originated in compliance with existing regulatory interpretation.
“Mortgage Note”, a promissory note, bearing the original signature of the mortgagor, promising to pay the lender, or any successor who is entitled to enforce the mortgage note, and specifying the requirements for the repayment of the debt including the amount, interest and charges.
“Note Owner”, the lender or a transferee of the note, who is entitled to receive payments under and to enforce the note.
“Register”, the register of deeds for the county or district within which the subject land lies.
“Residential real property”, a 1 to 6 family residential property located in the commonwealth.
SECTION 3. Attorney General to notify registers of deeds of legal developments
Chapter 12 of General Laws is hereby amended by adding the following section:-
Section 34. At the end of each session of the general court, and whenever otherwise appropriate, the Attorney General shall promptly notify the registers of statutes, regulations, and decisions of courts that may affect their responsibilities or operations.
SECTION 4A. Recordation of assignments of mortgage, affidavits of sale, foreclosure deeds
Section 12A of chapter 36 of General Laws is hereby amended by adding the following ten subsections:-
(a) A register shall not record any instrument, executed after the effective date of this act, unless its heading (i) is in 12 point (pica) or larger bolded font, (ii) indicates the type of instrument, and (iii) briefly indicates the instrument’s purpose or contents.
(b) A register shall not record any assignment of mortgage that is presented later than thirty (30) days after its date of execution, unless the said assignment of mortgage is recorded with an affidavit showing good cause for filing late, or with a certified copy of an order of a court finding that recordation after this thirty (30) day limit is warranted in the interests of justice.
(c) A register shall not record an assignment of mortgage executed before the effective date of this Act, but not recorded as of that date, unless presented to the appropriate registry of deeds within ninety (90) days of this Act’s effective date, except that the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S. Department of Agriculture may present such assignments of mortgage for recording up to one hundred eighty (180) days from the effective date of this Act.
(d) Where an assignment of a mortgage or other instrument of conveyance is to a securitized trust or other investment vehicle, a certified copy of that trust or other investment vehicle’s founding instrument must be:
Recorded with the assignment of mortgage, or other instrument of conveyance
identified on the assignment by book and page or document number in the subject registry
(e) A register shall not record a discharge of a mortgage of real property unless it is:
(i) issued by the mortgagee and identifies the present note owner, and
(ii) recorded, with a certified copy of the original wet-ink mortgage note in its present condition, demonstrating that all allonges are affixed, and marked “paid in full,” with the date of satisfaction of the mortgage loan.
(f) A register shall record an affidavit of sale pursuant to section 14 of chapter 244, only if it is recorded with (i) a certified copy of the notice to mortgagor of right to cure default of mortgage pursuant to section 35A of chapter 244, and (ii) a certified copy of the original wet-ink mortgage note in its present condition, demonstrating that all allonges are affixed.
(g) A register shall not record a foreclosure deed if it is presented more than sixty (60) days after the date of foreclosure, unless it is recorded with an affidavit on personal knowledge showing good cause for filing late, or by a certified copy of an order of a court finding that recordation after this sixty (60) day limit is warranted in the interests of justice.
(h) A register shall not record any foreclosure deed relative to a foreclosure occurring before the effective date of this Act, unless it is presented for recording to the appropriate registry of deeds within ninety (90) days of this Act’s effective date.
(i) The Division of Banks shall promptly inform all persons licensed in the commonwealth to lend funds upon mortgages, as well as the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the U.S. Department of Housing and Human Development, and the U.S. Department of Agriculture, of the provisions of this Act.
SECTION 4B: Conformance of Notary provisions with Alienation of Land provisions:
Section 8 of Chapter 222 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out of subsection (b) the sentence “Failure to comply with this section shall not affect the validity of any instrument or the record thereof” and replacing it with “Failure to comply with this section shall not affect the validity of any instrument”.
Section 20 of Chapter 222 of the General Laws, is hereby amended by striking out subsection (b) in its entirety and replacing it with
“(b) Except as may be required by the Office of the Secretary of the Commonwealth for the issuance of an apostille, or as may be required by a register of deeds for the purpose of recordation or registration, and provided the form of acknowledgement, jurat, signature witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183:
(i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document;
(ii) failure of a document to contain the forms of acknowledgement, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, or acceptance by a third party; and
(iii) failure of a document executed in a representative capacity to contain an acknowledgement that the instrument was also the voluntary or free act and deed of the principal or guarantor shall not affect the validity of the underlying document.”
SECTION 5. Homeowners’ mortgage statements
Chapter 183 of General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 54D the following section:-
“Mortgage statement”, a periodic statement that a mortgagee of residential real property or its authorized mortgage servicer sends to a mortgagor, stating the amount of the mortgage payment then due; the loan balance; the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
Section 54E. (a) Each mortgage statement concerning a mortgage of residential real property shall provide the names and contact information, including an address and toll-free telephone number, for the current (i) mortgagee, with the date as of which it became the mortgagee; (ii) note owner, with the date as of which it became the note owner, and (iii) mortgage servicer, if any, with the date as of which it became the servicer.
(b) Each such mortgage statement shall identify the mortgage servicer, if any, as “the company that you pay,” or shall use other language sufficient to indicate the function(s) that a mortgage servicer performs.
(c) All information on each such mortgage statement shall be accurate and current as of the date on which the statement is transmitted.
(d) Failure to comply with this section shall be an unfair or deceptive practice under section two of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection four of section nine of said chapter 93A.
(e) The amount of $2,500 for each violation of subsection (d) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 6. Payoff of mortgage loan: return cancelled note to mortgagor
Section 55 of chapter 183 of General Laws is hereby amended by adding at the end thereof the following three subsections:-
(l) When the mortgage loan has been paid in full, the note owner shall, within twenty (20) days of such payment, cause to be sent to the mortgagor the original wet-ink note in its present condition with all allonges affixed, and marked “Paid in Full,” with the date of satisfaction of the mortgage loan.
(m) Failure to comply with this section shall be an unfair or deceptive practice under section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection (4) of section 9 of said chapter 93A.
(n) The amount of $2,500 for each violation of subsection (m) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 7. Repeal of foreclosure by entry and possession.
Section 70 of chapter 185 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the words “; but in case of foreclosure by entry and possession, the certificate of entry required by section 2 of chapter 244 shall be filed and registered by an assistant recorder in lieu of recording.” and by striking out the words “After possession has been obtained by the mortgagee or his assigns, by entry or by action, and has continued for the time required by law to complete the foreclosure, he or his assigns may request the land court for the entry of a new certificate, and the court, after notice to all parties in interest, shall have jurisdiction to hear the case, and may order the entry of a new certificate on such terms as equity and justice may require.”
The provisions of Section 1 of chapter 244 of the General Laws, as so appearing, are hereby declared in effect until the date of the enactment of this Act.
“Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by an open and peaceable entry thereon, if not opposed by the mortgagor or other person claiming it, or by action under this chapter; and possession so obtained, if continued peaceably for three years from the date of recording of the memorandum or certificate as provided in section two, shall forever foreclose the right of redemption.
After the date of the enactment of this Act, the following shall be in effect:
“Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by action under this chapter.”
Said chapter 244 of General Laws is hereby further amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Possession obtained by means of any entry under previous section 1 of Chapter 244, or under section 70 of chapter 185, as to which a memorandum or certificate was recorded fewer than three years before the effective date of this act, shall never foreclose the right of redemption.
Section 8 of said chapter 244, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- “The action may be brought by an assignee of the mortgagee”
Sections 9 and 10 of chapter 244 are hereby repealed.
SECTION 8. Notice to municipality by mortgagee taking possession, conveying title
Section 15A of said Chapter 244 is hereby amended by making existing text into subsection 15A(a) and adding the following four paragraphs:-
(b) The assessor or collector of taxes shall accept such a notice only if accompanied by (i) a certification, on personal knowledge and under the pains and penalties of perjury, that the mortgagee has caused to be made all other notifications required by this section and (ii) a fine of $100 per day for each day beyond the day by which the mortgagee was required to have made such notice to the municipality.
(c) The assessor or collector of taxes shall retain one-half of each such fine for the municipality. He or she shall promptly forward one-half of each such fine as revenue to the treasurer of the county, if the municipality is located in a county, or if not, to the treasurer of the commonwealth, as revenue for deposit in the general fund.
(d) If a mortgagee has taken possession of a property on or before the effective date of this act, but has not made the notifications required by section 15A of chapter 244, this fine shall become applicable as of thirty (30) days after the effective date of this act.
(e) The Commissioner of the Department of Revenue of the commonwealth shall promptly notify all municipalities in the commonwealth of the provisions of Section 12.
SECTION 9. Repeal legislative determination of weight of evidence
Section 35B (f) and section 35C (b) of said chapter 244, as so appearing, are hereby amended by striking out the word “conclusive” where it appears in the second paragraph of section 35B (f), between “this section shall be” and “evidence in favor of”, and in the second paragraph of Section 35C(b), where it appears between “this subsection shall be” and “evidence in favor of….”
SECTION 10. Creditor actions; mortgagee’s affidavit; assignments of mortgage; service members’ civil relief act proceedings
Said section 35C of said chapter 244, as so appearing, is hereby further amended in subsection (a), by striking out the words “Mortgage Electronic Registration System or”; and in subsection (b), by striking out the words “Prior to publishing a notice of a foreclosure sale, as required by section 14” and replacing them with “Prior to instituting a proceeding in land court or superior court pursuant to the service members’ civil relief act and again prior to publishing a notice of foreclosure sale as required by section 14 ,”
Said section 35C of said chapter 244, as so appearing, is hereby further amended by adding the following four subsections:-
(i) For each certified copy of a document appended to the affidavit required in subsection (b), the affidavit shall provide the name and contact information of the document custodian of the original document, or shall identify the document by book and page or document number as recorded in the registry of deeds for the county or district in which the land lies.
(j) Land court and superior court shall proceed with have jurisdiction in a service members’ civil relief case only (1) upon the filing of a mortgagee’s affidavit as required in subsection (b); (2) if all assignments of mortgage cited in and appended to that affidavit, whether original or certified copies, have been duly recorded in the registry of deeds for the county or district within which the land lies; and (3), where the note owner is different from the mortgagee, the mortgagee has filed a certified copy of the agency agreement or other instrument authorizing the mortgagee to institute that proceeding.
(k) Failure to comply with this section shall be an unfair or deceptive practice under section 2 of chapter 93A, and shall render a mortgagee or mortgage servicer liable to the mortgagor in the amount of $2,500 for each such violation, plus damages and reasonable attorney’s fees under subsection (4) of section 9 of said chapter 93A.
(l) The amount of $2,500 for each violation of subsection (e) shall annually, on January 1, be adjusted in accordance with the consumer price index as defined in section 1 of the Internal Revenue Code.
SECTION 11. False material statements or omissions during or in connection with mortgage loan process; penalties; statute of limitations; Attorney General reports
Section 35A of chapter 266 of General Laws is hereby amended, in subsection (a) by deleting “4” in the definition of “Residential mortgage loan” and substituting “6”; and, in both its title and in subsection (b), by deleting the word “lending” wherever it appears and substituting the word “loan”; and is further amended in subsection (b), after “both such fine and imprisonment”, by inserting the following new paragraph:-
Where a document including such a material statement that is false or such a material omission is used in connection with a foreclosure or attempted foreclosure, or a larceny or attempted larceny of real property whether such document is filed in a court, recorded in a registry of deeds, or otherwise uttered, punishment may include restitution to the victim(s), including the preparation and recordation at no expense to the victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition from doing business in the commonwealth for any term of years or permanently; or both.
Said section 35A of said chapter 266, as so appearing, is hereby further amended by inserting, after subsection (b), the following seven new subsections:
(c) Whoever executes or causes to be executed, or files or causes to be filed with any court, or presents or causes to be presented to a registry of deeds for recording or registration, whether in hard copy or by means of electronic transmission, or otherwise utters any instrument that affects title to real property, whether residential or commercial, knowing that it is fraudulent or false in any material respect including by omission, by a false or fraudulent declaration, by a false or fraudulent signature, or by a false or fraudulent notarization, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not more than $50,000 in the case of a natural person or not more than $250,000 in the case of any other person, or by both fine and imprisonment. Where such a document is used in connection with a foreclosure or attempted foreclosure, or a larceny or attempted larceny of real property, punishment may include restitution to the victim(s), including the preparation and recordation at no expense to the victim(s) of whatever instrument(s) might be necessary to clarify the title of the victim(s) to that property; a prohibition from doing business in the commonwealth for any term of years or permanently; or both.
(d) The statute of limitations for a violation of subsection (c) of this section shall be ten (10) years from the date of execution of the document in question, the date of its presentation to a registry of deeds for recording, its date of recordation, or the date on which it was filed with or proferred in evidence in any court or otherwise uttered, whichever comes last.
(e) The provisions of subsections (c) and (d) of said section 35A of said chapter 266, as so appearing, shall be reproduced in 12-point (pica) bolded font, with a heading, “Criminal Liability for False or Fraudulent Documents,” in least 16-point bolded font, and shall be displayed prominently in the public area of each registry of deeds. These provisions shall also be reproduced legibly, with a legible heading in bolded font, on the website of each registry of deeds, and, as a condition of doing business in the commonwealth, on the website of any firm that offers e-recording services in the commonwealth.
(f) The Secretary of the Commonwealth shall promptly notify all firms that offer e-recording services in the commonwealth of the provisions of subsections (a), (b), (c), (d) and (e).
(g) The Attorney General shall make available to all registers, to land court, superior court, members of the Massachusetts bar, and on the Attorney General’s website, referral forms for reporting violations of section 35A , of section 30 of chapter 2606 of the General Laws, and of any other violations of the General Laws that concern title to real property, together with instructions for completing and submitting such forms to the Attorney General’s office.
(h) The Attorney General may refer such cases for investigation and prosecution to the district attorney for the county or district in which a case arises.
(i) The Attorney General shall report to the legislature annually, within thirty (30) days of the end of each fiscal year, on (1) the number of referrals received during the preceding fiscal year for violations identified in (g) and the violations alleged; (2) the number and types of cases in which civil enforcement actions or criminal charges have been brought, whether by the Attorney General’s office or by a district attorney; and (3) the status and disposition of each such case, including sentences of restitution to victim(s) of foreclosure and attempted foreclosure and larceny and attempted larceny of real property and of prohibition from doing business in the commonwealth.
(j) The maximum amounts of all fines for violations of section 35A shall be adjusted annually on January 1 in accordance with the consumer price index as defined in section one of the Internal Revenue Code.
SECTION 12: Chapter 266 Section 30 subsection 5 is amended by striking out ”,60 years of age or older, or of a person with a disability as defined in section 13K of chapter 265,”
| Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reverse the impact of structural racism in the illegal lending and taking of title to property and myriad associated damages and to end the lengthy delay of justice that thus far has meant justice denied.
Whereas, the deferred operation of this act would tend to defeat its purpose, which is like that of the first true Massachusetts recording act, “For avoiding all fraudulent conveyances, and that every man may know what estate or other interest other men may have in any houses, lands, or other hereditaments they are to deal in….” 1 Mass. Colonial Records 306 (1640); including to facilitate the accurate determination of title to real estate in the commonwealth; to enable every homeowner with a mortgage on real property to know at all times who holds the mortgage and who owns the mortgage note; to enable municipalities to know who is liable for real estate taxes and other charges pertaining to properties; to provide certain foreclosure-related criminal provisions, and to re-establish the settled meanings of certain terms defined herein, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to education or training activities for purposes of meeting the Department of Transitional Assistance work requirement | H169 | HD170 | 193 | {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:56:35.317'} | [{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:56:35.3166667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-10T13:56:35.6466667'}] | {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-10T13:56:35.317'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H169/DocumentHistoryActions | Bill | By Representatives Galvin of Canton and Philips of Sharon, a petition (accompanied by bill, House, No. 169) of William C. Galvin and Edward R. Philips relative to education or training activities for purposes of meeting the Department of Transitional Assistance work requirement for applicants seeking certain master’s degrees. Children, Families and Persons with Disabilities. | Section 1: Section 18 of Chapter 118 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end of the section, the following paragraph:-
Notwithstanding any general or special law to the contrary, the commissioner of the department or the commissioner’s designee will promulgate rules and regulations for the purpose of meeting the work requirement for applicants seeking a master’s degree in, but not limited to, nursing and social work.
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An Act promoting housing opportunity and mobility through eviction sealing (HOMES) | H1690 | HD3625 | 193 | {'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:30:58.373'} | [{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:30:58.3733333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T16:26:45.7566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-22T15:26:50.63'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-28T16:03:39.1'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-28T16:03:39.1'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T14:53:21.06'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-03T13:23:37.1933333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T15:55:50.8266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-06T15:55:50.8266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:55:50.8266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T12:10:20.5133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:10:20.5133333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-13T12:10:20.5133333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-13T12:10:20.5133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:10:20.5133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-16T15:24:45.3233333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-16T15:24:45.3233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-16T15:24:45.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T19:09:28.12'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-24T19:09:28.12'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-24T19:09:28.12'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-24T19:09:28.12'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-24T19:09:28.12'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-03-01T17:11:39.0233333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T17:11:39.0233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-09T13:02:57.5566667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-15T15:59:43.85'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-15T15:59:43.85'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T15:59:43.85'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T15:59:43.85'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-22T12:34:54.36'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-22T12:34:54.36'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T12:34:54.36'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-19T13:26:23.93'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-05-19T13:26:23.93'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-19T13:26:23.93'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-21T15:01:35.06'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-07-12T15:49:53.0933333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1690/DocumentHistoryActions | Bill | By Representative Moran of Boston, a petition (accompanied by bill, House, No. 1690) of Michael J. Moran and others relative to evictions. The Judiciary. | “SECTION 135A. Chapter 239 of the General Laws is hereby amended by adding the following section:-
Section 15. (a) The following words, as used in this section, shall have the following meanings unless the context clearly requires otherwise:-
“Consumer report”, written, oral or other communication of any information by a consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the person’s eligibility for rental housing or other purposes authorized under section 51 of chapter 93.
“Consumer reporting agency”, individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
“Court”, the trial court of the commonwealth established pursuant to section 1 of chapter 211B and any departments or offices established within the trial court.
“Court record”, paper or electronic records or data in any communicable form compiled by, on file with or in the care custody or control of, the court, that concern a person and relate to the nature or disposition of an eviction action or a lessor action.
“Eviction action”, a summary process action under this chapter to recover possession of residential premises.
“Lessor action” any civil action brought against the owner, manager or lessor of residential premises by the tenant or occupant of such premises relating to or arising out of such property, rental, tenancy or occupancy for breach of warranty, breach of any material provision of the rental agreement or violation of any other law.
“No-fault eviction” any eviction action in which the notice to quit, notice of termination or complaint does not include an allegation of nonpayment of rent or of violation of any material term of the tenancy by the tenant or occupant; provided, however that a “no-fault eviction” shall include an action brought after termination of a tenancy for economic, business or other reasons not constituting a violation of the terms of the tenancy.
(b) Any person having a court record of a no-fault eviction on file in a court may petition the court to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of the commonwealth, signed under the penalties of perjury, and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that the record only pertains to a no-fault eviction and the action has concluded with all rights of appeal exhausted. If no objection is filed by a party within seven (7) days of filing the petition, such court may, in its discretion, process such petitions administratively without a hearing .
(c) Any person having a court record in an eviction action for non-payment of rent on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that: the record of the action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 4 years before the request and no eviction action for nonpayment or lessor action has been brought against the petitioner within the Commonwealth in the 4 years preceding the request; and (b) the petitioner certifies on the petition that the non-payment of rent was due to an economic hardship and such economic hardship has rendered them unable to satisfy the judgment. If no objection is filed by a party, the court may, in its discretion, process such petitions administratively without a hearing. If an objection is filed by a party, within seven (7) days of filing the petition, the Court shall conduct a hearing to determine the petitioner’s compliance with the foregoing conditions and may require the petitioner to complete a Financial Statement on a form furnished by the Trial Court.
(d) Any person having a court record of a fault eviction on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that the record of the action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault or lessor action has been brought against the petitioner within the Commonwealth in the 7 years preceding the request. If no objection is filed by a party, within seven (7) days of filing the petition, the court may, in its discretion, process such petitions administratively without a hearing .
(e) Any person having a court judgment against them in a civil action commenced pursuant to General Laws c. 139 Section 19 on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall schedule a hearing to determine: (a) whether such action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault, or action pursuant to General Laws c. 139 Section 19, has been brought against the petitioner within the Commonwealth in the 7 years preceding the request, and such petitioner has not been convicted of any criminal offense reference in Chapter 139, Section 19 during such 7 year period; and (b) whether the sealing of such record is the interest of justice and public safety. Notwithstanding any provision to the contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal .
(e) Upon motion and for good cause shown, or as otherwise authorized by this section, court records sealed under this section may at the discretion of the court and upon a balancing of the interests of the litigants and the public in nondisclosure of the information with the interests of the requesting party, be made available for public safety, scholarly, educational, journalistic or governmental purposes only, provided, however, that the personal identifying information of the parties involved in the action, shall remain sealed unless the court determines that release of such information is appropriate under this subsection and necessary to fulfill the purpose of the request. Nothing in this subsection shall be deemed to permit the release of personal identifying information for commercial purposes.
