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An Act extending the statute of limitations for certain actions involving international human rights abuses
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S1062
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SD2155
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:44:14.457'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:44:14.4566667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1062) of Mark C. Montigny for legislation to extend the statute of limitations for certain actions involving international human rights abuses. The Judiciary.
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SECTION 1. Section 4D of chapter 260, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:-
(b) A civil action for trafficking of persons for forced labor or services or sexual servitude shall be commenced within 10 years of the date on which the human trafficking victim was freed from human trafficking or, if the victim was a child during the commission of the offense, within 10 years after the date the plaintiff attains the age of 18.
SECTION 2. Said chapter 260 is hereby further amended by inserting after section 36 the following 3 sections:-
Section 37. (a) Except as otherwise provided, the following actions shall be commenced within 10 years next after the cause of action accrues:
(i) an action of tort for assault or battery where the conduct constituting the tort shall constitute: (A) an act of torture as defined in 18 U.S.C. § 2340(1); (B) an act of genocide as provided in 18 U.S.C. § 1091; (C) a war crime as defined in 18 U.S.C. § 2441(c); or (D) an attempted extrajudicial killing as defined in § 3(a) of the federal Torture Victim Protection Act of 1991, Pub. L. 102–256; (E) crimes against humanity as defined in section 38 of said chapter 260;
(ii) an action for wrongful death where the death arises out of conduct listed in clause (i) or an “extrajudicial killing” as defined in said § 3(a) of said Torture Victim Protection Act of 1991, Pub. L. 102–256;
(iii) an action for trafficking of persons for forced labor or services or sexual servitude brought under section 4D;
(iv) an action for the taking of property in violation of international law where the property or any property exchanged for the property is: (A) present in the United States in connection with a commercial activity conducted in the United States by the foreign state; or (B) (B) owned or operated by an agency or instrumentality of a foreign state and the agency or instrumentality is engaged in a commercial activity in the United States; or
(v) an action seeking benefits under an insurance policy where the insurance claim arises out of conduct listed in subsections (a) to (d), inclusive.
(b) Pursuant to section 19, an action brought under this section that fails to comply with a previously applicable statute of limitations shall not be dismissed.
(c) All other statutory and equitable grounds for tolling shall apply to an action brought under this section and nothing in this section shall be construed to limit the applicability of other grounds of statutory or equitable tolling that may extend limitations periods for more than 10 years.
Section 38. “Crimes against humanity” shall mean any of the following acts as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack: murder; extermination; enslavement; forcible transfer of population; arbitrary detention; rape; sexual slavery; enforced prostitution; forced pregnancy; forced sterilization; persecution on political, racial, national, ethnic, cultural, religious, or gender grounds; enforced disappearance of persons; or other grave inhumane acts intentionally causing great suffering or serious physical or psychological injury.
Section 39. For an action where the applicable statute of limitations is provided in section 37, a prevailing plaintiff may be awarded reasonable attorneys’ fees and costs including, but not limited to, expert witness fees and expenses.
SECTION 3. This act shall apply retroactively.
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An Act to prevent human trafficking through increased public awareness
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S1063
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SD2158
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T17:04:30.853'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T17:04:30.8533333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-31T13:54:16.79'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:17:52.6566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:43:50.9133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:38:13.19'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1063) of Mark C. Montigny, Steven Ultrino, Michael O. Moore and Rebecca L. Rausch for legislation to prevent human trafficking through increased public awareness. The Judiciary.
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SECTION 1. Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 77. (a) The department shall display public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking, in every transportation station, rest area, and welcome center that is open to the public.
(b) Massachusetts Bay Transit Authority stations, busses, trains, subway cars, street cars, and passenger vehicles shall display, in a conspicuous location, public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking.
(c) Regional Transit Authority stations, busses, and passenger vehicles shall display, in a conspicuous location, public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking.
(d) Massachusetts Port Authority airports and ferry terminals shall display, in a conspicuous location, public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking.
SECTION 2. Chapter 6C of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following section:-
Section 78. The department shall promulgate rules and regulations, in collaboration with the Massachusetts Bay Transportation Authority, regional transit authorities, and Massachusetts Port Authority, to provide anti-human trafficking education and training for all new and existing employees, including but not limited to bus drivers, street car and train operators, ferry boat operators, venders and ticket collectors, custodial and sanitation workers, mechanics, and any other employee having frequent interaction with the public or who may come in contact with a victim of human trafficking, or is likely to receive in the course of their employment a report from another employee about suspected human trafficking.