(f) Nothing in this section shall prohibit the dissemination of information contained in a record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal prosecution; or (iv) where information in the sealed record was entered into evidence in a criminal prosecution that resulted in a criminal charge.
(g) Nothing in this section shall prohibit a person or their representative from petitioning the court to obtain access to sealed eviction records in which the person is a party.
(h) A consumer reporting agency shall not disclose the existence of, or information regarding, an eviction record sealed under this section or use information contained in a sealed court record as a factor to determine any score or recommendation to be included in a consumer report unless the court record was available for inspection with the court not more than 30 days of the report date. A consumer reporting agency may include in a consumer report, information found in publicly available court records, provided, however, that the consumer report shall include a person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor action, and the outcome of any eviction action if such information is contained in the publicly-available court record. Information contained in a sealed court record shall be removed from the consumer report or from the calculation of any score or recommendation to be included in a consumer report not more than 30 days of the sealing of the court record from which it is derived. Any consumer reporting agency that violates this subsection shall be liable to the person who is the subject of the consumer report in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure and, the costs of the action, including reasonable attorney’s fees. The attorney general shall enforce the provisions of this paragraph and remedies provided hereunder shall not be exclusive. Nothing in this subsection shall be deemed to waive the rights or remedies of any person under any other law or regulation.
(i) An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: “An applicant for housing or credit with a sealed record on file with the court pursuant to section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record. No party shall be liable for any violation of the foregoing provision unless such party has first been issued a written warning from the Attorney General’s office and has failed to address the violation within ninety (90) days of such notice. The petition provided by the Court for the sealing of records as provided herein and any order granting such petition shall contain the following notice: “An applicant for housing or credit with a sealed record on file with the court pursuant to section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record .”
(j) A party who obtains a judgment or enters into an agreement in an eviction action solely for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or agreement, file with the court in which the judgment or agreement was entered a notice of satisfaction of the judgment or agreement. A party that has satisfied such a judgment or agreement may, upon noncompliance with this subsection by the other party, file a petition for the judgment or agreement to be deemed satisfied, with notice to the parties to such action. The court shall comply with the petitioner’s request provided that the record only pertains to an action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection is filed by a party within seven (7) days of filing the petition, such court may, in its discretion, process such petitions administratively without a hearing. Upon the filing of a notice of satisfaction of judgment or an agreement, or court judgment deeming the judgment or agreement satisfied, a party may petition the court to seal the court record pertaining to that action. The petition shall be on a form furnished by the Trial Court of the commonwealth, signed under the penalties of perjury, and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, a petition may be filed in each such court. Notice shall be given to parties to the original action. Such court shall comply with the petitioner’s request and seal the court record if the judgment or agreement has been satisfied and the action has concluded with all rights of appeal exhausted with no objection filed by a party within seven (7) days of filing the petition. The court may process such petitions administratively without a hearing.”; and
SECTION XX. Section 52 of chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in subsection (a), by inserting at the end thereof the following clause:- (7) eviction records sealed pursuant to section 15 of chapter 239.
SECTION XX. Subsection (h ) of section 15 of Chapter 239 shall take effect May 1, 2023.
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An Act relative to criminal investigations | H1691 | HD3636 | 193 | {'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:51:17.473'} | [{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:51:17.4733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1691/DocumentHistoryActions | Bill | By Representative Moran of Boston, a petition (accompanied by bill, House, No. 1691) of Michael J. Moran relative to authorizing the recording of conversations during certain investigations. The Judiciary. | SECTION 1. Subsection D of section 99 of chapter 272 of the General Laws is hereby amended by inserting, after paragraph 2 (e), the following paragraph:
(f) Notwithstanding any other provision of this chapter, a law enforcement official conducting an authorized investigation into a crime against a person or for arson may conduct a one party recording with a suspect in a police facility which had clear and conspicuous notices that conversations concerning crimes against a person or for arson may be recorded in said facility without an additional notice after the individual has been given his Miranda warnings.
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An Act relative to civil liability for protecting one’s home | H1692 | HD795 | 193 | {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:16:13.983'} | [{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:16:13.9833333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1692/DocumentHistoryActions | Bill | By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 1692) of David K. Muradian, Jr., relative to the indemnification of certain persons from civil proceedings for injuries or deaths of persons unlawfully entering their dwelling. The Judiciary. | SECTION 1. Section 8A of chapter 278 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting the following paragraph:-
If a person using this defense is found not guilty by a court of competent jurisdiction, said person shall not be liable in civil proceedings for the injury or death of the person unlawfully in said dwelling.
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An Act relative to felony threshold for multiple theft offenses | H1693 | HD802 | 193 | {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:20:51.82'} | [{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:20:51.82'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1693/DocumentHistoryActions | Bill | By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 1693) of David K. Muradian, Jr., relative to the felony threshold for multiple offenses for the crime of theft. The Judiciary. | SECTION 1: Section 30 of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-
For purpose of this section, multiple violations of either this section or section 30A of this chapter occurring within a one hundred eighty day period may be aggregated into a single count with the aggregated value of the property stolen used to determine whether the violation is a misdemeanor or felony as provided herein.
SECTION 2: Section 37B of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-
A series of two or more violations of this section occurring within a one hundred and eighty day period may be aggregated into a single count with the aggregated value of money, goods, or services obtained used to determine whether the violation is a misdemeanor or felony as provided herein.
SECTION 3: Section 37C of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-
A series of two or more violations of this section occurring within a one hundred and eighty day period may be aggregated into a single count with the aggregated value of money, goods, or services obtained used to determine whether the violation is a misdemeanor or felony as provided herein.
SECTION 4: Section 60 of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-
A series of two or more violations of this section occurring within a one hundred and eighty day period may be aggregated into a single count with the aggregated value of property obtained used to determine whether the violation is a misdemeanor or felony as provided herein.
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An Act to provide critical community health services | H1694 | HD3314 | 193 | {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:53:58.557'} | [{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-10T14:53:58.5566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-22T13:07:05.1733333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-04T10:49:23.9733333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-19T17:02:38.64'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:17:36.6366667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-03T10:27:01.95'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:32:57.84'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-16T10:09:06.0033333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-05-26T11:39:49.6366667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-07-18T13:37:34.0433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-06T15:49:55.3466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-26T20:19:20.2033333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-09T14:54:15.0633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-14T22:27:36.48'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-09T11:28:46.6533333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:25:25.2066667'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T08:15:58.78'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-31T17:12:03.11'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:18:39.3166667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T21:16:48.2466667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-06-14T17:04:16.0466667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:49:00.4633333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:42:17.7466667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-01T10:51:42'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T19:01:13'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-25T11:45:36.9633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1694/DocumentHistoryActions | Bill | By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 1694) of Mathew J. Muratore and others for legislation to create a new court-supervised community-based mental health treatment process. The Judiciary. | SECTION 1. Section 1 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the following definitions:-
“Critical community health services”, health, behavioral health and social services that can be provided in a community setting and do not require continuous inpatient hospitalization.
“Critical community health service treatment plan”, a plan defining a set of health, behavioral health or social services delivered to an individual.
SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further amended by inserting after the definition of “Funds” the following definition:-
“Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a mental illness, is at substantial risk of inflicting serious harm to self or others, or is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions; and has shown an inability to provide for his or her basic physical needs, including medical and psychiatric treatment and shelter, because of the mental illness.
SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further amended by inserting after the definition of “Superintendent” the following definition:-
“Supervising mental health professional”, a mental health services provider who is required pursuant to such practice to obtain a license from the commonwealth or who, at the discretion of the court, is deemed suitable to supervise a critical community health service treatment plan.
SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the following section:-
Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the department of mental health, the superintendent of a medical facility or residence where the individual receives medical care, or the medical director of the Bridgewater state hospital, or the spouse, blood relative, legal relative, legal guardian or individual partner in a substantive dating relationship, shall be authorized to petition for an order of a critical community health service treatment plan in the district court in whose jurisdiction a facility is located that shall provide such services, for any individual who:
(1) has a primary diagnosis of a serious mental illness;
(2) is at least 18 years old; and
(3) meets the following criteria:
(i) is gravely disabled;
(ii) has a history of lack of compliance with treatment for mental illness that, prior to the filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the previous 36 months, hospitalization or receipt of mental health services in a forensic or department of correction facility or house of corrections or the Bridgewater state hospital; or (B) the commission of one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the previous 36 months;
(iii) is in need of, based on the individual’s treatment history and current behavior, critical community health services in order to prevent a relapse or deterioration that would likely result in serious harm to the individual or others; and
(iv) is likely to benefit from critical community health services.
The petition shall include a written critical community health service treatment plan prepared in consultation with, when possible, those familiar with the individual, the superintendent or physician in charge of the care of the individual or those familiar with the case history of the individual. The treatment plan shall include:
(1) a statement of the requirements for supervision, medication, and assistance in obtaining basic necessities such as employment, food, clothing, and shelter;
(2) if known, the address of the residence where the individual resides and the name of the person or persons in charge of the residence;
(3) if known, the name and address of any person, agency, or organization assigned to supervise a critical community health service treatment plan or care for the individual; and
(4) the conditions for continued receipt of critical community health services, which may require reporting, continuation of medication, submission to testing, or other reasonable conditions.
(b) A petition for critical community health services may be filed along with, and as an alternative to, a petition for inpatient commitment under section 7.
(c) A hearing shall be commenced within 4 days of the filing of the petition. The periods of time prescribed or allowed under the provisions of this section shall be computed pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for good cause shown. In granting adjournments, the court shall consider the need for further examination by a physician or the potential need to provide treatment expeditiously.
(d) A court may not issue a critical community health service treatment plan unless it finds that providing critical community health services is the least restrictive alternative available to the person.
(e) If, after the hearing, the court finds by clear and convincing evidence that the individual who is the subject of the petition meets the criteria for critical community health services included in subsection (a), the court may order the supervising mental health professional of an appropriate treatment program to supervise the plan for such services.
Critical community health services shall not be ordered unless the court approves a written critical community health service treatment plan presented to the court which conforms to the requirements of this section and which contains the name of the designated director of the facility that will supervise and administer the service plan.
(f) The first order for critical community health services shall not exceed 180 days, and any subsequent order shall not exceed 365 days.
(g) Before an order for critical community health services can commence, the individual shall be provided with copies of the court order and full explanations of the approved service plan. The approved service plan shall be filed with the court and the supervising mental health professional in charge of the individual's service plan.
(h) During any period in which an individual receives critical community health services, the individual or the supervising mental health professional may petition the court to amend the critical community health service treatment plan. The court may order an amended service plan or, if contested, the court may order a hearing on the amended plan. If an amended service plan is contested, the party wishing to amend the service plan shall provide the opposing party the proposed amended service plan at least 7 days before the filing of a petition.
(i) A supervising mental health professional may petition the court for a hearing if the supervising mental health professional has determined that the individual is not complying with the critical community health service treatment plan.
When a supervising mental health professional determines that the individual has not complied with any condition of the service plan, that monitor shall notify the court of the conditions of the treatment plan that have been violated. Upon receiving notice from the supervising mental health professional, the court shall appoint counsel, if necessary, and schedule a service plan non-compliance hearing for a date no less than 7 days and not more than 14 days after receiving said petition, except in extraordinary circumstances, as determined by the court. The court shall create a standard “notice of service plan non-compliance” form, which the monitor shall complete with the times and dates of the alleged non-compliance of the individual.
The notice of service plan non-compliance shall set forth the conditions of the plan that the supervising mental health professional alleges have not been complied with and shall order the individual to appear at a specific date and time for the non-compliance hearing, and shall be delivered to all parties to the original proceeding under which the service plan order was issued.
Service plan non-compliance hearings shall proceed in two distinct steps, the first to adjudicate the factual issue of whether the plan is being complied with and the second to determine the disposition of the matter, if plan non-compliance is found by the court to have occurred.
If the court finds that the individual has not complied with one or more conditions of the service plan as alleged, the supervising mental health professional shall recommend to the court a course of immediate action and may present argument and evidence in support of that recommendation. If the court determines that the individual is not complying with the terms of the order, the court may amend the service plan as the court deems necessary. The amended order may alter the service plan, or the court may request, under the provisions of section 12 of
this chapter, an emergency evaluation to determine whether the failure to hospitalize the individual would create a likelihood of serious harm.
(j) The supervising mental health professional shall require periodic reports, not more frequently than every 30 days, concerning the condition of individuals receiving critical community health services from any person, agency, or organization assigned to treat such individuals.
(k) The supervising mental health professional shall review the condition of an individual ordered to receive critical community services at least once every 30 days.
(l) The supervising mental health professional may, at any time, petition the court for termination of an individual’s critical community health service plan if the supervising mental health professional determines that critical community health services are no longer the least restrictive appropriate treatment available.
(m) Nothing in this section shall prevent the supervising mental health professional from authorizing involuntary commitment and treatment in cases of emergency under section 12 of this chapter.
(n) The individual or their representative may petition for termination of an order for critical community health services.
(o) All hearings under this section shall be conducted by a judge consistent with the requirements of this chapter and applicable law with such flexibility and informality as the court may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court, if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of proof at such hearing will be that of clear and convincing evidence.
(p) Reasonable expense incurred in providing critical community health services may be paid for out of the estate of the individual, by the petitioner or by the commonwealth, as may be determined by the court.
SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by inserting after the words “of section eight B.”, in line 39, the following words:- Any person may apply to the court stating their belief that an individual currently receiving critical community health services under section 8 1/2 should no longer be so treated.
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An Act relative to landlords accountability with regard to drug houses | H1695 | HD1449 | 193 | {'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-13T14:45:36.957'} | [{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-13T14:45:36.9566667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1695/DocumentHistoryActions | Bill | By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1695) of James M. Murphy for legislation to establish penalties for landlords knowingly providing premises to be used for illegal drug purposes. The Judiciary. | SECTION 1: Chapter 139 of the General Laws, as appearing in the 2014 Official Edition,Chapter 20 is hereby amended by adding in the first line before the word "whomever" the following:
Section 20 (a) An owner of a residential dwelling unit shall not knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the dwelling unit which is used for the unlawfully manufacturing, storing, distributing, or using a controlled substance as set forth in section 31 of chapter 94C; provided, however that no housing authority shall be an owner under this section.
SECTION 2: Chapter 139 of the General Laws, as appearing in the 2014 Official Edition is hereby further amended by adding at the end of Chapter 20 the following:
(b) Any landlord who violates subsection (a), and who knew or reasonably should have known that said dwelling unit is being used for unlawfully manufacturing, storing, distribution, or using a controlled substance shall be subject to a civil penalty of not more than the greater of: $1,000 for the first offense; $5,000 for the second offense; and $10,000 for each offense after; and possible forfeiture of said dwelling. If a civil penalty is calculated under this subsection and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
(c) Penalties paid under this section shall be collected during time of sentencing and disbursed to the arresting agency to be used for drug awareness education or substance abuse counseling or advocacy for youths, parents and other interested adults.
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An Act regarding willful injury to public defenders and other court personnel | H1696 | HD1537 | 193 | {'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T15:00:02.043'} | [{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T15:00:02.0433333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1696/DocumentHistoryActions | Bill | By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1696) of James M. Murphy relative to the penalties for willful injury to public defenders and other court personnel. The Judiciary. | SECTION 1. Chapter 269, of the General Laws, as appearing in the 2014 official edition, is hereby amended by adding the following section:
Section 14C: Whoever willfully harms, or commits serious bodily injury directly or indirectly to any public employee, public defender, employee of the District Attorney's office, probation officer, or any member of the court system, shall be punished by imprisonment in the state prison for not more than two years or by a fine of not more than two thousand dollars.
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An Act to prohibit the sale of "energy drinks" to persons under the age of 18 | H1697 | HD3839 | 193 | {'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-20T14:46:36.893'} | [{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-20T14:46:36.8933333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1697/DocumentHistoryActions | Bill | By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 1697) of James M. Murphy relative to penalties for the sale of energy drinks to persons under the age of 18. The Judiciary. | Chapter 270 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding Section 28:
Section 28: Whoever distributes, delivers, gives away or sells, any “Energy Drink” or other ingredient, substance or beverage that exceeds a caffeine content of seventy-one (71) milligrams per twelve (12) ounce serving and contains taurine and glucuronolactone or a soft drink that is classified as a dietary supplement not regulated by the Food and Drug Administration and that contains eighty (80) or more milligrams of caffeine per eight (8) fluid ounces and generally includes a combination of methylxanthines, B vitamins and herbal ingredients which are advertised as being specifically designed to provide or increase energy to any persons under the age of eighteen (18) shall be punished by a fine not less than fifty (50) dollars for the first offense, one hundred (100) for the second offense and two hundred fifty (250) for the third offense.
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An Act prohibiting the practice of coal rolling | H1698 | HD843 | 193 | {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T13:44:11.907'} | [{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T13:44:11.9066667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1698/DocumentHistoryActions | Bill | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1698) of Brian W. Murray for legislation to establish a penalty for the retrofitting of certain Diesel-powered vehicles with alternate emission devices. The Judiciary. | Chapter 90 of the General Laws is hereby amended by inserting after section 16B, as appearing in the 2016 Official Edition, the following section:-
Section 16C. (a) No person shall retrofit a diesel-powered vehicle with a device, smoke stack or other equipment that enhances the vehicle’s capacity to emit soot, smoke or other particular emissions.
(b) No person operating a diesel-powered vehicle shall intentionally release significant quantities of soot, smoke, or other particulate emissions into the air, onto roadways or other vehicles in a manner that obstructs or obscures another person's view of the roadway, other users of the roadway, or a traffic control device or otherwise creates a hazard to a driver.
(c) Any person who violates this section shall be subject to a penalty of not less than $100 or more than $1000.
| null | [] | [] | [{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}] | [] |
An Act making technical changes to the laws regulating a certain notarial act | H1699 | HD860 | 193 | {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:17:31.193'} | [{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:17:31.1933333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1699/DocumentHistoryActions | Bill | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1699) of Brian W. Murray relative to making technical changes to the laws regulating a certain notarial act. The Judiciary. | SECTION 1. Chapter 183 of the General Laws is hereby amended by striking out section 42 and inserting in place thereof the following new section:
Section 42. The forms set forth in the appendix to this chapter and in section 15 of chapter 222 for taking acknowledgments to deeds and other instruments and for certifying the authority of officers taking proofs or acknowledgments may be used but the existence of those forms shall not preclude the use of any other forms lawfully used as required or authorized by any general or special law or any regulation or executive order regulating notaries public, including forms that acknowledge the act of an individual executing a document in a representative capacity but fail to acknowledge the deed or instrument as the act of the principal or grantor.
SECTION 2. Section 1 of chapter 222 of the General Laws is hereby amended by striking out the definition of “Acknowledgment” and inserting in place thereof the following: “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 to the notary public and indicates that the individual has executed the document for the purposes stated therein, and, if applicable, that the individual was authorized to sign in a particular representative capacity and did so as the act of the person or entity stated therein.
SECTION 3. Section 15 of said chapter 222 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:
(b) A notary public shall take the acknowledgment of the signature or mark of persons acknowledging for themselves or in any representative capacity by using substantially the following form:
“On this ____ day of ___________, 20__, before me, the undersigned notary public, ________________________ (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were _______________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it for its stated purpose.
(as partner for ____________, a partnership)
(as ____________ for ______________, a corporation or other entity)
(as attorney in fact for ________________, the principal)
(as ___________ for _______________, (a) (the) _________________)
as the act of the (partnership)(corporation or other entity)(principal)( ).
_________________ (official signature and seal of notary public)”.
SECTION 4. Section 20 of said chapter 222 is hereby amended by removing the words “voluntary or free” from the third numbered paragraph of subsection (b).
SECTION 5. Form 13, as set forth in the appendix to chapter 183 of the General Laws, is hereby amended by removing the word “free.”
SECTION 6. Form 14, as set forth in the appendix to chapter 183 of the General Laws, is hereby amended by removing the word “free.”
SECTION 7. Form 15, as set forth in the appendix to chapter 183 of the General Laws, is hereby amended by removing the word “free.”
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An Act establishing a special commission on retirement credit purchases | H17 | HD17 | 193 | {'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:13:08.243'} | [] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H17/DocumentHistoryActions | Bill | So much of the recommendations of the Teachers' Retirement System (House, No. 16) as relates to establishing a special commission on retirement credit purchases. Public Service. | SECTION 1. There shall be a special commission to evaluate and study the costs and benefits attributable to all service purchases allowed under Chapter 32. The special commission shall: review the associated actuarial liabilities; recommend appropriate cost-sharing between employee and employer; explore whether the types of allowable service purchases can be expanded to help recruit and retain public employees; and recommend any other changes deemed necessary to improve the long-term sustainability of Massachusetts contributory retirement systems.
The commission shall consist of: the chair of the public employee retirement administration commission or a designee; the chairs of the state and teachers’ retirement boards, or their designees; the house and senate chairs of the joint committee on public service, who shall serve as co-chairs; 1 member of the senate who shall be appointed by the minority leader; 1 member of the house of representatives, who shall be appointed by the minority leader; the President of MACRS or her designee; a representative of the Mass. Association of School Superintendents; the Commonwealth’s director of human resources or his designee; a representative of the Massachusetts Municipal Association; the Secretary of A&F or his designee; an actuary to be appointed by the Governor; a representative of a teacher’s union to be appointed by the state treasurer; a representative of a state employee union to be appointed by the governor. The special commission shall make recommendations, including proposed amendments to chapter 32 of the General Laws. The special commission shall file its recommendations, including any proposed legislation, with the clerks of the Senate and House of Representatives not later than May 1, 2024.
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An Act requiring licensure for use of graduated electronic decelerators | H170 | HD143 | 193 | {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:22:20.21'} | [{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:22:20.21'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T09:47:01.0166667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H170/DocumentHistoryActions | Bill | By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 170) of William C. Galvin and Carol A. Doherty relative to licensure for the use of graduated electronic decelerators to alter behavior of persons with disabilities. Children, Families and Persons with Disabilities. | Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 244. (a) As used in this section, the term “graduated electronic decelerator” shall mean a device that applies a noxious electrical stimulus or electric shock to the skin of a person with a disability to alter behavior.
(b) The department shall promulgate rules and regulations for the training, certification and licensing of individuals to administer or cause to be administered a procedure using a graduated electronic decelerator. The regulations shall require a comprehensive training program that includes, but is not limited to: (i) appropriate and necessary use; (ii) prohibited uses; (iii) alternatives to use, including de-escalation strategies, positive reinforcement, non-aversive measures and less intrusive procedures; (iv) safe administration, including ways to minimize pain and injury; (v) health and safety risks of use and misuse; (vi) signs of abuse; (vii) evidence of trauma; (viii) requirements for approval and supervision of use; (ix) penalties for unauthorized use or misuse; (x) policies and procedures for reporting of unauthorized use or misuse; and (xi) an examination approved by the department testing the applicant’s professional skills, judgment and fitness to administer or cause to be used a graduated electronic decelerator.
(c) No person shall administer, cause to be administered or supervise a person who administers a procedure using a graduated electronic decelerator without a license. No person with a license shall misuse, cause a graduated electronic decelerator to be misused or supervise a person who misuses a graduated electronic decelerator.
(d) No entity operating within the commonwealth shall permit an individual without a license granted pursuant to this section to administer or cause to be administered a procedure using a graduated electronic decelerator. No entity operating within the commonwealth shall permit an individual with a license granted pursuant to this section to misuse or cause a graduated electronic decelerator to be misused.
(e) A violation of this section shall be punishable of a fine not to exceed $500.
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An Act to modernize the administration of registered land under chapter 185 of the General Laws
| H1700 | HD865 | 193 | {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:31:37.363'} | [{'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-17T14:31:37.3633333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1700/DocumentHistoryActions | Bill | By Representative Murray of Milford, a petition (accompanied by bill, House, No. 1700) of Brian W. Murray relative to the administration of registered land. The Judiciary. | SECTION 1. Chapter 185 of the General Laws is hereby amended by striking out section 52 and inserting in place thereof the following section:-
Section 52. The obtaining of a judgment of registration and the entry of a certificate of title shall be regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff's successors in title that the land shall be and forever remain registered land and subject to this chapter unless withdrawn under this section or section 16 of chapter 183A and except as provided in section 26.
If all of a parcel of land, the title to which is registered under this chapter, is acquired by the commonwealth, any agency, department, board, commission or authority of the commonwealth, any political subdivision of the commonwealth or any authority of any political subdivision of the commonwealth, the filing of the taking by the authority or the issuance of a certificate of title in the name of the authority shall be a sufficient ground for withdrawal of the registered land from this chapter. The land so acquired shall be withdrawn upon the filing with the land court of a “notice of withdrawal by public entity,” a certified copy of which shall be filed in the registry district where the land lies.
All the owners of the fee simple estate in all of a parcel of land, the title to which has been registered under this chapter, may voluntarily withdraw the registered land from this chapter by filing a notice of voluntary withdrawal with the land court together with:
(a) a report by an examiner of titles appointed pursuant to section 12 certifying as to the identity
of the record owner and any mortgagees or lessees of record having an interest in the registered land; and
(b) an attorney’s affidavit certifying that notice of an intention to file the notice of voluntary withdrawal has been given by certified mail to all mortgagees and lessees of record appearing on the report by the examiner of title so appointed.
If no objection has been filed by a mortgagee or lessee of record within thirty (30) days following the date of filing of the notice of voluntary withdrawal with the land court, a justice of the court shall approve and endorse the plaintiff's notice of voluntary withdrawal. Notwithstanding the filing of an objection within thirty (30) days, the notice of voluntary withdrawal shall be endorsed by a justice of the land court unless the court determines that there is good cause for the objection.
Upon endorsement by a justice of the land court, the notice of voluntary withdrawal shall be noted on the memorandum of encumbrances for the certificate of title and recorded with the registry of deeds for the district within which the land lies, whereupon the land shall be withdrawn from this chapter and shall become unregistered land. The owners shall hold title to the land free of all liens and encumbrances, including adverse possession and prescriptive rights, existing as of the date the notice of voluntary withdrawal is noted on the memorandum of encumbrances, as though a judgment of confirmation without registration had been recorded under section 56A; provided, however, that the owners shall not hold title free of the encumbrances set forth or referred to in section 46 and those noted on the certificate of title or filed for registration before the date the notice of voluntary withdrawal is noted on the
memorandum of encumbrances.
As used in this section, ''notice of voluntary withdrawal'' shall mean an instrument in writing signed and acknowledged by all owners of the land to be voluntarily withdrawn, as evidenced by the report by the examiner filed with the notice and attorney’s affidavit as provided above, and that contains the following information: names and addresses of all owners; the certificate of title number with the registration book and page numbers; the description of the land in the form contained in the certificate of title; and the street address of the land, if any. The owner shall deposit with the recorder a sum sufficient to cover costs of the proceeding. Upon filing with the court, the notice of voluntary withdrawal shall be presented for the endorsement of a justice of the court approving the voluntary withdrawal as provided in this section.
The justices of the land court shall establish rules and practices, including an appropriate filing fee for the notice of voluntary withdrawal, as necessary to implement this section.
SECTION 2. Section 114 of said chapter 185 is hereby amended by striking out section 114 and inserting in place thereof the following section:-
Section 114.
No erasure, alteration or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the recorder or an assistant recorder, except in an instance in which the assistant recorder determines that a clerical error or omission has been made in the entry of the certificate of title or memorandum thereon, and otherwise by order of the court.
A registered owner or other person in interest may apply by motion to the court upon the ground
that registered interests of any description, whether vested, contingent, expectant or inchoate, have terminated and ceased; or that new interests not appearing upon the certificate have arisen or been created; or that any error or omission was made in entering a certificate or any memorandum thereon; or that the name of any person on the certificate has been changed; or that the registered owner has married, or if registered as married, that the marriage has been terminated; or upon any other reasonable ground; and the court may hear and determine the motion after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms, requiring security if necessary, as it may consider proper; but this section shall not authorize the court to open the original judgment of registration, and nothing shall be done by the assistant reorder or ordered by the court that shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs or assigns, without his or their written consent.
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An Act supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records | H1701 | HD639 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:36:15.84'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:36:15.84'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T20:47:51.6166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-29T12:09:55.13'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:15:51.0533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:45:23.0866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:19:18.69'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-15T14:20:09.0933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:13:49.05'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T13:48:38.83'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T11:58:22.24'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:17:14.21'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-09-28T12:49:06.0033333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:26:08.7833333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-04T16:19:14.1066667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-16T13:44:16.7866667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T15:22:36.24'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T12:15:51.92'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T08:29:46.7766667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T14:57:54.4266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:02:50.5333333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-03T16:49:47.0133333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-16T10:14:32.54'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T12:04:56.74'}] | {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-14T18:36:15.84'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1701/DocumentHistoryActions | Bill | By Representatives Nguyen of Andover and Barber of Somerville, a petition (accompanied by bill, House, No. 1701) of Tram T. Nguyen, Christine P. Barber and others relative to supporting survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records. The Judiciary. | SECTION 1. Section 100E of chapter 276 of the General Laws, as so appearing, is hereby amended by adding the definition “victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations” as follows “a victim of act(s) constituting (i) abuse as defined in section 1 of chapter 209A (ii) human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or (iii) act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations.”
SECTION 1. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by striking the word “or” at the end of paragraph (a)(5).
SECTION 2. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the sixth paragraph of subsection (a), the following paragraph:-
(7) an offense that occurred as a result of the petitioner being a victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations.
SECTION 3. Section 100K of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence of subsection (b), the following sentences:-
Any official documentation from any local, state or federal community-based or governmental agency of the defendant’s status as a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was a result of their victimization, but shall not be required for granting a petition. For purposes of this subsection, “official documentation” shall be defined as any document issued by a local, state or federal community-based or government agency in the agency’s official capacity. A judge shall consider any credible evidence including testimony of the petitioner in determining eligibility for relief.
SECTION 4. Chapter 276 of the General Laws is hereby amended by striking out section 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the following section:-
Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section 100H, or section 100K available for inspection in any form by any person.
SECTION 5. Section 100C of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph, the following paragraphs:-
Notwithstanding other provisions in section 100A—100C, a judge may without a waiting period seal any court appearance or disposition where the offense occurred as a result of the petitioner being a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations, and the petitioner can establish a connection between the offense and having been a victim of the aforementioned act(s) and it appears to the court that substantial justice would best be served by the sealing of the record(s).
A judge shall consider any credible evidence including testimony of the petitioner in determining eligibility for relief under this section. Any official documentation from any local, state or federal community-based or governmental agency of the defendant’s status as a victim of act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations, at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was connected to their victimization, but shall not be required for granting a petition. For purposes of this subsection, “official documentation” shall be defined as any document issued by a local, state or federal community-based or government agency in the agency’s official capacity, or any criminal justice agency as defined by section 167 of chapter 6.
SECTION 6. Sections 100A, 100B, and 100C of chapter 276 of the General Laws, as so appearing, are hereby amended by inserting the following language at the end of each section: “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 information contained in the sealed records to the individual or the individual’s legal representative without first obtaining a court order.”
SECTION 7. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by changing the word “defendant” to “petitioner” throughout the section.
SECTION 8. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking the phrase “under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272 or under section 34 of chapter 94C for simple possession of a controlled substance” from subsection (a).
SECTION 9. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking the phrase “of a reasonable probability that the defendant's participation in the offense was a result of having been a human trafficking victim as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102” from subsection (a) and inserting the phrase “that petitioner was a victim of act(s) constituting abuse, human trafficking, or involuntary sexual relations as defined by Section 100E of chapter 276, and the petitioner participated in the offense as a result of fear, duress, coercion, or intimidation by a perpetrator of said act(s).”
SECTION 10. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting at the beginning of subsection (5) the following: A hearing on this petition is not required and the court may grant the petition without a hearing if the requirements are met or if the court finds justice so requires. If a hearing is conducted,”
SECTION 11. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting at the end of subsection (6) the following: “Any filings related to the petition shall be automatically filed under seal, and any hearings that take place shall be confidential, unless otherwise requested by the petitioner.”
SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph of subsection (b) the following: “The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.”
SECTION 13. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking “charges of engaging in common night walking or common streetwalking in violation of section 53 of chapter 272 and to charges of violating section 26 or 53A of said chapter 272” and by inserting “any charges” in its place. Also, by striking “while a human trafficking victim” and by inserting “as a result of being a victim of human trafficking.”
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An Act improving protections for sexual assault survivors | H1702 | HD625 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:05:45.35'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:05:45.35'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-14T23:23:00.1966667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:03:36.2533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:46:13.1833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:55:58.7133333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:19:11.85'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T14:42:21.6066667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:13:46.19'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:23:33.7466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:10:32.41'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-02-02T15:36:02.8766667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T14:40:06.7766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-01T13:53:48.3666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:54:26.69'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T14:08:17.0933333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-02T16:54:54.4233333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T13:02:08.4733333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T19:06:03.2266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-03T09:13:26.7366667'}] | {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-14T18:05:45.35'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1702/DocumentHistoryActions | Bill | By Representatives Nguyen of Andover and Higgins of Leominster, a petition (accompanied by bill, House, No. 1702) of Tram T. Nguyen, Natalie M. Higgins and others relative to protections for sexual assault survivors. The Judiciary. | SECTION 1. Subsection (ii)(B) of the third paragraph of section 1 of chapter 258E of the General Laws (entitled “Harassment”), is hereby amended by inserting after the word “43A” the following words: - “50 or 51”
SECTION 2. Section 3 of Chapter 258E of the General Laws is hereby amended by striking out subsection (a), and inserting in place thereof the following subsection: -
(a) A person suffering from harassment may file a complaint in the appropriate court requesting protection from such harassment. A person may petition the court under this chapter for an order including but not limited to the following: that the defendant:
(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult or minor;
(ii) refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor;
(iii) remain away from the plaintiff's household or workplace, whether the defendant is an adult or minor;
(iv) remain away from plaintiff if complaints are based on an act or acts that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43, 43A, 50 or 51 of chapter 265 or section 3 of chapter 272;
(v) pay the plaintiff monetary compensation for the losses suffered as a direct result of the harassment; provided, however, that compensatory damages shall include, but shall not be limited to, loss of earnings, out-of-pocket losses for injuries sustained or property damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted phone number and reasonable attorney's fees.
SECTION 3. Chapter 258E of the General Laws is hereby amended by inserting after section 4 of chapter 258E the following sections: -
Section 4A. Order for suspension and surrender of firearms license; surrender of firearms; petition for review; hearing
Upon issuance of a temporary or emergency order under section five of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, 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 the defendant 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 abuse prevention order served on the defendant pursuant to section seven. 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: Continuation or modification of order for surrender or suspension
Upon the continuation or modification of an order issued pursuant to section 4A 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 firearms and firearm identification card or firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of abuse 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 4. Chapter 258E of the General Laws is hereby amended by adding after section 12 the following section: -
Section 13. Possession, care and control of domesticated animal owned by persons involved in certain protective orders; notice to law enforcement upon finding of imminent threat to household member or animal
Section 13. (a) Whenever the court issues a temporary or permanent vacate, stay away, restraining or no contact order or a judgment under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or under section 3 to 7, inclusive, of chapter 258E or a temporary restraining order or preliminary or permanent injunction relative to a domestic relations, child custody, domestic abuse or abuse prevention proceeding, the court may order the possession, care and control of any domesticated animal owned, possessed, leased, kept or held by either party or a minor child residing in the household to the plaintiff or petitioner. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming or otherwise disposing of such animal.
(b) A party to any proceeding listed in subsection (a) may petition the court for an order authorized by said subsection (a).
(c) Whenever the court issues a warrant for a violation of a temporary or permanent vacate, stay away, restraining or no contact order or a judgment issued under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or section 3 to 7, inclusive, of chapter 258E or otherwise becomes aware that an outstanding warrant for such a violation has been issued against a person before the court, the judge may make a finding, based upon the totality of the circumstances, as to whether there exists an imminent threat of bodily injury to any party to such judgment or the petitioner of any such protective order, a member of the petitioner's family or household or to a domesticated animal belonging to the petitioner or to a member of the petitioner's family or household. If the court makes a finding that such an imminent threat of bodily injury to a person or domesticated animal exists, the court shall notify the appropriate law enforcement officials of such finding and the law enforcement officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.
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An Act to protect animals from convicted animal abusers | H1703 | HD640 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:51:05.443'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:51:05.4433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-17T14:04:51.2933333'}, {'Id': 'BMA1', 'Name': 'Brian M. 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Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T16:39:59.3933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:19:09.46'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:19:40.0033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-16T11:28:22.9066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:47:15.1333333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-06-01T16:42:43.0333333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T14:55:09.7866667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T15:55:14.0933333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:43:06.7233333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T12:38:44.4466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T17:54:33.6'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-06T08:52:12.7966667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. 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O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:19:06.1933333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-04-06T12:32:29.4266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:48:27.0766667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-09T15:29:52.65'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T10:39:44.7866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-06-04T20:12:29.08'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T10:10:01.9033333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-02T10:25:21.32'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T08:50:49.4033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-30T14:26:53.08'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-01T12:50:27.93'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-03T14:56:42.7366667'}] | {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-14T18:51:05.443'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1703/DocumentHistoryActions | Bill | By Representatives Nguyen of Andover and Howard of Lowell, a petition (accompanied by bill, House, No. 1703) of Tram T. Nguyen, Vanna Howard and others for legislation to protect animals from convicted animal abusers. The Judiciary. | SECTION 1. Chapter 272 of the General Laws is hereby amended by inserting after section 77 the following section:-
Section 77 ½ : Prohibition on access to animals by convicted animal abusers
(a) A person convicted of a violation of sections 77 , 77C , 80 ½ , 94 , or 95 of chapter 272 or section 112 of chapter 266 shall not harbor, own, possess, exercise control over, reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present for any length of time that the court deems reasonable for the protection of all animals; provided, however, that the length of time shall not be less than 5 years after the person’s date of conviction or release from custody, whichever is later, for a first offense or less than 15 years after the person’s date of conviction or release from custody, whichever is later, for a second or subsequent offense .
(b) The court shall notify relevant authorities of the duration of the prohibition within 30 days. Such authorities shall include any municipal officer involved with animal control and any municipal official responsible for the issuance of dog licenses in the municipality of the offender’s residence or residences, any special state police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, and if the offender will serve a probationary sentence, the probation department. Such notice to authorities shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
(c) A person convicted of a violation of sections 77, 77C, 80 ½, 94, or 95 of chapter 272 or section 112 of chapter 266, as a first offense, may petition the court to reduce the duration of the prohibition no more than once per year . Such petition shall include: (i) an identification by county and docket number of the proceeding in which the petitioner was convicted; (ii) the date the judgment of conviction entered; (iii) the sentence imposed following conviction; (iv) a statement identifying all previous proceedings for direct and collateral review and the orders or judgments entered; and (v) all grounds for reduction of the duration of the prohibition claimed by the petitioner. The petitioner shall have the burden of establishing by a preponderance of evidence all of the following: (i) the petitioner does not present a danger to animals; (ii) the petitioner has the ability to properly care for any and all animals the petitioner may harbor, own, possess, exercise control over, reside with, adopt, or foster, or with whom the petitioner may engage in an occupation, whether paid or unpaid, or with whom the petitioner may participate in a volunteer position at any establishment; and (iii) the petitioner has successfully completed relevant classes and counseling deemed sufficient by the court. The petitioner shall serve a copy of the petition upon the office of the prosecuting attorney and, if at the time of filing the petitioner is serving a probationary sentence, the probation department. Upon receipt of a petition, the court shall schedule a hearing. The prosecuting attorney shall respond to the petition, specifying whether the petitioner presents a danger to animals and whether the petitioner should have the duration of the prohibition reduced. If the petitioner has met their burden, the court may reduce the prohibition, issuing corresponding notice as established in subsection (b) and may order that the petitioner instead comply with reasonable and unannounced inspections of the petitioner’s residence or residences, for a period of time the court deems appropriate, by an animal control officer as defined in section 136A of chapter 140 or a police officer or special state police officer appointed under section 57 of chapter 22C.
(d) Any person found in violation of an order incorporating the provisions of this section, in addition to any other punishment provided by law, may be fined in an amount not exceeding $1,000 for each animal held in unlawful ownership or possession; shall forfeit custody of any animal involved in a violation of this section to the custody of an entity incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals ; and shall not harbor, own, possess, exercise control over, reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present for 5 years for a first offense or 15 years for a second or subsequent offense.
SECTION 2. Section 77C (d) of Chapter 272 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second paragraph and inserting in its place thereof the following sections:-
A person convicted of a violation of this section shall be subject to the prohibition on access to animals as required by section 77 ½ of chapter 272.
SECTION 3. Section 35WW of chapter 10 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines collected pursuant to section 37 of chapter 129.
SECTION 4. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
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An Act to reform the hate crime statutes | H1704 | HD1294 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T17:34:06.697'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T17:34:06.6966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-18T12:37:20.9566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:15:21.7466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:13:13.82'}] | {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-18T12:33:52.96'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1704/DocumentHistoryActions | Bill | By Representatives Nguyen of Andover and Williams of Springfield, a petition (accompanied by bill, House, No. 1704) of Tram T. Nguyen, Bud L. Williams and others for legislation to reform the hate crime statutes. The Judiciary. | SECTION 1. Section 222 of chapter 6 of the General Laws, as amended by chapter 30 of the Acts of 2021, is hereby amended by inserting, in line XX, after the words “section 39 of chapter 265” the words:- (vi) identify and recommend best practices for hate crime prevention, restorative justice programs, culturally competent outreach and reporting mechanisms, and data collection for both adults and juveniles, including those that can be implemented by police, prosecutors, judges, school officials, state agencies, community groups and others;
SECTION 2. Said section 222 of said chapter 6 is hereby further amended by striking, in line XX, the number “(vi)” and replacing it with:- (vii)
SECTION 3. Chapter 22C of the General Laws as appearing in the 2020 Official Edition is hereby amended by striking section 33 and replacing it with the following section:-
(a) The crime reporting unit shall quarterly obtain hate crime data from state, local, and campus police, and other law enforcement agencies as well as hate crime information and reports voluntarily produced by non law-enforcement entities such as community groups, advocacy groups, and civil rights agencies. All police departments and law enforcement agencies shall submit reports of hate crimes to the unit.