The anti-human trafficking education and training may be incorporated into existing employment training programs and, at a minimum, shall include:
(i) the definition of commercial exploitation, human trafficking, sex trafficking, and labor trafficking;
(ii) common physical and emotional signs of human trafficking in victims;
(iii) guidance and emergency response training for employees who encounter suspected human trafficking activities including protocols on how to report suspected human trafficking activity, including but not limited to, national anti-human trafficking hotlines (1-888-373-7888 and text line 233733), state and local police, and any appropriate federal law enforcement authorities; and
(iv) education on identifying potential victims and vulnerable populations most at risk to be victims of human trafficking.
The department may collaborate with public entities and non-profit organizations for the acquisition of educational materials, trainings, or other resources to carry out said regulations; provided further, that the department shall review and periodically update said regulations at least once biannually in order to ensure education and training programs incorporate best practices to combat human trafficking and provide appropriate assistance to victims.
SECTION 3. Section 8 of chapter 90F, of the General Laws as so appearing, is hereby amended by inserting at the end thereof the following paragraphs:-
A person convicted of trafficking of persons for sexual servitude under section 50 of chapter 265, trafficking of persons for forced services under section 51 of said chapter 265, or under 18 U.S.C. § 1581, 1583, 1584, 1589, 1590, or 1591 shall be disqualified from obtaining any license to operate a commercial motor vehicle as defined by section 1.
No person, having been disqualified from obtaining a commercial motor vehicle license under this section shall have said license reinstated for any reason except in such case wherein the convicted person has been granted judicial relief by a state or federal court of competent jurisdiction on grounds which tend to establish the innocence of the individual as prescribed by section 1(C) of chapter 258D.
SECTION 4. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after section 51L the following section:-
Section 51M. The department shall require each hospital licensed pursuant to this chapter to display, in a conspicuous location, public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking.
SECTION 5. Section 2 of chapter 159A ½ of the General Laws, as so appearing, is hereby amended by inserting after subsection (m) the following subsections:-
(n) In consultation with the registry of motor vehicles, the division shall provide for the establishment of removable decals to be placed in a conspicuous place within the vehicle that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, along with basic information regarding the signs of human trafficking.
(o) The department shall promulgate rules and regulations requiring transportation network companies to provide anti-human trafficking education materials to all new and existing transportation network drivers as defined in section 1 of this statute. The materials shall include:
(i) the definition of commercial exploitation, human trafficking, sex trafficking, and labor trafficking;
(ii) common physical and emotional signs of human trafficking in victims;
(iii) guidance and emergency response tips for drivers who encounter suspected human trafficking activities including protocols on how to report suspected human trafficking activity, including but not limited to, national anti-human trafficking hotlines (1-888-373-7888 and text line 233733), state and local police, and any appropriate federal law enforcement authorities; and
(iv) education on identifying potential victims and vulnerable populations most at risk to be victims of human trafficking.
The department may collaborate with non-profit organizations or other state or federal agencies for the creation, procurement, and distribution of said educational materials to transportation network companies and drivers.
SECTION 6. Section 4(b) of chapter 159A ½ of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following: -
(ix) has given written confirmation of the receipt of anti-human trafficking educational materials to the transportation network company pursuant to section 2(o) of this chapter. The transportation network company shall retain such receipt from the driver for the duration of the driver’s certificate.
SECTION 7. Section 100A of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
A person convicted under section 50 or 51 of chapter 265 of the General Laws or U.S.C. § 1581, 1583, 1584, 1589, 1590, or 1591 shall not be eligible to seal said records under section 100A of chapter 276 of the general laws.
SECTION 8. The department shall promulgate regulations pursuant to section 2 within 180 days from the effective date of this act.
SECTION 9. The department shall promulgate regulations pursuant to section 6 within 180 days of the effective date of this act.
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An Act removing the charitable immunity cap
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S1064
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SD2163
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:00:19.837'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:00:19.8366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-27T10:15:09.3066667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1064) of Mark C. Montigny for legislation relative to the limitation of tort liability on charitable organizations. The Judiciary.
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Section 85K of chapter 231 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following sentence:-
"It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust, or association is, or at the time the cause of action arose was, a charity.".
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An Act to prevent unscrupulous medical debt recovery practices
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S1065
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SD2184
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T12:12:33.22'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T12:12:33.22'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1065) of Mark C. Montigny for legislation to prevent unscrupulous medical debt recovery practices. The Judiciary.
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SECTION 1. Chapter 235 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 34A the following section:-
Section 34B. A hospital or community health center licensed by the department of public health shall not seek legal execution against the primary motor vehicle of a patient or a guarantor of a patient nor seek legal execution up to the statutory amount provided for in chapter 188 against the principal residence of a patient or a guarantor of a patient, irrespective of whether a declaration of homestead has been recorded for said property.