(b) The colonel shall promulgate regulations to standardize and centralize the submission and collection of hate crime data. Said regulations shall include, but not be limited to, the following: (1) establishment of a central repository for the collection and analysis of hate crime data and, upon the establishment of such repository, the crime reporting unit shall be responsible for collecting, analyzing, classifying and reporting such data, and shall maintain this information in the central repository; (2) procedures necessary to ensure effective data-gathering and preservation and protection of confidential information, and the disclosure of information in accordance with section thirty-five; (3) procedures for the solicitation, submission and acceptance of hate crime incident reports and the information to be included in such reports by law enforcement agencies, which shall include, but not be limited to, the demographic information of the alleged offender(s), the perceived protected characteristic(s) for which the victim(s) was targeted, and the actual protected characteristic(s) of the victim(s), if provided by the victim(s); (4) procedures for assessing the credibility and accuracy of reports of hate crime data from law enforcement agencies; and (5) procedures for the collection of hate crime information and reports voluntarily produced by non law-enforcement entities such as community groups, advocacy groups, and civil rights agencies.
SECTION 4. Section 34 of said chapter 22C, as so appearing, is hereby amended by inserting after the word “shall” in line XX, the following words:- quarterly and annually.
SECTION 5. Chapter 265 of the General Laws is hereby amended by striking section 37.
SECTION 6. Said chapter 265, as so appearing, is hereby further amended, by striking section 39 and replacing it with the following section:-
Section 39. (a) For the purposes of this section, the following words shall have the following meanings: --
“Because of”, conduct would not have happened but for the actual or perceived protected characteristic(s), as defined in this section, of any person or group, regardless of the presence or absence of other motivating factors. The actual or perceived protected characteristic(s) need not be a substantial, predominant, or the sole reason for the conduct.
“Bodily injury”, substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or injury which occurs as the result of harm to any bodily function or organ, including human skin.
“Free exercise or enjoyment of any right or privilege secured by the constitution or laws of the Commonwealth or by the constitution or laws of the United States”, any recognized right protected by the Constitution or laws of Massachusetts or the United States, including those protected by statute, the common law, and regulations. A person need not be completely prevented from exercising a right for that right to have been infringed upon.
“Harasses”, willfully and maliciously engages in a knowing pattern of conduct or a series of acts over a period of time, directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, and that conduct is not otherwise protected by law. Harassment includes, but is not limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.
“Protected characteristic”, the race, color, religion, national origin, ethnicity, immigration status, sex, sexual orientation, gender, gender identity, gender expression, or disability, of any person or group.
“Threatens”, threatening to commit a crime against the person or property of another, presently or in the future, whether the threat is delivered to the purported target of the threatened injury or to a third party.
(b) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the constitution or laws of the commonwealth or by the constitution or laws of the United States. Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.
(c) Whoever willfully threatens, harasses or assaults any other person because of the actual or perceived protected characteristic of any person or group, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
(d) Whoever violates subsection (c) during the commission of a battery shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment in state prison for not more than five years, or by both such fine and imprisonment.
(e) Whoever damages, converts, or takes and carries away real or personal property of another with the intent to intimidate, threaten or harass a person because of that person’s protected characteristic, shall be punished by a fine of not more than five thousand dollars or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. The court may also order restitution to the victim in any amount up to three times the value of property damage sustained by the owners of such property; provided, however if restitution is ordered under the provisions of this section such restitution shall be used to repair the damage done to the property.
(f) Whoever violates subsection (c) or subsection (d) or subsection (e) while using a dangerous weapon shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
(g) Whoever is convicted of a second or subsequent offense of violating subsection (d) while using a dangerous weapon and which results in bodily injury shall be punished by imprisonment in the state prison for no more than 20 years.
(h) Whoever conspires with another person to violate any provision of this section shall be punished by imprisonment or fine, or both; provided, however punishment shall not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy. (i) An act done with specific intent to commit an offense under this section that amounts to more than mere preparation, even though failing to effect its commission, shall be an attempt to commit that offense and shall be punished by imprisonment or fine, or both; provided however, punishment shall not exceed the maximum punishment prescribed for the offense.
(j) Where appropriate, actions arising out of subsections (c) through (i) inclusive, shall be eligible for community-based restorative justice program pursuant to chapter 276B, or for participation in a community-based restorative justice program as a term of probation or as otherwise ordered by the court.
SECTION 7. Section 3 of chapter 276B is hereby amended by adding at the end thereof the following:- Notwithstanding the preceding, any person charged pursuant to section 39 of chapter 265 shall be eligible to participate in a community-based restorative justice program.
SECTION 8. This act shall take effect upon passage.
| Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reform existing statutes pertaining to hate crimes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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An Act prohibiting body size discrimination | H1705 | HD626 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:38:29.923'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T18:38:29.9233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-02T16:53:16.7066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:32:21.76'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:51:03.26'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1705/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1705) of Tram T. Nguyen and Margaret R. Scarsdale relative to prohibiting body size discrimination. The Judiciary. | SECTION 1. Section 89 of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “identity,”, in lines 98 and 349, in each instance, the following words:- “height or weight,”.
SECTION 2. Section 5 of chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in line 11, the following words:- “height or weight,”.
SECTION 3. Section 12B of said chapter 76 of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in line 11, the following words:- “height or weight,”.
SECTION 4. Section 3 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in lines 17 and 64, in each instance, the following words:- “height or weight, unless for the purposes of compliance with any established state, federal, or industry safety standard,”.
SECTION 5. Section 4 of said chapter 151B is hereby amended by inserting after the word “identity,”, in lines 3, 187, 202, 210, 221, 230, 264, 291, 298, 309, 359, 367, 377, 477, 488, 493, 500, 633, 644, 655, 821, 831 in each instance, the following words:- “height or weight, unless for the purposes of compliance with any established state, federal, or industry safety standard,”.
SECTION 6. Section 2 of chapter 151C of the General Laws, as so appearing, is hereby amended by inserting after the word “race,”, in lines 5 and 18, in each instance, the following words:- “height or weight,”.
SECTION 7. Section 2A of said chapter 151C, as so appearing, is hereby amended by inserting after the word “race,”, in lines 9 and 15, in each instance, the following words:- “height or weight,”.
SECTION 8. Section 2 of chapter 151E of the General Laws, as so appearing, is hereby amended by inserting after the word “sex,”, in lines 14 and 22, in each instance, the following words:- “height or weight, unless for the purposes of compliance with any established state, federal, or industry safety standard,”.
SECTION 9. Section 92A of chapter 272 of the General Laws, as so appearing, is hereby amended by inserting after the word “identity,”, in line 10, the following words:- “height or weight, unless for the purposes of compliance with any established state, federal, or industry safety standard,”.
SECTION 10. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “identity,”, in line 3, the following words:- “height or weight, unless for the purposes of compliance with any established state, federal, or industry safety standard,”.
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An Act to provide compensation for loss of income for victims of forced labor and sexual servitude | H1706 | HD715 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-17T11:13:57.77'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-17T11:13:57.77'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-06-23T14:31:45.84'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-13T10:27:36.5133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:43:33.41'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-13T11:26:36.1733333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1706/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1706) of Tram T. Nguyen and Rebecca L. Rausch for legislation to provide compensation for loss of income for victims of forced labor and sexual servitude. The Judiciary. | SECTION 1. Section 1 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Safe” or “safety” the following definition:-
“Victim of human trafficking”, a person who is subjected to the conduct prohibited under section 50 or 51 of chapter 265 or a victim of “severe forms of trafficking in persons” under 22 U.S.C. 7102.
SECTION 2. Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 204: Lost income to be paid to victims of human trafficking
Section 204. (a) A victim of human trafficking shall be eligible for compensation from the division of victim compensation and assistance within the department of the attorney general, established in section 11K of chapter 12, for loss of income resulting from the deprivation of liberty in the amount of $25,000. A victim of human trafficking shall not be required to provide evidence or documentation of employment at the time of the crime.
(b) Compensation paid pursuant to this section shall not be counted toward the maximum award for compensation available to a victim of a crime under section 3(a) of chapter 258C.
(c) Compensation paid pursuant to this section shall constitute noncountable income and/or noncountable assets for the purpose of determining financial eligibility for the Transitional Cash Assistance programs administered by the Department of Transitional Assistance.
SECTION 3. Section 3 of chapter 258C of the General Laws is hereby further amended by adding the following sentence in subclause (b)(2)(D):-
“The division may rely on evidence other than official employment documentation in considering and approving an application for compensation for loss of earnings, which evidence may include any reliable corroborating information, including, but not limited to, a statement under penalty of perjury from the claimant, a licensed attorney, a mandated reporter, or a witness to the circumstances of the crime.”
SECTION 4. Section 3 of chapter 258C of the General Laws is hereby further amended by adding the following subclauses in paragraph (b)(2):-
(J) The division may authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(K) When compensating a victim for loss of income pursuant to this section, the division may:
(i) Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury;
(ii) Compensate the parent or legal guardian of a victim that was a minor at the time of the crime and is hospitalized as a direct result of the crime, provided that the minor victim’s treating physician certifies in writing that the presence of the victim’s parent or legal guardian at the hospital is necessary for the treatment of the victim; or
(iii) Compensate the parent or legal guardian of a victim that was a minor at the time of the crime and died as a result of the crime.
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An Act relative to the malicious doxing of personal information | H1707 | HD1852 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:14:06.343'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:14:06.3433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-14T09:16:38.8366667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1707/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1707) of Tram T. Nguyen and Simon Cataldo relative to the malicious doxing of personal information. The Judiciary. | SECTION 1. Chapter 214 of the General Laws is hereby amended by inserting after section 3B the following section:-
Section 3C. Malicious Doxing
(a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Disseminate”, disclose, distribute, share, publish, exhibit, advertise, release, transfer or otherwise make available.
“Family member”, an individual’s parent, grandparent, sibling, spouse, domestic partner, child, stepchild, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
“Gender-affirming health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria.
“Harassment”, conduct constituting the crime of criminal harassment pursuant to section 43A of chapter 265 of the General Laws.
“Personal information”, information that:
(i) identifies, relates to or is reasonably capable of being associated with a specific individual or such individual’s family member; and
(ii) reveals such individual's or such individual family member’s:
(1) home address, including a primary or secondary residence;
(2) home phone number or cellphone number;
(3) social security number;
(4) electronic mail address; or
(5) school or employment location.
“Reproductive health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management or the termination of a pregnancy.
“Stalking”, conduct constituting the crime of stalking pursuant to section 43 of chapter 265 of the General Laws.
(b) A plaintiff may bring a civil action in the superior court against another person for the malicious doxing of personal information if the plaintiff establishes by a preponderance of the evidence that:
(i) the person knowingly disseminated the personal information of the plaintiff or the plaintiff’s family member;
(ii) the person knew or reasonably should have known that the plaintiff or the plaintiff’s applicable family member did not consent to the dissemination of their personal information;
(iii) the person disseminated the personal information with the malicious intent to cause, aid, encourage or facilitate the harassment, stalking, death or bodily injury of the plaintiff or the plaintiff’s family member; and
(iv) the dissemination of the personal information:
(1) poses an imminent and serious threat to the safety of the plaintiff or the plaintiff’s family member; provided, however, that the person disseminating the personal information knows or reasonably should know of the imminent and serious threat;
(2) results in the harassment, stalking, death or bodily injury of the plaintiff or the plaintiff’s family member; or
(3) would cause a reasonable individual to fear the harassment, stalking, death or bodily injury of the individual or the individual’s family member.
(c) A plaintiff who prevails in a claim under this section may recover actual damages, punitive damages, injunctive relief, reasonable attorney fees, and any other appropriate equitable relief.
(d) In determining the overall amount of damages to assess against a person, the court shall consider whether the personal information was disseminated along with other sensitive information about the individual or the individual’s family member, including but not limited to, information concerning:
(i) the racial or ethnic origin, citizenship or immigration status, sexual orientation or religious beliefs of the individual or the individual’s family member;
(ii) the past or present mental or physical health condition, disability, diagnosis or treatment of the individual or the individual’s family member; or
(iii) whether the individual or the individual’s family member is seeking, providing, facilitating or promoting gender-affirming or reproductive health care services.
(e) A person found liable under this section shall be jointly and severally liable with each other person found liable under this section for the damages, reasonable attorney fees and costs awarded by the court arising from the same violation of this section.
(f) This section shall not be construed to impose liability on any of the following entities: (i) an interactive computer service, as such term is used in 47 U.S.C. 230; (ii) an information service provider, telecommunications provider, interconnected VoIP provider or a mobile service provider, as such terms are used in 47 U.S.C. 153; (iii) a commercial mobile service provider, as such term is used in 47 U.S.C. sec. 332(d); or (iv) a cable operator, as such term is used in 47 U.S.C. sec. 522; provided, however, that the entity is acting in its capacity as a provider of such services and the content in question is provided by another person other than the entity.
(g) This section shall not apply to the dissemination of personal information:
(i) for the purposes of reporting conduct reasonably believed to be unlawful;
(ii) gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or
(iii) for the purposes of a party’s exercise of its right to petition, as such term is defined in section 59H of chapter 231 of the General Laws.
(h) An action under this section shall be commenced not later than two years after the occurrence of the conduct that gives rise to a claim for relief.
SECTION 2. Section 1 of this act applies to conduct occurring on or after the effective date of this act.
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An Act relative to fair investment practices | H1708 | HD1853 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:17:45.197'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-18T20:17:45.1966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:52:41.5466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:13:21.91'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T14:10:16.52'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:32:31.86'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:21:21.9933333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:25:33.4533333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1708/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1708) of Tram T. Nguyen and others for legislation to further regulate investment practices. The Judiciary. | SECTION 1. The General Laws are hereby amended by inserting after Chapter 151F the following chapter:-
Chapter 151G.
FAIR INVESTMENT PRACTICES.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Commission”, the Massachusetts commission against discrimination, established by section 56 of chapter 6.
“Historically disadvantaged members of protected classes”, members of protected classes that have historically received less in professional investor funding than their respective shares of the population.
“Professional investor”, one or more persons, including but not limited to, a bank, bank holding company, savings institution, trust company, insurance company, investment company registered under the Federal Investment Company Act of 1940, pension or profit-sharing trust or other financial institution or institutional buyer, licensee under the Federal Small Business Investment Act of 1958, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, receiver, and venture capital fund, whose business includes sponsoring, guaranteeing or granting funds or engaging in investment transactions.
“Protected characteristic”, race; color; religious creed; national origin; sex; gender identity; sexual orientation, which shall not include sexual orientation involving minor children as the sex object; age; genetic information; ancestry; status as a veteran; handicap; or pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child.
“Protected class”, a group of people sharing a protected characteristic.
“Venture capital fund”, shall have the same meaning as defined in 17 CFR § 275.203(l)-1.
Section 2. (a) It shall be unlawful for a professional investor doing business in the commonwealth to:
(1) make sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature either directly or indirectly through an intermediary when: (i) submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a basis for business investment transactions, including the sponsoring, guaranteeing or granting of funds; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s working relationship with a person by creating an intimidating, hostile, humiliating or sexually offensive environment; provided, that discrimination on the basis of sex shall include, but not be limited to, sexual harassment; and
(2) discriminate on the basis of a protected characteristic in the sponsoring, guaranteeing or granting of funds or in making available funds; provided, however, that it shall not be unlawful for a Professional Investor to designate certain funds solely for historically disadvantaged members of protected classes and companies that historically disadvantaged members of protected classes direct, own or manage.
Section 3. (a) A professional investor who commits an unlawful act under paragraph (1) of subsection (a) of section 2 shall be liable for damages, including, but not limited to, compensatory, incidental, consequential, and punitive damages and injunctive and other appropriate equitable relief. A plaintiff may seek to recover such liability in any court of competent jurisdiction. The court shall, in addition to any judgment awarded to the plaintiff, award reasonable attorneys’ fees to be paid by the defendant and the costs of the action.
(b) The attorney general shall have the sole authority to bring enforcement action for violations of paragraph (2) of subsection (a) of section 2, and may bring an action for damages, together with the costs of the action and reasonable attorneys’ fees, against a professional investor who commits an unlawful act under paragraph (2) of subsection (a) of section 2. Those costs and attorneys’ fees shall be paid to the commonwealth. The attorney general shall not be required to pay any filing fee or other cost in connection with such action.
(c) Any action based upon or arising under this chapter shall be instituted within 3 years after the date of the last alleged unlawful act.
(d) A professional investor against whom an action is brought by the attorney general alleging an unlawful act under paragraph (2) of subsection (a) of section 2 and who can demonstrate that the professional investor has complied with the commission’s compliance guidelines, established in section 4, including a completed self-evaluation, as described in paragraph (3) of subsection (a) of section 4, within the previous 3 years, shall have an affirmative defense to liability under this section.
A professional investor who has not fully complied with the commission’s compliance guidelines, established in section 4, but who has partially complied with such guidelines and can demonstrate reasonable progress toward full compliance with such guidelines, shall not be entitled to an affirmative defense, but may not be liable for punitive damages under this section.
Section 4. The commission, in consultation with the attorney general and the secretary of state shall establish compliance guidelines to assist professional investors in complying with the requirements of this chapter. At a minimum, the guidelines shall advise professional investors to:
(1) include a policy in the professional investor’s organizational charter that details how the professional investor will comply with the requirements of this chapter;
(2) adopt clear procedures for the professional investor’s operations to ensure that the professional investor’s employees and agents comply with the requirements of this chapter;
(3) complete a self-evaluation, at least once every 3 years, of the professional investor’s investment decisions in good faith, including an evaluation that demonstrates that the professional investor has made reasonable progress towards providing a greater share of the professional investor’s funding to historically disadvantaged members of protected classes and companies that historically disadvantaged members of protected classes direct, own or manage, provided, that the professional investor’s self-evaluation may be of the investor’s own design, so long as it is reasonable in detail and scope in light of the size of the professional investor’s financial assets; and
(4) comply with the rules, regulations, and other guidance developed by the commission under subsection (c).
(b) As needed, but not less than every 3 years, the commission, in consultation with the attorney general and the secretary of state, shall update the compliance guidelines required by this section.
(c) The commission shall promulgate rules, regulations or other guidelines to implement this section. Such rules, regulations or other guidelines may include model templates for a professional investor to modify and adopt for its particular use.
SECTION 3. Notwithstanding any general or special law to the contrary, the Massachusetts commission against discrimination, in consultation with the attorney general and the secretary of state, shall publish initial compliance guidelines, as required by section 4 of chapter 151G of the General Laws, not later than 1 year after the effective date of this act.
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An Act to further protect employees through a private right of action | H1709 | HD2429 | 193 | {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-19T12:56:11.427'} | [{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-19T12:56:11.4266667'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1709/DocumentHistoryActions | Bill | By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1709) of Tram T. Nguyen for legislation to further protect employees through a private right of action. The Judiciary. | SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:-
Section 150D: Private Attorney General Action
Definitions, for this section 150D:
“Interested Party” means any one or more of the following: 1. Any non-profit organization that advocates for employee rights and protections; or 2. Any labor organization which has as members, or is authorized to represent, employees and which exists in whole or part for the purposes of negotiating with employers concerning wages, hours, or terms and conditions of employment of such employer’s employees; or 3. Any Affected Employee.
“Wage Non-payment” means the failure to pay a wage owed to an Affected Employee in violation of any of the following statutes or contract provision: sections 27, 27F-H, 148, 148A, 148B, or 150 of the general laws at chapter 149; or section 1, 1A or 1B of the general laws at chapter 151; or any contract provision that required the payment of wages.
“Affected Employee” means any employee or former employee where such employee remains due from an employer any Wage Non-payment whatsoever, regardless as to where or the type of labor was performed.
In addition to all common law, contract, or other remedies available at law, an Interested Party alleging facts that show probable cause that an employer has engaged in or caused a Wage Non-payment shall have standing and be entitled to bring an action in the name of and on behalf of the Commonwealth and the public, for the use and benefit of same, against such employer to recover damages and penalties stated in this section.
A civil action filed under this section shall be deemed a private attorney general action.
The representative nature of such an action on behalf of the Commonwealth is not waivable and shall not be deemed a class action, so long as there is at least a common question of law or fact among at least two Affected Employees. Regardless as to whether any Affected Employee’s claim must be arbitrated, the representative action on behalf of the Commonwealth cannot be waived or compelled to arbitration. Further, the Interested Party bringing such representative claim shall not have to wait for an arbitration decision or award before proceeding in court under this section.
The Interested Party filing an action under this section shall provide a copy of the complaint for the purposes of notice to the attorney general, within 10 business days of the filing. If the Interested Party prevails in the action, the court shall award treble the Wage Non-payment damages, as liquidated damages, to any Affected Employee who has, following a court approved notice of same, responded to the court within 90 calendar days, affirming an interest in a recovery, which notice shall be interpreted liberally to encourage Affected Employees to respond and affirm such an interest.
In addition, the Interested Party may also bring on behalf of the Commonwealth a claim for injunctive and declaratory relief. An Interested Party that prevails in any action filed under this section shall be awarded the costs of the litigation and reasonable attorney fees.
A twenty percent surcharge tax on the total amount awarded by the court, including on attorney fees, in addition to other usual income taxes due, on this recovery shall be paid into a wage enforcement fund established by the attorney general. Such fund shall be used by the attorney general to advance payment pending an action under this chapter and upon the attorney general’s sole and exclusive discretion, to Affected Employees showing urgent need to obtain unpaid wages to pay housing, heat, or food costs.
In addition, the Interested Party who prevails under this section shall be entitled to recover for the Commonwealth penalties, and Wage Non-payments as restitution incurred by each other Affected Employee who did not respond affirming an interest, as follows: For each violation of law, the court shall order the defendant employer to pay into the wage enforcement fund (i) a penalty in the amount of $50 per violation per pay-period for each unresponsive Affected Employee; and (ii) an amount, payable into the wage enforcement fund, equal to single Wage Non-payment damages, as restitution, incurred for all Wage Non-payments that the defendant employer should have paid to each Affected Employee who did not respond timely to a court approved notice affirming an interest in a recovery; the attorney general shall hold in escrow such amounts until the original statute of limitation period applicable against the defendant employer to expire on such restitution obtained in the event the Affective Employee reconsiders, or is located, and seeks the restitution. But, after such limitations period has expired with no such employee claim, the amount shall escheat to the wage enforcement fund. A defendant employer ordered to pay into the wage enforcement fund as single Wage-Nonpayment damages restitution incurred for labor performed by an Affected Employee who failed to affirm an interest in a recovery shall be entitled to a set-off of such amount paid against a future Wage Non-payment or other wage action filed by or on behalf of such Affected Employee, but no set-off shall apply to the $50 per pay period penalty.
An action filed under this section shall be filed within limitation period of the Wage Non-payment at issue, except that where a Wage Non-payment also includes a violation of contract the Interested Party shall be a third-party beneficiary of the contract, including any public procurement contract, and recovery applicable to that portion of the action shall include amounts due within the limitations period set forth under section 2 of the general laws at chapter 260; for such contract action filed beyond the limitation period of the Wage Non-payment at issue liquidated damages shall not be awarded unless the contract recites otherwise and the court may award fees for such contract provision portion of the action in accord with the contract or its discretion.
On the trial no defense for failure to pay as required, other than the attachment of wages by trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him, shall be valid. The defendant shall not set up as a defense a payment of wages made or offered after the action under this section has been filed.
The superior court shall have jurisdiction to hear an action filed under this section regardless as to the amount in controversy. Any provision in this section found to be unenforceable or invalid shall not affect other provisions in this section which shall remain valid and enforceable.
As a matter of right the attorney general may intervene as a plaintiff at any time, by notice of same filed with the court or may file an appearance to be served all pleadings and discovery for monitoring. In the event that she intervenes, the attorney general shall thenceforth represent the Commonwealth as plaintiff, not the Interested Party. The Interested Party shall retain party status, if it so chooses, for purposes that may include and not be limited to providing opportunity to the Interested Party to raise its interests or concerns including regarding any settlement proposed or to recover, if appropriate, its reasonable costs and fees incurred. The attorney general shall not settle the matter with the defendant without the participation in all settlement communications with the Interested Party who retained party status and without first obtaining such Interested Party’s informed consent which shall not be reasonably withheld.
Nothing in this section shall be deemed as an exclusive remedy and this section shall not affect the rights of the attorney general or any other person to pursue additional or other remedies available by way of other laws or available actions.
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An Act relative to rates for workers providing supports and services for individuals with disabilities | H171 | HD3286 | 193 | {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T11:43:40.887'} | [{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T11:43:40.8866667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T11:44:27.8866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:38:23.6333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. 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McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-26T16:31:09.4233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T16:31:09.4233333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T16:31:09.4233333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:31:09.4233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-26T16:31:09.4233333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. 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Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-11T08:08:25.3266667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-06-12T18:13:04.88'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-06-23T14:51:06.7633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T12:03:25.9766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-09-26T10:38:34.7966667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-09-26T10:38:34.7966667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-09-26T10:38:34.7966667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-10-10T11:31:51.89'}] | {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T11:43:40.887'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H171/DocumentHistoryActions | Bill | By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by bill, House, No. 171) of Sean Garballey, Simon Cataldo and others relative to Department of Developmental Services rates of payment for workers providing support and services for individuals with disabilities. Children, Families and Persons with Disabilities. | SECTION 1. Chapter 7 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 22O the following section:-
Section 22P. Department of Developmental Services Rates of Payment.
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Department”, the department of developmental services.
“Direct Care Staff or Direct Support Professional”, a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:
(i) meets any one or more of the following criteria:
(1) supports one or more individuals in a service setting; or
(2) does not have front line supervisor or management responsibilities; and
(ii) works at entry level and with minimal experience, employed in jobs which perform duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.
“Other Direct Care Staff or Direct Support Professional” a worker classified by the commissioner of the department, secretary of the executive office of health and human services, assistant secretary of the executive office of health and human services or director of MassHealth who:
(i) meets any one or more of the following criteria:
(1) supports one or more individuals in a service setting or supervises staff;
(2) may have front line supervisor or management responsibilities; or
(3) has relevant experience or credentials such as a degree from an institution of higher education or certifications which reflect advanced training; and
(ii) is employed in a job which performs duties in disability systems of care including, but not limited to: (1) community-based day supports; (2) employment and residential support; (3) family support; (4) shared living; (5) supported living; (6) self-direction; (7) MassHealth day habilitation; or (8) any other purchase of services program or service at the department not limited to the titles of this definition.
(b) When establishing rates of payment through chapter 257 of the acts of 2008 for department programs and contracts, the secretary of the executive office of health and human services shall require that:
(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;
(ii) the salary increases determined for front-line supervisors, directors, clinicians, caseworkers, employment specialists, case managers, and other direct care staff or direct support professionals shall increase in proportion with the increases described in clause (i) of this subsection;
(iii) said salary increases shall not be incorporated for those in positions of chief executive officer, chief financial officer, comptroller, chief operating officer or related executive staff;
(iv) the formula for determining the reimbursement in calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, or paid family medical leave pursuant to chapter 175M will be benchmarked to changes in the same costs in the health or education sector, as applicable; provided that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.
SECTION 2. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the second appearance of the words “governmental units;” in the last paragraph the following:-
a provision requiring that in contracts between providers and the commonwealth, the payment of rates pursuant to section 13C of chapter 118 shall not result in the reduction, deferment or non-payment of any other costs associated with the performance of said contracts;
SECTION 3. Section 13D of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting at the end of the first paragraph the following words:-
provided, further, that ratemaking duties with regard to reimbursement rates to day habilitation programs shall be conducted pursuant to section 13D1/2 of this chapter.
SECTION 4. Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after section 13D the following section:-
Section 13D1/2. MassHealth Rates of Payment for Day Habilitation Programs
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the same meanings as such terms are defined in section 22P of chapter 7 of the General Laws: (i) “direct care staff or direct support professional”; “other direct care staff or direct support professional”.
(b) When establishing rates of payment for day habilitation training, care, support, habilitative or rehabilitative care under MassHealth Long Term Supports and Services reimbursable under Title XIX of the 42 U.S.C. 1396–1, as amended from time to time, which provide supports and services to individuals, the secretary of the executive office of health and human services shall promulgate regulations to require that:
(i) the salary allowance for a direct care staff or direct support professional shall be consistent with the bureau of labor statistics at a minimum of the 75th percentile of positions in the commonwealth which have job codes of similar responsibilities;
(ii) the salary increases determined for front-line supervisors, directors, clinicians, and other direct care staff or direct support professionals shall increase in proportion with the increases aforementioned in clause (i) of this subsection;
(iii) the aforementioned salary increases shall not be incorporated for those in positions of chief executive officer, chief financial officer, comptroller, chief operating officer or related executive staff;
(iv) the formula for determining the reimbursement of calculating the employer’s portion of fringe benefits and payroll taxes including, but not limited to those pursuant to the federal Insurance Contributions Act as defined in 26 U.S.C. 21, Medicare, workers’ compensation, employer-provided health insurance, unemployment insurance, retirement contribution, and paid family medical leave pursuant to chapter 175M will be benchmarked to changes in the same costs in the health or education sector, as applicable; provided that said allowance shall be separate from an allocation dedicated to costs associated with employer mandates for services promulgated by the commonwealth, which include, but are not limited to, employee fingerprinting and required registries.
SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, compliance with the provisions set forth in this act shall not result in a reduction, deferment or non-payment of any other costs associated with social service programs or long-term services and supports programs in the Commonwealth.
SECTION 6. The executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of adjustments as stated in sections 2(b) and 4(b) of this act.
SECTION 7. Sections 1 through 4 shall take effect 12 months after the passage of this act.
| null | [] | [] | [] | [] |
An Act to promote public safety and better outcomes for young adults | H1710 | HD3510 | 193 | {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:15:58.837'} | [{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T23:15:58.8366667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T13:10:30.0033333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-25T12:16:47.56'}, {'Id': 'DMR1', 'Name': 'David M. 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Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T10:36:56.1133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:20:35.0433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T15:42:40.27'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T10:04:30.4866667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-06T10:04:30.4866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T10:04:30.4866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-06T10:04:30.4866667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T12:25:52.0066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T15:42:40.27'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T15:42:40.27'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-23T16:44:25.1933333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-31T10:33:09.2666667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T14:39:20.65'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-24T16:04:55.0166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-07-14T16:38:15.47'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:27:55.0633333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-07T16:05:24.61'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T15:15:27.7033333'}] | {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-20T13:10:29.847'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1710/DocumentHistoryActions | Bill | By Representatives O'Day of West Boylston and Cruz of Salem, a petition (accompanied by bill, House, No. 1710) of James J. O'Day, Manny Cruz and others relative to the age of criminal majority. The Judiciary. | SECTION 1. Section 7 of chapter 4 of the General Laws, so appearing, is hereby amended by striking out the sixtieth clause as amended by Section 1 of Chapter 69 of the Acts of 2020, and inserting in place thereof the following clause:- Sixtieth, “Age of criminal majority” shall mean the age of “19.”
SECTION 2. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “19,” inserting in place thereof the following number:- “20”
SECTION 3. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “20,” and inserting in place thereof the following number:- “21”
SECTION 4. Section 167 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in all instances, the number “18” and inserting in place thereof the following word:- “criminal majority”
SECTION 5. Section 20 of chapter 31 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 10 the words “18 years” and inserting in place thereof the following words:- “criminal majority.”
SECTION 6. Section 24 of chapter 37 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 14 the number “18” and inserting in place thereof the following words:- “criminal majority.”
SECTION 7. Section 98F of chapter 41 of the General Laws, as amended by section 26 of chapter 69 of the acts of 2020, is hereby amended by striking out, in clause (iv) of the last sentence, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.
SECTION 8. Section 32H of chapter 94C, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority.”
SECTION 9. Section 32H of chapter 94C of the General Laws, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, the number “18” and inserting in place thereof the words:- “the age of criminal majority”
SECTION 10. Section 32M of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 1 the word “eighteen” and inserting in place thereof the following words:- “criminal majority”
SECTION 11. Section 32M of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 12. Section 36 of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the words “their eighteenth birthday” and inserting in place thereof the following words:-“the age of criminal majority”
SECTION 13. Section 52 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “delinquent child” as amended by section 72 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 14. Section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in the definition of “youthful offender,” as amended by section 72 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 15. Section 54 of chapter 119, as so appearing, is hereby amended by striking out, in the first paragraph as amended by section 73 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 16. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in the second paragraph as amended by section 73 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 17. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words in lines 8 to 12, inclusive “that any such probation may be imposed until such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his nineteenth birthday”, and inserting in place thereof the following words:- “that any such probation may, in the case of an offense that occurred prior to the child’s eighteenth birthday, be imposed until such child reaches age 18 or 19 in the case of a child whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in the case of a child whose case is disposed of after the child attains the child’s nineteenth birthday. In the case of an offense that occurred on or after the child’s eighteenth birthday, such probation may be imposed until such child reaches age 19 or age 20 in the case of a child whose case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the case of a child whose case is disposed of after the child attains the child’s twentieth birthday.”
SECTION 18. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “after he attains his twentieth birthday”, in line 12, the following words:- “or age 22 in the case of a child whose case is disposed of after the child attains the child’s twenty-first birthday”
SECTION 19. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after the words “his twenty-first birthday”, in line 12, the following words:- “or age 23 in the case of a child whose case is disposed of after the child attains the child’s twenty-second birthday”
SECTION 20. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “attains the age of eighteen”, in lines 26 to 27, inclusive, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday.”
SECTION 21. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “nineteenth birthday”, in lines 29 to 30, inclusive, the following words:- “In a case where the offense occurred on or after the child’s eighteenth birthday, the probationary or commitment period shall not be for a period longer than until such child attains the age of nineteen, or twenty in the case of a child whose case is disposed of after such child has attained their nineteenth birthday, or twenty-one in the case of a child whose case is disposed of after such child has attained their twentieth birthday.”
SECTION 22. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “ twentieth birthday” the following words:- “or twenty-two in the case of a child whose case is disposed of after such child has attained their twenty-first birthday.”
SECTION 23. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-first birthday”, the following words:- “or twenty-two in the case of a child whose case is disposed of after they have attained their twenty-first birthday, or twenty-three in the case of a child whose case is disposed of after they have attained their twenty-second birthday.”
SECTION 24. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 38, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of twenty- three in the case of a child whose offense occurred on or after the child’s eighteenth birthday.”
SECTION 25. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday”
SECTION 26. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “juvenile court probation department until the age of twenty-one”, in line 48, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday.”
SECTION 27. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday”
SECTION 28. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “eighteenth”, in line 79, and inserting in place thereof the following words:- “twenty-first”
SECTION 29. Said section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out the words “the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday”, in lines 78 to 79, and inserting in place thereof the following words:-
“any prison owned, operated, administered or subject to the control of the department of correction including, but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth; Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution, Monroe, prior to his twenty-first birthday.”
SECTION 30. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “until such child attains his eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is disposed of after they have attained their nineteenth birthday”
SECTION 31. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “ until such child attains his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their twentieth birthday or their twenty-first birthday in the case of a child whose case is disposed of after they have attained their twentieth birthday”
SECTION 32. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out the words“ until such child attains his twentieth birthday or his twenty-first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their twenty-first or their twenty-second birthday in the case of a child whose case is disposed of after they have attained their twenty-first birthday”
SECTION 33. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the words “ eighteenth birthdays” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 34. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 20 the words, “been age 18 older” and inserting in place thereof the following words:- “attained the age of criminal majority”
SECTION 35. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 22 the number, “were age 18 or older” where it so appears and inserting in place thereof the following number:- “attained the age of criminal majority”
SECTION 36. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 1 the words “is 19 years of age” and inserting in place thereof the following words:- “attained the age of criminal majority”
SECTION 37. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the number “18” and inserting in place thereof the following number:- “criminal majority”
SECTION 38. Section 65 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 39. Section 66 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 and 5 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 40. Section 67 of Chapter 119, as so appearing, is hereby amended by striking out in subsection (a), subsection (b), and subsection (d) as amended by section 76 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 41. Chapter 119, as so appearing, is hereby amended by striking out in section 68 as amended by section 77 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 42. Chapter 119, as so appearing, is hereby amended by striking out in section 68 as amended by section 77 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 43. Chapter 119, as so appearing, is hereby amended by striking out in section 68A as amended by section 77 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 44. Section 70 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 45. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 2 through 3, inclusive, the words “their eighteenth birthday” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 46. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 9 the word “ twentieth” and inserting in place thereof the following words:-“twenty-first”
SECTION 47. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-first” in line 9 and inserting in place thereof the following words:- “twenty-second”
SECTION 48. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-second” and inserting in place thereof the following words:- “twenty-third”
SECTION 49. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 10 to 13, inclusive, the words “ prior to his eighteenth birthday, and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday and all provisions and rights applicable to a child under 18 shall apply to such child.” and inserting in place thereof the following:-
“prior to attaining the age of criminal majority, and is not apprehended until between such child’s attainment of the age of criminal majority and the subsequent birthday, the court shall deal with such child in the same manner as if they have not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child.”
SECTION 50. Subsection (b) of section 72 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “their eighteenth birthday”, in line 18, and inserting in place thereof the following words:-the age of criminal majority
SECTION 51. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-first”, in line 25, and inserting in place thereof the following words:- “twenty-third”
SECTION 52. Section 72A of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 2 to 3 inclusive, the words “his eighteenth birthday, and is not apprehended until after his nineteenth birthday,” and inserting in place thereof the following:-
“attaining the age of criminal majority, and is not apprehended until after their subsequent birthday”
SECTION 53. Section 72B of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in all instances, the words “his eighteenth birthday” and inserting in place thereof the following words:- “attaining the age of criminal majority”
SECTION 54. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 through 4, inclusive, the words “his eighteenth birthday” and inserting in place thereof the following words:-“attaining the age of criminal majority”
SECTION 55. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 10 and 14 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 56. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out in the first paragraph as amended by section 78 of chapter 69 of the Acts of 2020, the words“eighteen (or nineteen) years of age” and inserting in place thereof the following words:- “the age of criminal majority (or one year older)”
SECTION 57. Section 86 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “21” and inserting in place thereof the following number:- “23”
SECTION 58. Section 89 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 59. Section 89 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “22” and inserting in place thereof the following number:- “23”
SECTION 60. Section 15 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 and 4 the number “18” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 61. Section 21 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 6, 9, and 10 the word “conviction” and inserting in place thereof the following word:- “adjudication”
SECTION 62. Said section 21 of said chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 63. Section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out in subsection (f) as amended by section 107 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”
SECTION 64. Section 13 of chapter 250 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 65. Section 2 of chapter 258E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority”
SECTION 66. Section 15A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 24 the words “18 years of age” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 67. Section 15A of said chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 46 the words “is 18 years of age or over” and inserting in place thereof the words:- “has attained the age of criminal responsibility”
SECTION 68. Section 15B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 24 the words “ 18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority
SECTION 69. Section 18 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 26 the number “18 years of over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 70. Section 18B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 43 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 71. Section 19 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 23 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 72. Section 43 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 56 and 89 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 73. Section 59 of chapter 265 of the General Laws, as added by section 132 of chapter 69 of the Acts of 2020, is hereby amended by striking out the number “18” and inserting in place thereof the following words:-“criminal majority”
SECTION 74. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 53 the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 75. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking in line 55 the number “18” and inserting in place thereof the words:- “the age of criminal majority”
SECTION 76. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 223 and 225 the words “18 years of age or over” and inserting in place thereof the words:- “who has attained the age of criminal majority”
SECTION 77. Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 40 through 41, inclusive, the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 78. Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out in line 42 the number “18” and inserting in place thereof the words:- “the age of criminal majority”
SECTION 79. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 4 and 28 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 80. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 32 the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 81. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 50 the words “17 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 82. Section 10G of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 34 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority”
SECTION 83. Section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority”
SECTION 84. Said section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 14 and 15, inclusive, the words “was eighteen years of age or older” and inserting in place thereof the words:- “had attained the age of criminal majority”
SECTION 85. Section 89A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority”
SECTION 86. Section 89B of chapter 276 of the General Laws, as added by section 183 of chapter 69 of the Acts of 2020, is hereby amended by striking out the words “are 18 to 24” and inserting in place thereof the following words:- “attained the age of criminal majority and are under 25”
SECTION 87. Section 100D of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 8 the number “17” and inserting in place thereof the following words:- “criminal majority”
SECTION 88. Section 6B of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out in the first paragraph as amended by section 209 of chapter 69 of the Acts of 2020, the words “18 years” and inserting in place thereof the following words:- “criminal majority”
SECTION 89. Sections 1, 30, and 46 are hereby repealed.
SECTION 90. Section 89 shall take effect on July 1, 2026.
SECTION 91. Sections 2, 31, and 47 shall take effect on July 1, 2026.
SECTION 92. Sections 18 and 22, shall take effect on July 1, 2026.
SECTION 93. Section 91 is hereby repealed.
SECTION 94. Section 93 shall take effect on July 1, 2028.
SECTION 95. Sections 3, 19, 23, 32, and 48 shall take effect on July 1, 2028.
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An Act relative to the identity of victims of certain crimes | H1711 | HD1023 | 193 | {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T00:29:58.693'} | [{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T00:29:58.6933333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-02T12:51:13.73'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1711/DocumentHistoryActions | Bill | By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 1711) of James J. O'Day and Daniel M. Donahue relative to the identity of victims of certain crimes. The Judiciary. | SECTION 1. Section 97D of chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “209A” in line 3, the following words:- , all reports of disseminating harmful matter that is obscene, as defined in section 31 of chapter 272, to a minor pursuant to section 28 of said chapter 272, posing a child in a state of nudity pursuant to section 29A of said chapter 272, possessing child pornography pursuant to section 29C of said chapter 272, or photographing, videotaping or electronically surveilling a partially nude or nude person or the sexual or other intimate parts of a person around the person’s clothing pursuant to section 105 of said chapter 272.
SECTION 2. Section 24C of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after the words “sixty-five”, in line 7, the following words:- , an arrest, investigation or complaint for disseminating harmful matter that is obscene, as defined in section 31 of chapter 272, to a minor pursuant to section 28 of said chapter 272, posing a child in a state of nudity pursuant to section 29A of said chapter 272, possessing child pornography pursuant to section 29C of said chapter 272 or photographing, videotaping or electronically surveilling a partially nude or nude person or the sexual or other intimate parts of a person around the person’s clothing pursuant to section 105 of said chapter 272.
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An Act to improve grandparent visitation rights | H1712 | HD3280 | 193 | {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-20T11:43:01.7'} | [{'Id': None, 'Name': 'Maureen Martowska', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:43:01.7'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1712/DocumentHistoryActions | Bill | By Representative Orrall of Lakeville (by request), a petition (accompanied by bill, House, No. 1712) of Maureen Martowska for legislation to improve visitation rights for grandparents. The Judiciary. | Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking section 39D and inserting the following:-
Section 39D. Visitation rights of grandparents and relatives of unmarried minor children; eligibility, grounds for filing, “harm,” petition, process:
The grandparents or relatives to an unmarried minor child may be granted reasonable visitation rights during the child’s minority by the probate and family court department of the trial court upon a written finding that such visitation rights would be in the best interest of the minor child. No such rights shall be granted if said minor child has been adopted by a person other than a stepparent of such child and any visitation rights granted pursuant to this section prior to such adoption of the said minor child shall be terminated upon such adoption without any further action of the court.
(a) Eligibility. Grandparents or other relatives may petition the court when: (i) one or both of the minor child’s parents are deceased; or (ii) the minor child’s parents are divorced; or (iii) the minor child’s parents are married but living apart; or (iv) the minor child’s parents are under a temporary order or judgment of separate support; or (v) the minor child was born out of wedlock, the child’s parents never married and are living apart, and the petitioning grandparent/relative can establish child’s father has signed an acknowledgment of paternity or a court of competent jurisdiction has adjudicated paternity. Such adjudication of paternity or acknowledgment of paternity shall not be required under this section for maternal grandparents seeking such visitation rights; or (vi) the minor child’s parents are married but there is a compelling state interest to protect against harm (or abuse) to the child’s health, safety, or welfare which shall include the child’s physical, mental, spiritual, and moral development.
(b) Grounds to grant visitation. The court shall grant visitation upon an agreement of the parties or if after a hearing on the merits, the court finds: (i) the child is dependent, neglected, or abused in the parent’s care; or (ii) there was a significant and positive relationship between the grandparent/relative and minor child, and it is in the best interest of the child; or (iii) there is no significant relationship, but it is in the child’s best interest because curtailment or termination of contact will result in significant harm to the child’s health, safety and welfare. This shall include protecting the welfare of a child who has experienced a disruption in the family unit from harm; or (iv) the parent is deceased; or (v) the parent objects to the visitation, however, the petitioner has demonstrated by clear and convincing evidence that the objection is unreasonable and serves the child’s best interest, and has demonstrated by a preponderance of the evidence that the visitation will not substantially interfere with parent/child relationship; or (vi) the child resided with the grandparent/relative who were primary caregivers for not less than 6 consecutive months; or (vii) the minor child’s parents are, or in the past have been, involved in dissolution, child custody, legal separation, annulment or parentage proceedings involving said child. No residency requirements shall be needed for the grandparents or relative.
A grandparent/relative shall not be required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with the minor child or that the loss of the relationship is likely to cause significant emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss of the relationship is likely to occasion severe emotional harm to the child.
(c) Harm. The following factors shall be considered in determining the existence of harm to the minor child: (i) the length and quality of the relationship, (ii) the grandparent’s/relative’s role in the child’s life, (iii) emotional ties between the grandparent/relative and minor child, (iv) whether the filing party has had ongoing contact or has tried to have ongoing contact with the child, (v) a child’s preference (assuming the child is mature enough and holds reasonable and legitimate reasons when rejecting a parent), (vi) the parent’s relationship with the child’s grandparent/relative, (vii) whether the grandparent/relative visitation interferes substantially with the parent/child relationship, (viii) whether there was a preexisting significant existing relationship, (ix) whether one parent is deceased or missing, and (x) whether a parent is unfit.
There shall be a presumption of emotional harm when: (i) the child has had such a significant existing relationship with the grandparent/relative that breaking it off is likely to inflict significant emotional harm on the child or cause other direct and substantial harm to the child; or (ii) the grandparent/relative functioned as the child’s primary caregiver such that ending the relationship could result in the child’s daily needs not being met which could cause physical and emotional harm to the child, or (iii) there is the death of a parent.
(d) Petition. A Petition for Grandparent/Relative Visitation authorized under this section shall, where applicable, be filed in the county within the commonwealth in which the divorce or separate support complaint or the complaint to establish paternity was filed. If the divorce, separate support, or paternity judgment was entered without the commonwealth but the child presently resides within the commonwealth, said petition may be filed in the county where the child resides.
(e) Process. After a petition is filed in Family Court, the respondents in the petition must be personally served with a summons including a copy of the petition. When return of service has been returned to the court, the case shall be referred to mediation. If there has been a finding of domestic violence or a no contact order is pending concerning the parties, there will not be a mediation unless the victim’s attorney requests a mediation and is present. If mediation is bypassed, the petition shall be docketed by the court for a timely hearing.
At the mediation, the mediator will assist the parties in coming to an agreement or defining the issues which the parties cannot agree upon. If the parties are able to come to an agreement, a stipulated agreement will be written, signed by the parties, and timely provided to the court for approval and issuance of an order of visitation. If mediation is unsuccessful, the petitioner shall have the court docket the petition for a full hearing at a later date.
If either party files a Motion to Modify Visitation, the case will be referred to mediation (unless bypassed because of a finding of domestic violence or there is a pending no contact order). If mediation is bypassed, the petition shall be docketed by the court for a timely hearing. If the parties are able to come to an agreement, a stipulated agreement will be written, signed by the parties, and timely provided to the court for approval and issuance of a modified order of visitation. If the mediation is unsuccessful, the petitioner shall have the court docket the motion for a full hearing at a later date.
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An Act to ensure legal parentage equality | H1713 | HD2348 | 193 | {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T15:51:25.793'} | [{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T15:51:25.7933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-20T10:10:34.58'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T11:36:31.46'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T11:36:31.46'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-26T11:17:08.62'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T11:17:08.62'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:17:32.45'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T11:35:15.39'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T11:35:15.39'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-27T11:35:15.39'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T11:35:15.39'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:35:15.39'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-30T10:52:06.1466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:57:43.9233333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-31T14:27:57.64'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T14:27:57.64'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-02T08:42:42.1066667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T08:42:42.1066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-03T09:47:08.9333333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-02-06T10:04:34.3166667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-06T10:04:34.3166667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-07T10:49:37.6733333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T10:49:37.6733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-14T12:54:18.1166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-02T11:44:47.74'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-02T11:44:47.74'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-02T11:44:47.74'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:59:13.27'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T16:00:07.99'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-03-21T13:24:34.1966667'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-03-28T15:08:45.0933333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-04-03T11:54:01.6966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T09:48:37.64'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-25T16:19:25.7366667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T13:42:09.9966667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-05-31T12:40:50.2433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-05T10:37:37.4033333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-06-06T11:24:50.47'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-22T17:20:20.4333333'}] | {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-11T15:51:25.793'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1713/DocumentHistoryActions | Bill | By Representatives Peake of Provincetown and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 1713) of Sarah K. Peake, Hannah Kane and others for legislation to provide that every child have the same rights and protections under law as any other child without regard to the marital status, gender, gender identity, or sexual orientation of the parent or parents. The Judiciary. | SECTION 1. The title of chapter 209C of the General Laws is hereby amended by striking out the words “CHILDREN BORN OUT OF WEDLOCK” in that title and inserting in place thereof the following words:-- “NONMARITAL CHILDREN AND PARENTAGE OF CHILDREN”.
SECTION 2. Chapter 209C of the General Laws is hereby amended by inserting after section 1 the following section 1A:- (a) It is the public policy of the Commonwealth that every child has the same rights and protections under law as any other child without regard to the marital status, gender, gender identity, or sexual orientation of the parent or parents or the circumstances of the birth of the child, including whether the child was born as a result of assisted reproduction or surrogacy. (b) a parent-child relationship is established between a person and a child if (i) Birth: the person gives birth to the child, except as otherwise provided in sections 28A-28Q; (ii) Presumption: there is a presumption of parentage under section 6, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made; (iii) Adjudication: the individual is adjudicated a parent of the child by a court with jurisdiction; (iv) Adoption: the individual adopts the child pursuant to chapter 210; (v) Acknowledgment: the individual acknowledges parentage of the child under this chapter unless the acknowledgment is rescinded or successfully challenged; (vi) De Facto Parentage: the individual is adjudicated a de facto parent of the child under section 25; (vii) Assisted reproduction: the individual’s parentage of the child is established under section 27; (viii) Surrogacy: the individual’s parentage of the child is established under sections 28A-28Q. (c) For the purpose of this chapter, the term “child born out of wedlock” includes the term nonmarital child; the term “man” or “father” includes a parent of any gender; the term “woman” or “mother” includes the term “parent who gave birth; the term “putative father” includes the term “alleged genetic parent” and does not include a presumed parent, an individual whose parental rights have been terminated or declared not to exist or a donor” any reference to “paternity” includes the term “parentage;” any reference to “nonpaternity” includes the term “nonparentage;” any reference to “voluntary acknowledgement of paternity” includes the term “voluntary acknowledgment of parentage;” and any reference to “husband” or “wife” includes the term “spouse.”
SECTION 3. Section 5 of chapter 209C is hereby amended in line 50 by inserting after the word “chapter” the following sentence:- Voluntary acknowledgments of parentage may also be executed pursuant to this chapter by the person who gave birth and a person who is either a presumed parent pursuant to section 6 or an intended parent pursuant to section 27.
SECTION 4. Section 6 of chapter 209C is hereby amended in line 39 by adding the following subsection:-
(d) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this chapter or as follows:
(1) A presumption of parentage cannot be overcome after the child attains 2 years of age unless the court determines: (i) the presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or (ii) the child has more than 1 presumed parent.
(2) A proceeding to challenge a presumption by an alleged genetic parent who is not a presumed parent may be permitted by a court only if the alleged genetic parent proves, by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child relationship with the child. If the court permits the proceeding, the court shall adjudicate parentage under section 26.
(3) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child; (ii) If the presumed parent is identified as a genetic parent of the child and that identification is not successfully challenged, the court shall adjudicate the presumed parent to be a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors of section 26.
(4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under section 26.
SECTION 5. Section 11 of chapter 209C is hereby amended in line 2 by inserting after the word “father” the following:- presumed parent or intended parent pursuant to section 27.
SECTION 6. Section 11 of chapter 209C is hereby amended by striking out, in line 3, the words “mother of the child” and inserting in place thereof the following words:- individual who gave birth to the child.
SECTION 7. Section 11 of chapter 209C is hereby amended in lines 21-22 by striking “such putative father and mother and shall have the same force and effect as a judgment of paternity” and inserting the following:- “both parents and shall have the same force and effect as a judgment of parentage”.
SECTION 8. Section 11 of chapter 209C is hereby amended in line 48 by striking “shall” and inserting the following:- may.
SECTION 9. Section 11 of chapter 209C is hereby amended in line 83 by inserting after the word “executed” the following sentence:-A voluntary acknowledgement of parentage that complies with this section and section 5 and is filed with the registrar of vital records and statistics or the court is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. The court shall give full faith and credit to a voluntary acknowledgment of parentage that is effective in another state if the acknowledgment was in a signed record and otherwise complies with the laws of the other state.
SECTION 10. Chapter 209C of the General Laws is hereby amended by inserting after section 24 the following section 25:
Section 25. De Facto Parentage
(a) This section shall apply to nonmarital and marital children. A proceeding to establish parentage of a child under this section may be commenced only by an individual who:
(i) is alive when the proceeding is commenced; and
(ii) claims to be a de facto parent of the child.
(b) An individual who claims to be a de facto parent of a child shall commence a proceeding to establish parentage of a child under this section:
(i) before the child attains 18 years of age; and
(ii) while the child is alive.
(c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section:
(i) The individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding.
(ii) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (i). A responsive pleading must be verified and served on parties to the proceeding.
(iii) The court shall determine, based on the pleadings under subsections c(i) and c(ii) , whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence each of the requirements of paragraphs (i) through (vii) of subsection (d). Upon request made by a party entitled to notice, the court may hold a hearing on the issue of standing. Whether the hearing is an evidentiary hearing is in the discretion of the court. The court may enter an interim order concerning contact between the child and an individual with standing seeking adjudication under this section as a de facto parent of the child.
(d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and convincing evidence that:
(i) the individual resided with the child as a regular member of the child’s household for a significant period of time based on the age of the child;
(ii) the individual engaged in consistent caretaking of the child which may include regularly taking responsibility for the child’s needs such as care, guidance, education and health, and making day-to-day decisions regarding the child individually or cooperatively with another parent;
(iii) the individual undertook full and permanent responsibilities of a parent of the child without expectation or payment of financial compensation. If an individual undertook the responsibilities of a parent of the child due to a parent of that child being deployed in the military, there shall be a presumption that such arrangements were intended to be temporary for the duration of the parent’s military deployment;
(iv) the individual held out the child as the individual’s child;
(v) the individual established a bonded and dependent relationship with the child which is parental in nature;
(vi) a parent of the child fostered or supported the bonded and dependent relationship required under paragraph (v). Consent to guardianship, execution of a caregiver affidavit, execution of a Military Family Care Plan, or other caretaking agreement by a parent serving in the military shall not be considered as evidence that a parent fostered or supported the bonded and dependent relationship required under (v); and
(vii) continuing the relationship between the individual and the child is in the best interest of the child. In considering this factor, the court shall consider evidence of past or present abuse by the individual toward a parent or the child as a factor contrary to the best interests of the child. For the purpose of this section, “abuse” shall have the same meaning as provided in section 31 of chapter 208 and section 10(e) of this chapter.
(e) A parent of the child may use evidence of duress, coercion, or threat of harm to
contest an allegation that the parent fostered or supported a bonded and dependent relationship as
provided in subsection (d)(vi) of this section or that continuing the relationship between the individual and the child is in the best interests of the child as provided in subsection d(vii) of this section. Such evidence may include, but not be limited to, whether, within the prior ten years, the individual seeking to be adjudicated a de facto parent (1) has been convicted of a crime involving violence against a parent of the child or the child including but not limited to rape, assault with intent to commit rape, indecent assault and battery, assault or assault and battery on a family or household member; (2) was the subject of a final abuse prevention order pursuant to Chapter 209A or section 34B or 34C of Chapter 208 because the individual was found to have committed abuse against the child or a parent of the child; (3) was substantiated for abuse against the child by the Department of Children and Families; or (4) there exists other credible evidence of abuse by the individual against a parent of the child or the child.
(f) Subject to other limitations in this section, if in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section 26 of this chapter.
(g) The adjudication of an individual as a de facto parent under this section does not disestablish the parentage of any other parent.
SECTION 11. Chapter 209C of the General Laws is hereby amended by inserting the following section 26:
Section 26. Competing Claims of Parentage
(a) In a proceeding to adjudicate competing claims of, or challenges under this chapter to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best interest of the child, based on:
(i) the age of the child;
(ii) the length of time during which each individual assumed the role of parent of the child;
(iii) the nature of the relationship between the child and each individual;
(iv) the harm to the child if the relationship between the child and each individual is not recognized;
(v) the basis for each individual’s claim to parentage of the child; and
(vi) other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.
(b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a), the court shall consider:
(i) the facts surrounding the discovery that the individual might not be a genetic parent of the child; and
(ii) the length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.
(c) The court may adjudicate a child to have more than 2 parents if the court finds that it is in the best interests of the child to do so. A finding of best interests of the child under this subsection does not require a finding of unfitness of any parent or person seeking an adjudication of parentage.
SECTION 12. Chapter 209C of the General Laws is hereby amended by inserting the following section 27:
Section 27. Parentage by Assisted Reproduction
(a) This section shall apply to nonmarital and marital children. This section shall not apply to the birth of a child conceived by sexual intercourse or assisted reproduction by surrogacy agreement under sections 28A-28Q.
(b) Venue for a proceeding to adjudicate parentage under this section is in the county of this state in which: (i) the child resides or is or will be born; (ii) any parent or intended parent resides; or (iii) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter.
(c) The following terms shall have the following meanings:
(i) “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes, but is not limited to, artificial insemination as well as intrauterine, intracervical, or vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer of embryos; and intracytoplasmic sperm injection.
(ii) “Donor”, an individual who provides a gamete or embryo intended for assisted reproduction or gestation, whether or not for consideration. This term does not include a person who consents to assisted reproduction with the intent to be a parent of the resulting child.
(iii) “Intended parent”, an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction.
(d) A donor is not a parent of a child conceived through assisted reproduction by virtue of the donor’s genetic connection. A donor may not establish the donor's parentage by signing an acknowledgment of parentage pursuant to this chapter. A donor shall not be entitled to notice.
(e) An individual who consents to assisted reproduction under subsection (f) with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
(f) Consent to assisted reproduction described in subsection (e) may be established either by a record signed by the individual giving birth to a child conceived by assisted reproduction and by an individual who intends to be a parent of the child before, on, or after the birth of the child or if a court finds by a preponderance of the evidence that (i) prior to conception or birth of the child, the parties agreed that they would be parents of the child; or (ii) the individual who seeks to be a parent of the child voluntarily participated in and consented to the assisted reproduction that resulted in the conception of the child.
(g) Except as otherwise provided herein, an individual who, at the time of a child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may not challenge the spouse’s parentage of the child unless not later than 2 years after the birth of the child, the spouse commences a proceeding to adjudicate their own parentage of the child, and the court finds the spouse did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under subsection i. A proceeding by a spouse to challenge their own parentage of a child born by assisted reproduction may be commenced at any time if the court determines that the spouse neither provided a gamete for, nor consented to, the assisted reproduction; the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and the spouse never openly held out the child as their child. This subsection applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs. The person giving birth shall not challenge a spouse’s parentage under this section.
(h) A married individual who has commenced an action for divorce may, after at least 60 days has elapsed since service of the complaint, proceed with assisted reproduction pursuant to this section and the spouse shall not be a parent of any child born as a result of the assisted reproduction unless the spouse consents in a record to be a parent of a child born as a result of assisted reproduction after commencement of a divorce action. A married individual proceeding with assisted reproduction pursuant to this section shall not utilize gametes of the spouse unless the spouse consents in a record to the use of the spouse’s gametes for assisted reproduction by the married person after commencement of a divorce action.
(i) An individual who consents under subsection e to assisted reproduction may withdraw consent any time before a transfer or implantation of gametes or embryos that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider who may be facilitating the assisted reproduction. Failure to give notice to a clinic or health-care provider does not affect a determination of parentage under this section. An individual who withdraws consent under this subsection is not a parent of the child under this subsection.
(j) (i)If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter. (ii) If an individual who consented in a record to assisted reproduction by a person who agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if either the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or the individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence; and either the embryo is in utero not later than 36 months after the individual’s death; or the child is born not later than 45 months after the individual’s death.
(k) If due to a laboratory error the child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are the parents of the child unless otherwise determined by the court.
(l) Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C, shall not be used (i) to challenge the parentage of an individual who is a parent under this section; or (ii) to establish the parentage of an individual who is a donor.
(m) (i) An individual giving birth or an individual who is or claims to be a parent under this section may commence a proceeding prior to or after the birth of a child to obtain a judgment (a) Declaring that the intended parent or parents are the parent or parents of the resulting child immediately upon birth of the child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon birth of the child; and (b) Designating the contents of the birth certificate and directing the department of public health to designate the intended parent or parents as the parent or parents of the resulting child. (ii) A judgment issued before the birth of the resulting child does not take effect unless and until the birth of the resulting child. Nothing in this subsection shall be construed to limit the court’s authority to issue other orders under any other provision of the general laws. (iii) Neither the state, the department of public health nor the hospital where the child is or expected to be born shall be a necessary party to a proceeding under this section. (iv) The burden of proof in proceedings under this section shall be by a preponderance of the evidence.
(n) On request of a party, the court may close a proceeding under this article to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated.
(o) In a proceeding under this section, the court shall issue a final judgment adjudicating whether a person alleged or claiming to be a parent is the parent of a child. On request of a party and consistent with law of this state other than this section, the court in a proceeding under this section may order the name of the child changed. If the final judgment is at variance with the child’s birth certificate, the court shall order the department of public health to issue an amended birth certificate.
SECTION 13. Chapter 209C of the General Laws is hereby amended by inserting after section 27 the following sections:
Section 28A. Parentage by Consent to Surrogacy Agreement
(a) This section shall apply to nonmarital and marital children. This section shall not apply to the birth of a child conceived by sexual intercourse.
(b) Venue for proceedings under sections 28A through 28Q is in the county of this state in which: (i) the child resides or is born or expected to be born; (ii) a parent or intended parent resides; (iii) an individual acting as a surrogate resides; or (iv) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter.
(c) The following terms shall have the following meanings:
(i) “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes, but is not limited to, artificial insemination as well as intrauterine, intracervical, or vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer of embryos; and intracytoplasmic sperm injection.
(ii) “Intended parent”, an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction.
(iii) “Genetic surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete, under a genetic surrogacy agreement as provided in this chapter.
(iv) “Gestational surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual’s own, under a gestational surrogacy agreement as provided in this chapter.
(v) “Surrogacy agreement”, an agreement between one or more intended parents and an individual who is not an intended parent in which the person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a gestational surrogacy agreement and a genetic surrogacy agreement.
Section 28B. Eligibility
(a) To execute an agreement to act as a gestational or genetic surrogate, an individual shall: (i) be at least 21 years of age; (ii) previously have given birth to at least one child; (iii) complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; (iv) complete a mental health consultation by a licensed mental health professional; and (v) have independent legal representation of the individual’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement and that is paid for by the intended parent or parents.
(b) To execute a surrogacy agreement as an intended parent, whether or not genetically related to the child, an individual shall: (i) be at least 21 years of age; (ii) complete a mental health consultation by a licensed mental health professional; and (iii) have independent legal representation of the intended parent’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
Section 28C. Process Requirements
A surrogacy agreement shall be executed in compliance with the following rules:
(a) At least 1 party shall be a resident of the Commonwealth or, if no party is a resident of the Commonwealth, at least 1 medical evaluation or procedure or mental health consultation under the agreement shall occur in this state, or the birth is anticipated to or does occur in this state.
(b) An individual acting as a surrogate and each intended parent shall meet the requirements of section 28B.
(c) Each intended parent, the individual acting as surrogate, and spouse, if any, of the individual acting as surrogate shall be parties to the agreement.
(d) The agreement shall be in a record signed by each party listed in paragraph (c).
(e) The individual acting as a surrogate and each intended parent shall receive a copy of the agreement.
(f) The signature of each party to the agreement shall be attested by a notary or witnessed. (g) The individual acting as surrogate and, if married, the spouse of the individual acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement paid for by the intended parent or parents, and each counsel shall be identified in the surrogacy agreement. A single attorney for the individual acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct.
(h) The intended parent or parents shall pay for independent legal representation for the individual acting as surrogate and the individual’s spouse, if any.
(i) The agreement shall be executed before a medical procedure occurs related to attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical evaluation and mental health consultation required by section 28B.
Section 28D. Agreement Content Requirements
A surrogacy agreement shall comply with the following requirements:
(a) An individual acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction.
(b) Except as otherwise provided in sections 28J, 28N, and 28O, the individual acting as surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement.
(c) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the individual acting as surrogate by the surrogacy agreement.
(d) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended parent or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the child shall be the exclusive parent or parents of the child, regardless of the number of children born or gender or condition of each child.
(e) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended parent or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or condition of each child.
(f) The intended parent or parents are liable, and the surrogacy agreement shall include information providing that the intended parent or parents shall be responsible for paying, for the surrogacy-related expenses of the individual acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subsection shall not be construed to supplant any health insurance coverage that is otherwise available to the individual acting as surrogate or an intended parent for the coverage of health care costs. This subsection shall not change the health insurance coverage of the individual acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers an individual acting as surrogate.
(g) The surrogacy agreement shall not infringe on the rights of the individual acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not infringe upon the right of the individual acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the individual acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subsection are void as against public policy.
(h) The surrogacy agreement shall include information about each party’s right under this article to terminate the surrogacy agreement.
(i) A right created under a surrogacy agreement is not assignable and there is no third- party beneficiary of the agreement other than the child.
(j) A surrogacy agreement may provide for (i) payment of consideration and reasonable expenses and (ii) reimbursement of specific expenses if the agreement is terminated under this chapter.
Section 28E. Effect of subsequent change of marital status on agreement
Unless a surrogacy agreement expressly provides otherwise:
(a) The marriage of an individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the surrogacy agreement is not required, and the surrogate’s spouse is not a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement.
(b) The divorce or annulment of the individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement.
(c) The marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement.
(d) The divorce or annulment of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and the intended parents are the parents of the child.
Section 28F. Exclusive Continuing Jurisdiction
During the period after the execution of a surrogacy agreement until the occurrence of the earlier of the date of termination of a surrogacy agreement pursuant to the agreement terms or 90 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section does not give the court jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this state other than this chapter.
Section 28G. Termination of Gestational Surrogacy Agreement
(a) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer.
(b) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (a), the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the individual acting as gestational surrogate through the date of termination of the agreement.
(c) Except in a case involving fraud, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse of the person acting as surrogate, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section.
Section 28H. Parentage under gestational surrogacy agreement
(a) Except as otherwise provided in subsection (c) or section 28I(b) or 28K, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child.
(b) Except as otherwise provided in subsection (c) or section 28K, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child.
(c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage shall be determined in accordance with sections 1 through 27 of this chapter.
(d) Except as otherwise provided in subsection (c) or subsection (b) of section 28I or section 28J, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child.
Section 28I. Parentage of deceased intended parent under gestational surrogacy agreement
(a) Section 28H applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.
(b) Except as otherwise provided in section 28K, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (i) the surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.
Section 28J. Judgment of parentage under gestational surrogacy agreement
(a) Except as otherwise provided in subsection (c) of section 28H or section 28K, before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, any party to the agreement may commence a proceeding for a judgment of parentage:
(1) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;
(2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, are not the parents of the child;
(3) designating the content of the birth record in accordance with chapter 46 and directing the department of public health to designate each intended parent as a parent of the child;
(4) to protect the privacy of the child and the parties, declaring that the court record and related pleadings shall be impounded in accordance with this section;
(5) if necessary, that the child be surrendered to the intended parent or parents;
(6) if necessary, that the hospital where the child will be or has been born, treat the intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions; and
(7) for other relief the court determines necessary and proper.
(b) The court may issue an order or judgment under subsection (a) before and/or after the birth of the child, as requested by the parties.
(c) Neither this state or the department of public health nor any town clerk nor the hospital where the child is to be born or is born is a necessary party to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding.
(d) A complaint under this section shall include: (i) sworn affidavits of the parties to the surrogacy agreement and the assisted reproductive physician demonstrating the intent of the parties for the intended parent or parents to be the sole legal parent or parents of the child and that the child was born pursuant to assisted reproduction and (ii) certifications from the attorneys representing the intended parent(s) and the individual acting as gestational surrogate that the requirements of sections 28B, 28C, and 28D have been met. A complaint supported by such affidavits and certifications shall be sufficient to establish parentage, and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without a hearing.
(e) Upon a finding that the complaint satisfies subsection (d), a court shall expeditiously, but no later than sixty (60) days from the docketing of the complaint, issue a judgment of parentage. Such parentage judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship.
(f) In the event the certification required by subsection (d) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 28B, 28C, and 28D of this chapter, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections.
(g) On request of a party, the court may close a proceeding under this section to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated.
Section 28K. Effect of gestational surrogacy agreement
(a) A gestational surrogacy agreement that substantially complies with sections 28B, 28C, and 28D is enforceable.
(b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not substantially comply with sections 28B, 28C, and 28D, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.
(c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the individual acting as gestational surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
(d) Specific performance is not a remedy available for breach by an individual acting as gestational surrogate of a provision in the agreement that the individual acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
(e) Except as otherwise provided in subsection (d), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:
(i) breach of the agreement by an individual acting as gestational surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or
(ii) breach by the intended parent which prevents the intended parent’s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.
Section 28L. Requirements to validate genetic surrogacy agreement
(a) Except as otherwise provided in section 28O, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
(b) The court shall issue an order validating a genetic surrogacy agreement if the court finds that:
(i) sections 28B, 28C, and 28D of this chapter are satisfied; and
(ii) all parties entered into the agreement voluntarily and understand its terms.
(c) An individual who terminates a genetic surrogacy agreement under section 28M shall file notice of the termination with the court and parties. On receipt of the notice, the court shall vacate any order issued under subsection (b).
Section 28M. Termination of genetic surrogacy agreement
(a) A party to a genetic surrogacy agreement may terminate the agreement as follows: An intended parent or individual acting as genetic surrogate who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed.
(b) An intended parent or individual acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 28L or 28O of this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court.
(c) A person may not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer has resulted in a pregnancy.
(d) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement except that any intended parent remains responsible for all expenses incurred by the individual acting as genetic surrogate through the date of termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the individual acting as surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate.
(e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.
Section 28N. Parentage under validated genetic surrogacy agreement
(a) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 28L or 28O of this chapter, each intended parent is, by operation of law, a parent of the resulting child.
(b) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 28L or 28O of this chapter, the intended parent or parents shall file a notice with the court that validated the agreement that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing:
(i) declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent;
(ii) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, are not parents of the child;
(iii) designating the contents of the birth certificate in accordance with chapter 46 and directing the department of public health to designate any intended parent as a parent of the child;
(iv) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection in accordance with section 28J;
(v) if necessary, that the child be surrendered to the intended parent or parents; and
(vi) for other relief the court determines necessary and proper.
(c) Except as otherwise provided in subsection (d) or section 28P, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child.
(d) If a child born to an individual acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction and the second source of genetic material is the spouse of the individual acting as genetic surrogate, then the surrogate and the spouse shall be found to be the parents of the child. If the second genetic source is an individual other than the spouse of the surrogate, then parentage shall be determined as provided in sections 1 through 27 of this chapter. However, if the second genetic source is an intended parent, the court, in its sole discretion, may determine parentage under sections 1 through 27 of this chapter. Unless the genetic surrogacy agreement provides otherwise, the individual acting as genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate if the child was not conceived by assisted reproduction.
(e) If an intended parent fails to file the notice required under subsection (b) of this section, the individual acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the individual acting as genetic surrogate. On proof of a court order issued under sections 28L or 28O of this chapter validating the agreement, the court shall order that each intended parent is a parent of the child.
Section 28O. Effect of nonvalidated genetic surrogacy agreement
(a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 28L is enforceable only to the extent provided in this section and section 28Q.
(b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement if the court finds that:
(i) sections 28B, 28C, or 28D of this chapter are satisfied; and
(ii) all parties entered into the agreement voluntarily and understand its terms.
(c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 28L or subsection (b) of this section is born, the individual acting as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection (a) of section 26 and the intent of the parties at the time of the execution of the agreement.
(d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.
Section 28P. Parentage of deceased intended parent under genetic surrogacy agreement
(a) Except as otherwise provided in section 28N or 28O on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.
(b) Except as otherwise provided in section 28N or 28O, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent.
Section 28Q. Breach of genetic surrogacy agreement
(a) Subject to section 28M(d), if a genetic surrogacy agreement is breached by an individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
(b) Specific performance is not a remedy available for breach by an individual acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
(c) Except as otherwise provided in subsection (b), specific performance is a remedy available for: (i) breach of a validated genetic surrogacy agreement by an individual acting as genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.
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An Act relative to the jurisdiction of the housing court | H1714 | HD2346 | 193 | {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T11:10:01.95'} | [{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T11:10:01.95'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1714/DocumentHistoryActions | Bill | By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 1714) of Sarah K. Peake relative to the jurisdiction of the Housing Court. The Judiciary. | SECTION 1. Section 3 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out at the first sentence in paragraph (1), as amended by section 79 of chapter 47 of the acts of 2017, the following:- “arising in the city of Boston in the case of that division, in the counties of Berkshire, Franklin, Hampden and Hampshire in the case of the western division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions.”
SECTION 2. Section 3 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out at the second sentence in paragraph (1), as amended by section 79 of chapter 47 of the acts of 2017, the following:- “the city of Boston, in the case of that division, Berkshire, Franklin, Hampden and Hampshire counties, in the case of the western division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions” and adding in place thereof:- those divisions
SECTION 3. This act shall take effect upon passage.
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An Act modernizing time-share extension and termination procedures | H1715 | HD2351 | 193 | {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:27:03.44'} | [{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:27:03.44'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1715/DocumentHistoryActions | Bill | By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 1715) of Sarah K. Peake relative to time-share extension and termination procedures. The Judiciary. | SECTION 1. Chapter 183B of the General Laws, as appearing in the 2016 official edition, is hereby amended by striking out section 15 and inserting in place thereof the following section:-
“Section 15.
(a) This section shall apply to time-share plans containing time-share estates. This section shall apply to time-share licenses only to the extent expressly provided by the time-share instrument.
(b) A time-share plan may be terminated in accordance with the following:
(1) After the occurrence of a duly noticed and called meeting of the association convened for the purpose of discussion of the possible termination of the time-share plan, all time-shares in a time-share property may be terminated by written agreement of the time-share owners having at least sixty per cent of all eligible beneficial interests.
(2) An agreement to terminate all time-shares in a time-share property shall be evidenced by the execution, in the same manner as a deed, of a termination agreement, or ratifications thereof, by the requisite number of time-share owners. The termination agreement shall specify a date after which it shall be void unless it is recorded on or before said date, and it may provide for the establishment of a termination trust to carry out its terms and effect a sale as hereinafter provided. A termination agreement and all ratifications thereof shall be recorded in the registry of deeds or land registration office in every district in which a portion of the time-share property is situated, and shall be effective only upon such recording.
(3) Unless the termination agreement sets forth the material terms of a contract or proposed contract under which an estate or interest in each time-share unit equal to the sum of the time-shares therein is to be sold and designates a trustee or board of trustees to effect the sale, title to an estate or interest in each time-share unit equal to the sum of the time-shares therein vests upon termination in the time-share owners thereof in proportion to the respective interests of the time-share owners as provided in subsections (7) and (8), and liens on the time-shares shall attach to and encumber said interests. Any co-owner of said estate or interest in a unit may thereafter maintain an action for partition or for allotment or sale in lieu of partition.
(4) If the termination agreement sets forth parameters for the material terms of a contract or proposed contract under which an estate or interest in each time-share unit equal to the sum of the time-shares therein is to be sold and designates the board of the time-share owners association as trustees, or other individual or group of individuals as trustees, to effect the sale, title to said estate or interest vests upon termination in the said trustees for the benefit of the time-share owners, to be transferred pursuant to the contract of sale. Net proceeds of the sale shall be distributed to time-share owners and lienholders as their interests may appear, as provided in subsections (7) and (8).
(5) If the time-share property is managed by an association that is separate from any underlying owners’ association, the termination of a time-share plan does not change the status of the underlying owners’ association. Upon termination of the time-share plan, the time-share association shall continue to exist, but only for the purposes of concluding its affairs, prosecuting and defending actions by or against it, collecting and discharging obligations, disposing of and conveying its property, collecting and dividing its assets, and otherwise complying with this section.
(6) All reasonable expenses incurred by the termination trustee(s) relating to the performance of its or their duties pursuant to this subsection, including the reasonable fees of attorneys and other professionals, must be paid by the termination trustee(s) .
(7) The termination trustee(s) shall adopt reasonable procedures to implement the sale of the former time-share property and comply with the requirements of this section.
(8) Except as otherwise provided in the termination agreement, so long as the former time-share owners or their termination trustee(s) hold title to an estate or interest equal to the sum of the time-shares, each former time-share owner and his successors in interest have the same rights with respect to occupancy in the former time-share unit that he would have had if termination had not occurred, together with the same liabilities and other obligations imposed by this chapter or the time-share instrument.
(9) After termination of all time-shares in a time-share property and adequate provision for the payment of the claims of the creditors for time-share expenses, distribution of (i) the proceeds of any sale pursuant to this section, (ii) the proceeds of any personalty held for the use and benefit of the former time-share owners, and (iii) any other funds held for the use and benefit of the former time-share owners, shall be made to the former time-share owners and their successors in interest in proportion to their respective interests as provided in subsection (8). Following termination, creditors of the association holding liens perfected against the time-share property prior to the termination may enforce said liens in the same manner as any other lien holder. All other creditors of the association shall be treated as if they had perfected liens on the time-share property immediately prior to termination.
(10) The time-share instrument may specify the respective fractional or percentage interest in the estate or interest in each unit or in the time-share property equal to the sum of the time-shares therein that will be owned by each former time-share owner upon termination of the time-shares. If the time-share instrument fails to so specify, then upon termination, each time-share owner’s beneficial interest in the termination trust shall be equal to such owner’s prior beneficial interest in the time-share property as set forth in the time-share instrument and any underlying condominium Master Deed.
(c) A time-share plan which is scheduled to expire, by its express terms, at a certain date, with the time-share owners each holding an undivided tenancy in common interest thereafter, may be extended in accordance with the following:
(1) After the occurrence of a duly noticed and called meeting of the association convened for the purpose of discussion of the proposed extension of the time-share plan, unless the time-share instrument specifically provides a lower percentage, the written consent, of at least sixty percent of all eligible beneficial interests of the association may, at any time, extend the term of the time-share plan. If the term of a time-share plan is extended pursuant to this subsection, all rights, privileges, duties, and obligations created under applicable law or the time-share instrument continue in full force to the same extent as if the extended termination date of the time-share plan were the original termination date of the time-share.
(d) In the event of a conflict between Section 15 and the time-share instrument, the condominium master deed, if applicable, or other governing documents of the time-share, and any amendment thereto, of any time-share submitted to the provisions of this chapter, the provisions of Section 15 shall control.
(e) Any action for damages or any other legal challenge arising out of the termination or extension of a time-share plan pursuant to Section 15 shall be commenced only within one year after the recording in the registry of deeds or land registration office of the termination agreement or the extension agreement, as the case may be.”
SECTION 2. This act shall apply to all time-share plans in the commonwealth existing before and subsequent to passage of this act.
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An Act relative to the uniform voidable transactions act | H1716 | HD3382 | 193 | {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:27:47.42'} | [{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:27:47.42'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1716/DocumentHistoryActions | Bill | By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1716) of Alice Hanlon Peisch relative to uniform voidable transactions. The Judiciary. | SECTION 1. The title of chapter 109A of the General Laws is hereby amended by striking out the words “FRAUDULENT TRANSFER” in that title and by inserting in place thereof the following words:-- “VOIDABLE TRANSACTIONS”.
SECTION 2. Said chapter 109A is hereby amended by striking out Section 1 and by inserting in place thereof the following Section:--
§ 1. Citation of chapter
This chapter, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act.
SECTION 3. Said chapter 109A is hereby amended by striking out Section 2 and by inserting in place thereof the following Section:--
§ 2. Definitions
As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:—
“Affiliate”, (i) a person that directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(ii) a corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
(iii) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(iv) a person that operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.
“Asset”, property of a debtor, but the term shall not include:
(i) property to the extent it is encumbered by a valid lien;
(ii) property to the extent it is generally exempt under nonbankruptcy law; or
(iii) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
“Claim”, except as used in “claim for relief”, a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
“Creditor”, a person that has a claim.
“Debt”, liability on a claim.
“Debtor”, a person that is liable on a claim.
“Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
“Insider”, includes:
(i) if the debtor is an individual:
(A) a relative of the debtor or of a general partner of the debtor;
(B) a partnership in which the debtor is a general partner;
(C) a general partner in a partnership described in clause (B); or
(D) a corporation of which the debtor is a director, officer, or person in control;
(ii) if the debtor is a corporation:
(A) a director of the debtor;
(B) an officer of the debtor;
(C) a person in control of the debtor;
(D) a partnership in which the debtor is a general partner;
(E) a general partner in a partnership described in clause (D); or
(F) a relative of a general partner, director, officer, or person in control of the debtor;
(iii) if the debtor is a partnership:
(A) a general partner in the debtor;
(B) a relative of a general partner in, a general partner of, or a person in control of the debtor;
(C) another partnership in which the debtor is a general partner;
(D) a general partner in a partnership described in clause (C); or
(E) a person in control of the debtor;
(iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(v) a managing agent of the debtor.
“Lien”, a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
“Organization”, a person other than an individual.
“Person”, an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
“Property”, anything that may be the subject of ownership.
“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Relative”, an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.
“Sign”, with present intent to authenticate or adopt a record:
(i) to execute or adopt a tangible symbol; or
(ii) to attach to or logically associate with the record an electronic symbol, sound, or process.
“Transfer”, every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license and creation of a lien or other encumbrance.
“Valid lien”, a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
SECTION 4. Said chapter 109A is hereby amended by striking out Section 3 and by inserting in place thereof the following Section:--
§ 3. Insolvency; excluded assets
(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
(b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Assets under this section shall not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(d) Debts under this section shall not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
SECTION 5. The title of Section 5 of said chapter 109A is hereby amended by striking out the word “Fraudulent” in that title and by inserting in place thereof the following word:-- “Voidable”.
SECTION 6. Section 5 of said chapter 109A is hereby further amended by striking out the word “fraudulent” in Section 5(a) and by inserting in place thereof the following word:-- “voidable”.
SECTION 7. Section 5 of said chapter 109A is hereby further amended by striking out Section 5(a)(2)(ii) and by inserting in place thereof the following subsection:--
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
SECTION 8. Section 5 of said chapter 109A is hereby further amended by striking out the word “who” in Section 5(b)(11) and by inserting in place thereof the following word:-- “that”.
SECTION 9. Section 5 of said chapter 109A is hereby further amended by inserting the following new subsection at the end of Section 5:--
(c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
SECTION 10. The title of Section 6 of said chapter 109A is hereby amended by striking out the word “Fraudulent” in that title and by inserting in place thereof the following word:-- “Voidable”.
SECTION 11. Section 6 of said chapter 109A is hereby further amended by striking out the word
“fraudulent” wherever it appears in that Section and by inserting in each place thereof the following word:-- “voidable”.
SECTION 12. Section 6 of said chapter 109A is hereby further amended by inserting the following new subsection at the end of Section 6:--
(c) Subject to subsection (b) of section three, a creditor making a claim for relief under subsection (a) or (b) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
SECTION 13. Section 7(1)(i) of said chapter 109A is hereby amended by striking out the word “whom” in that Section and by inserting in place thereof the following word:-- “which”.
SECTION 14. Section 7 of said chapter 109A is hereby further amended by inserting the word “and” after the word “transferred;” in Section 7(4).
SECTION 15. Section 7 of said chapter 109A is hereby further amended by striking out Section 7(5)(ii) and by inserting in place thereof the following subsection:--
(ii) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
SECTION 16. Section 8(a)(2) of said chapter 109A is hereby amended by striking out that Section and by inserting in place thereof the following subsection:--
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
SECTION 17. Section 8 of said chapter 109A is hereby further amended by striking out the comma after the word “procedure” in Section 8(a)(3) and by inserting in place thereof the following:-- “:”.
SECTION 18. Said chapter 109A is hereby amended by striking out Section 9 and by inserting in place thereof the following Section:--
§ 9. Voidable transfers; creditor’s judgment
(a) A transfer or obligation is not voidable under paragraph (1) of subsection (a) of section five against a person that took in good-faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.
(b) To the extent a transfer is avoidable in an action by a credit under paragraph (1) of subsection (a) of section eight, the following rules apply:
(1) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:
(i) the first transferee of the asset or the person for whose benefit the transfer was made; or
(ii) an immediate or mediate transferee of the first transferee, other than:
(A) a good-faith transferee that took for value; or
(B) an immediate or mediate good-faith transferee of a person described in clause (A).
(2) Recovery pursuant to paragraph (1) of subsection (a) or (b) of section eight of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in clause (i) or (ii) of paragraph (1).
(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment shall be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(1) a lien on or a right to retain an interest in the asset transferred;
(2) enforcement of an obligation incurred; or
(3) a reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under paragraph (2) of subsection (a) of section five or section six if the transfer results from:
(1) termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(2) enforcement of a security interest in compliance with Article 9 of chapter one hundred and six, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.
(f) A transfer is not voidable under subsection (b) of section six:
(1) to the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, except to the extent the new value was secured by a valid lien;
(2) if made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) if made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
(g) The following rules determine the burden of proving matters referred to in this section:
(1) A party that seeks to invoke subsection (a), (d), (e), or (f) has the burden of proving the applicability of that subsection.
(2) Except as otherwise provided in paragraphs (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).
(3) The transferee has the burden of proving the applicability to the transferee of clause (A) or (B) of clause (ii) of paragraph 1 of subsection (b).
(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.
(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
SECTION 19. Said chapter 109A is hereby amended by striking out Section 10 and by inserting in place thereof the following Section:--
§ 10. Limitation of actions
A claim for relief with respect to a transfer or obligation under this chapter shall be extinguished unless action is brought:
(a) under paragraph (1) of subsection (a) of section five, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(b) under paragraph (2) of subsection (a) of section five or subsection (a) of section six, not later than four years after the transfer was made or the obligation was incurred; or
(c) under subsection (b) of section six, not later than one year after the transfer was made.
SECTION 20. Said chapter 109A is hereby amended by renumbering Section 11 as follows:-- “§ 13.” and by inserting the following new Section 11:--
§ 11. Governing Law
(a) In this section, the following rules determine a debtor’s location:
(1) A debtor who is an individual is located at the individual’s principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
SECTION 21. Said chapter 109A is hereby amended by renumbering the original Section 13 as follows:-- “§ 17.”.
SECTION 22. Said chapter 109A is hereby amended by renumbering Section 12 as follows:-- “§ 14.” and by inserting the following new Section 12:--
§ 12. Application to series organization
(a) In this section:
(1) “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2).
(2) “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
SECTION 23. Said chapter 109A is hereby amended by inserting the following new Sections 15 and 16:--
§ 15. Relation to electronic signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
§ 16. Relation to the Official Comments
The official comments to the Uniform Voidable Transactions Act, as added by the Uniform Law Commission in 2014 with the adoption of the changes to the Uniform Fraudulent Transfer Act, are not part of this act and may or may not reflect current Massachusetts law.
SECTION 24. The amendments to chapter 109A made by this bill: (a) apply to a transfer made or obligation incurred on or after the effective date of the amendments; (b) do not apply to a transfer made or obligation incurred before the effective date of the amendments; and (c) do not apply to a right of action that has accrued before the effective date of the amendments. For the foregoing purposes a transfer is made and an obligation is incurred at the time provided in section six of the chapter.
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An Act relative to nonprofit board member compensation | H1717 | HD3386 | 193 | {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-10T14:10:28.733'} | [{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-10T14:10:28.7333333'}] | null | http://malegislature.gov/api/GeneralCourts/193/Documents/H1717/DocumentHistoryActions | Bill | By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 1717) of Alice Hanlon Peisch relative to indemnified nonprofit board member compensation. The Judiciary. | SECTION 1. Section 85W of Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word "compensation" the following words:- "in excess of five hundred dollars per year."
| null | [] | [] | [] | [] |
An Act relative to the humane protection of animals | H1718 | HD3285 | 193 | {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:41:15.797'} | [{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-20T11:41:15.7966667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-20T11:44:24.0066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:53:46.1266667'}, {'Id': 'JCD1', 'Name': 'James C. 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Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T16:46:01.18'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T16:46:01.18'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T16:46:01.18'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:46:01.18'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T18:46:07.3233333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T18:46:07.3233333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T17:39:38.31'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T14:17:02.8533333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-16T08:27:09.39'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-24T17:00:25.3566667'}, {'Id': 'JKH1', 'Name': 'James K. 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Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-12T12:00:22.4766667'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-08-02T14:12:51.7666667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-18T13:13:54.4233333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-18T13:13:54.4233333'}] | {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-20T11:42:03.47'} | http://malegislature.gov/api/GeneralCourts/193/Documents/H1718/DocumentHistoryActions | Bill | By Representatives Philips of Sharon and Giannino of Revere, a petition (accompanied by bill, House, No. 1718) of Edward R. Philips, Jessica Ann Giannino and others for legislation relative to the humane protection of animals and establishing a task force to complete a systematic review of the laws pertaining to animal cruelty and protection. The Judiciary. | SECTION 1. (a) There shall be a task force established to complete a systematic review of the laws pertaining to animal cruelty and protection including any legislative recommendation regarding the creation of a misdemeanor animal cruelty statute. The task force shall consist of: the attorney general or a designee; the president of the Massachusetts District Attorneys Association or a designee; the colonel of the state police or a designee; the commissioner of agricultural resources or a designee; a representative from the Massachusetts Society for the Prevention of Cruelty to Animals; a representative from the Animal Rescue League of Boston; a representative from the Massachusetts Bar Association; and 2 persons appointed by the governor, 1 of whom shall be an animal control officer or representative of an association organized in the commonwealth for animal control officers and 1 of whom shall be a veterinarian or member of a veterinary medical association organized in the commonwealth. The members of the task force shall appoint a chair.
(b) The misdemeanor task force shall assess the adequacy, effectiveness and necessity of laws pertaining to animal cruelty and protection including, but not limited to, any legislative recommendation regarding the creation of a misdemeanor animal cruelty statute.
(c) The task force shall submit a report of its findings and legislative recommendations to the clerks of the senate and the house of representatives and the chairs of the joint committee on the judiciary not later than 12 months after the effective date of this act. The task force shall determine if subsequent reports shall be necessary to properly address the goals of the task force.
SECTION 2. Chapter 140 of the General Laws is hereby amended by inserting after section 141B the following section:-
Section 141C. (a) No person shall sell or offer for sale a puppy or kitten that is under 8 weeks of age. A violation of this subsection shall be punished by a fine of $100 for each puppy or kitten transferred.
SECTION 3. Chapter 140 of the General Laws is hereby amended by inserting after section 141C the following section:-
Section 141D. (a) No person shall sell, exchange, trade, barter, lease or display for commercial purposes any dog or cat on any roadside, public right-of-way, parkway, median, park or other recreation area, flea market or other outdoor market, or commercial or retail parking lot.
(b) This section shall not apply to: (1) the transfer of a dog or cat by, or to, a shelter, municipal animal control facility or animal rescue organization that is registered with the department, if required, and regardless of payment or compensation; or (2) the display of a dog or cat as part of a state or county fair exhibition, a 4-H program or similar exhibition or educational program.
(c) A person that violates this section shall be punished by a fine of not more than $50 for a first offense, a fine of not more than $100 for a second offense and a fine of not more than $300 for a third or subsequent offense. Each dog or cat sold in violation of this section shall constitute a separate offense.
(d) A city or town shall enforce this section through its animal control officers or police officers in a manner consistent with the disposition provisions in section 21D of chapter 40.
SECTION 4. Section 174E of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (g) and inserting in place thereof the following subsection:-
(g) No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.”
For the purposes of this section, a “domestic animal” is all animals, regardless of their purpose or use, including livestock, that are kept as a domestic animal.
For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the following:
(1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age and physical condition.
(2) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age, or physical condition.
SECTION 5. Subsection (h) of section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting at the beginning thereof the following:-
A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or guardian's expense pending compliance with this section, or loss of ownership of the animal.
SECTION 6. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 100, after the word “special” the following word:- state
SECTION 7. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by striking, in line 102, the word “and” and inserting in place thereof the following:- or
SECTION 8. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting the following subsection:-
(j) Nothing in this section shall preclude prosecution under section 77 of chapter 272.
SECTION 9. Section 35WW of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following words:- , fines collected pursuant to section 37 of chapter 129.
SECTION 10. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
SECTION 11. Section 1A of Chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “horses”, the following words:- but not including dogs or cats,
SECTION 12. Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 77 the following section:-
Section 77 1/2: Prohibition on access to animals by convicted animal abusers
(a) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of chapter 272 or section 112 of chapter 266 shall not harbor, own, possess, exercise control over, reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present for any length of time that the court deems reasonable for the protection of all animals; provided, however, that the length of time shall not be less than 5 years after the person’s date of conviction or release from custody, whichever is later, for a first offense or less than 15 years after the person’s date of conviction or release from custody, whichever is later, for a second or subsequent offense.
(b) The court shall notify relevant authorities of the duration of the prohibition within 30 days. Such authorities shall include any municipal officer involved with animal control and any municipal official responsible for the issuance of dog licenses in the municipality of the offender’s residence or residences, any special state police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, and, if the offender will serve a probationary sentence, the probation department. Such notice to authorities shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
(c) A person convicted of a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of chapter 272 or section 112 of chapter 266, as a first offense, may petition the court to reduce the duration of the prohibition no more than once per year. Such petition shall include: (i) an identification by county and docket number of the proceeding in which the petitioner was convicted; (ii) the date the judgment of conviction entered; (iii) the sentence imposed following conviction; (iv) a statement identifying all previous proceedings for direct and collateral review and the orders or judgments entered; and (v) all grounds for reduction of the duration of the prohibition claimed by the petitioner. The petitioner shall have the burden of establishing by a preponderance of evidence all of the following: (i) the petitioner does not present a danger to animals; (ii) the petitioner has the ability to properly care for any and all animals the petitioner may harbor, own, possess, exercise control over, reside with, adopt, or foster, or with whom the petitioner may engage in an occupation, whether paid or unpaid, or with whom the petitioner may participate in a volunteer position at any establishment; and (iii) the petitioner has successfully completed relevant classes and counseling deemed sufficient by the court. The petitioner shall serve a copy of the petition upon the office of the prosecuting attorney and, if at the time of filing the petitioner is serving a probationary sentence, the probation department. Upon receipt of a petition, the court shall schedule a hearing. The prosecuting attorney shall respond to the petition, specifying whether the petitioner presents a danger to animals and whether the petitioner should have the duration of the prohibition reduced. If the petitioner has met their burden, the court may reduce the prohibition, issuing corresponding notice as established in subsection (b) and may order that the petitioner instead comply with reasonable and unannounced inspections of the petitioner’s residence or residences, for a period of time the court deems appropriate, by an animal control officer as defined in section 136A of chapter 140 or a police officer or special state police officer appointed under section 57 of chapter 22C.
(d) Any person found in violation of an order incorporating the provisions of this section may, in addition to any other punishment provided by law, be fined in an amount not exceeding $1,000 for each animal held in unlawful ownership or possession; shall forfeit custody of any animal involved in a violation of this section to the custody of an entity incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals; and shall not harbor, own, possess, exercise control over, reside with, adopt, or foster an animal or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present for 5 years for a first offense or 15 years for a second or subsequent offense.
SECTION 13. Section 77C of Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in subsection (d), by striking out the second paragraph and inserting in place thereof the following sentence:-
A person convicted of a violation of this section shall be subject to the prohibition on access to animals as required by section 77 ½ of chapter 272.
SECTION 14. Chapter 133 of the General Laws is hereby amended by inserting after section 4 the following section;-
Chapter 133 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4 the following section:-.
Section 5. (1) For the purposes of this section:
(a)“Enforcing Authority” shall include: any law enforcement officer, animal control officer certified under section 151 of chapter 140, special state police officer duly appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston under section 57 of chapter 22C, sheriff or deputy sheriff; and
(b) “Neglected” shall include, but not be limited to the following:
(i) depriving the animal of necessary sustenance; or
(ii) failing to provide the animal with proper food, drink, shelter, sanitary environment, or protection from the weather; or
(iii) allowing or permitting the animal to be subjected to unnecessary suffering.
(2) To humanely protect any neglected animal, the enforcing authority may:
(a) Immediately remove an animal in an emergency situation from the animal’s present location in order to take custody of the animal if the enforcing authority has an objectively reasonable basis to believe that the animal is injured or in imminent danger of physical harm, provided the enforcing authority’s conduct following entry for removal is reasonable under the circumstances. A petition pursuant to this section shall be filed with the district court of the county in which the animal is located within 10 calendar days of removal of the animal seeking relief under this section; or
(b) File a petition with the district court of the county in which the animal is located seeking authority to order the owner or keeper of any animal found neglected to provide certain care to such animal at the expense of the owner or keeper without removal of the animal from its present location; or
(c) File a petition with the district court of the county in which the animal is located seeking authority to seize an animal upon probable cause that an animal has been neglected.
(3) Upon the filing of a petition pursuant to this section, wherein the enforcing authority is seeking relief pursuant to this section, the clerk magistrate of the district court shall schedule and commence a hearing on the petition before the justice of the district court within 10 calendar days of the date the petition is filed to determine whether the animal is neglected and whether the owner or keeper, if known, is able to humanely care for the animal. If there is any period of delay beyond the initial 10 calendar days before a hearing can commence, and that delay is attributable to the enforcing authority, the owner or keeper shall not be required to cover the cost of animal care for such period of delay. After the hearing, the court order shall be entered within 10 calendar days. A fee may not be charged for filing of the petition. This subsection does not require court action for stray or abandoned animals as lawfully performed by animal control agents pursuant to section 151A of chapter 140 or any other individual authorized by law.
(4) If taking custody of an animal under this section, the enforcing authority shall serve written notice upon the owner or keeper of the animal, in-hand, if such person is known, or leave a copy of the written notice at the location where the animal was removed from, at least 3 days before the hearing is scheduled under subsection (3).
(5) The enforcing authority taking custody of an animal under this section shall provide care for the animal until either:
(a) The court determines the animal has been neglected and orders the forfeiture of the animal to the enforcing authority, allowing the enforcing authority to permanently transfer the animal; or
(b) The court determines the animal has not been neglected and orders the enforcing authority to return the animal to the animal’s owner or keeper, in which case the animal shall be returned to the owner or keeper upon payment by the owner or keeper, for the care and provision for the animal while in the custody of the enforcement authority; or
(c) The court determines humane euthanasia is in the best interest of the animal.
(6) If the evidence indicates the animal has been neglected, the burden is on the owner or keeper to demonstrate by clear and convincing evidence that he or she is able to humanely care for the animal.
(7) After a hearing, the court shall make a determination as to whether the animal has been neglected.
(8) In determining whether the animal has been neglected, the court may consider, among other matters:
(a) Testimony from the enforcing authority who removed or seized the animal and other witnesses as to the condition of the animal when removed or seized and as to the conditions under which the animal was kept;
(b) Testimony and evidence as to the veterinary care provided to the animal;
(c) Testimony and evidence as to the type and amount of care provided to the animal;
(d) Expert testimony as to the community standards for proper and reasonable care of the same type of animal;
(e) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody;
(f) The owner or keeper’s past record of judgments pursuant to this chapter;
(g) Convictions or admissions to sufficient facts pursuant to applicable statutes prohibiting cruelty to animals;
(h) Documentary or testimonial evidence of past investigations involving facts and circumstances relating to the care and treatment of any animals; and
(i) Other evidence the court considers to be material or relevant.
(9) If after a hearing the court determines the animal has been neglected, the court may:
(a) Order that the owner or keeper have no further custody of the animal and the animal forfeited to the custody of the enforcing authority or any agency or person the court deems appropriate; or
(b) Order the animal be humanely euthanized, if in the best interest of the animal.
(10) If after a hearing the court determines the animal has not been neglected or subjected to cruel conditions and orders the enforcing authority to return the animal to the animal’s owner or keeper, the order shall provide that the animal in the possession of the enforcement authority be claimed and removed by the owner or keeper within 7 days after the date of the order. If the animal is not removed within 7 days, the animal shall be deemed abandoned by the owner or keeper.
(11) The court’s judgment shall be final and neither party shall have the right to an appeal of the judgment unless there exists a change in circumstance or newly discovered evidence within 10 business days of the final judgment by the court. The appeal shall be in the form of a motion to reconsider to the same justice who presided over the original hearing.
(12) The court may order that other animal(s) that are in the custody of the owner or keeper, not removed or seized by the enforcing authority, be forfeited to the enforcing authority if the court determines that the owner or keeper is unable to humanely care for any such additional animal(s). The court may prohibit such owner or keeper from harboring, owning, possessing, exercising control over, residing with, adopting, or fostering any additional animal(s).
(13) The court, upon proof of costs incurred by the enforcing authority, may require that the owner or keeper pay for the care of the animal while in the custody of the enforcing authority. A separate hearing may be held.
(14) Nothing in this section precludes an enforcing authority from applying for a search warrant to seize the animal pursuant to sections 1 through 7 of chapter 276 and section 83 of chapter 272 and from pursuing criminal charges relating to the animal pursuant to the applicable statutes prohibiting cruelty to animals.
SECTION 15. Section 58A of Chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “another”, in lines 5 and 6, the following word:- or animal
SECTION 16. Section 58A of Chapter 276 of the General Laws, is hereby further amended by inserting after the word “person”, in line 7, the following word:- or animal
SECTION 17. Section 58A of Chapter 276 of the General Laws, is hereby further amended by striking the words “or 5”, in lines 10 and 185, and inserting in place thereof, the following words:- , 5 or 11
SECTION 18. Section 58A of Chapter 276 of the General Laws, is hereby further amended by inserting after the words “section 77”, in line 24, the following words:- , 77C,
SECTION 19. Section 58A of Chapter 276 of the General Laws, is hereby further amended by inserting after the word “person”, in lines 39, 46, 51, 89, 101, 116, 135, 141, 157, and 163, the following word:- , animal,
SECTION 20. Section 58A of Chapter 276 of the General Laws, is hereby further amended by striking the words “and (xiv)”, in lines 86-87, and inserting in place thereof, the following words:- “(xiv) refrain from having possession, custody, control, ownership, and from residing or working with any animals; and (xv)”
SECTION 21. Section 58A of Chapter 276 of the General Laws, is hereby further amended by inserting after the word “individual”, in line 160, the following word:- , animal,
SECTION 22. Section 58A of Chapter 276 of the General Laws, is hereby further amended by striking the words “or five” in line 176 and inserting in place thereof, the following words:- , five or eleven
SECTION 23. Section 58A of Chapter 276 of the General Laws, is hereby further amended by striking the words “and (xiv)”, in lines 86-87, and inserting in place thereof, the following words:- “(xiv) refrain from having possession, custody, control, ownership, and from residing or working with any animals; and (xv)”
SECTION 24. Section 33A of Chapter 276 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “attorney”, in line 6, the following sentence:- “The accused shall also be afforded the opportunity to place a second call to make arrangements for the care of a dependent person or pet.”
SECTION 25. Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 77C the following section:-
Section 77D: Allowing courts to order mental health evaluations and treatment
(a) Prior to sentencing, the court may order a defendant charged with a violation of sections 77, 77C, 80 ½, 80E ½, 94, or 95 of chapter 272 or section 112 of chapter 266 to undergo a psychiatric, psychological, or mental health evaluation to help determine the causative factors for the violation and inform sentencing.
(b) If warranted by the results of an evaluation ordered pursuant to subsection (a) and the condition of the defendant, the court may order the defendant to undergo appropriate treatment, including, but not limited to, counseling, anger management classes, humane education classes, or any other appropriate treatment program designed to address the underlying causative factors for the violation. Such treatment may be conducted in-person or online.
(c) The cost of an evaluation ordered pursuant to subsection (a) and treatment program ordered pursuant to subsection (b) shall be borne by the defendant. However, if the defendant qualifies for a public defender or the court determines the defendant is indigent, such costs shall be paid by the commonwealth.
(d) Upon successful completion of a treatment program ordered pursuant to subsection (b), the court may suspend any fine imposed.
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