SECTION 2. The department of public health shall promulgate regulations prohibiting a hospital or community hospital or an agent of a hospital or community hospital from seeking legal execution against a primary motor vehicle or principal residence pursuant to section 34B of chapter 235 within 180 days of the effective date of this act.
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An Act to address leaving the scene of an accident resulting in death aka Katie Brienzo's Law
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S1066
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SD2194
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:45:51.447'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:45:51.4466667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1066) of Mark C. Montigny for legislation to address leaving the scene of an accident resulting in death aka Katie Brienzo's Law. The Judiciary.
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SECTION 1. This bill may be known as an Act to update the definition leaving the scene of an accident a/k/a Katie’s Law.
SECTION 2. Section 24 of chapter 90 of the General Laws, as appearing in the 2020 edition, is hereby amended by striking out, in lines 996 through 999, the following words:- “or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars”.
SECTION 3. Section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking, in line 1000, the words “one year” and inserting in place thereof the words “two and one-half years”.
SECTION 4. Section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking, in lines 1003, the words “one year” and inserting in place thereof the words “two and one-half years”.
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An Act relative to public charity executive and board of directors compensation
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S1067
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SD2195
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:37:15.253'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-05T15:37:15.2533333'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1067) of Mark C. Montigny for legislation relative to public charity executive and board of directors compensation. The Judiciary.
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SECTION 1. Chapter 180 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 29 the following sections:-
Section 30. Any public charity with annual gross revenues in excess of $1,000,000.00 are subject to the following provisions:
(a) no officer, director acting in an executive capacity, or senior manager shall receive annual compensation in excess of $500,000.00;
(b) compensation, as defined by this section, includes salary, bonus payments, incentive payments, deferred compensation, severance payments, below market rate loans, and the lease or rental of any vehicle.
Section 31. Board of director or trustees; prohibition against compensation
No public charity shall provide compensation as defined in subsection b of section 30 of this chapter to any member of the board of directors or trustees appointed by a public charity: provided, however, that a member of the board of directors or trustees may receive reimbursement for expenses directly related to the members duties and responsibilities as a member of the board.
Section 32. Waiver Hearing
Any public charity as defined in section 30 of this chapter seeking to compensate an officer, director, trustee, or senior manager in excess of the executive compensation cap as defined in section 30 of this chapter or compensate a member of the board of directors or trustees of the public charity shall be entitled to a public hearing before a commission comprised of the secretary of the commonwealth, inspector general, and the attorney general (“commission”).
Any public charity seeking said waiver shall request a hearing in writing to the commission indicating good cause for any deviation from the limits set forth in section 30 or section 31. The commission shall commence a hearing to consider whether good cause exists to issue said waiver within six months of receipt of a written request. No waiver shall be granted unless a finding of good cause is determined by the commission following the hearing.
Any public charity seeking a waiver from the commission shall engage an independent auditor at its own expense to provide the commission with a written report at least seven days prior to the hearing.
The commission shall review and consider the independent auditor’s report at the waiver hearing. The public charity and members of the general public shall be permitted to present additional evidence in support or opposition to such a waiver subject to the discretion of the commission; all audit documents and any additional evidence submitted at a waiver hearing shall be deemed public records subject to section ten of chapter sixty-six of the general laws.
At the close of the waiver hearing, the commission shall weigh all evidence presented, the charitable purpose of the public charity, and the public interest of the commonwealth.
Any final determination as to whether a waiver shall be granted shall rest solely with the commission who shall make said determination in writing within thirty days of the waiver hearing. Such a waiver shall be granted only if deemed in the public interest of the commonwealth. If a waiver is granted, it shall be valid only for a period of five years from the date of the decision. A public charity may request a subsequent waiver hearing prior to the expiration of a valid waiver granted by the commission.
Section 33. Penalties
Any public charity found in violation of sections 30 or 31 and having failed to obtain a waiver pursuant to section 32, shall lose its status as a public charity under the laws of the commonwealth.
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An Act to add law enforcement councils to the Massachusetts TORT Claims Act
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S1068
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SD1494
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:29:54.27'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:29:54.27'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1068) of Michael O. Moore for legislation to add law enforcement councils to the definition of employer under the tort claim law. The Judiciary.
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SECTION 1. Section 1 of chapter 258 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “Authority”, in line 48, the following words:- , any Law Enforcement Council established pursuant to section 4J of chapter 40.
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An Act extending the civil statute of limitations for child abuse
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S1069
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SD1506
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:16:26.18'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:16:26.18'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1069) of Michael O. Moore for legislation to extend the civil statute of limitations for child abuse. The Judiciary.
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SECTION 1. Chapter 260 of the General Laws, as appearing it the 2020 Official Edition, is hereby amended by adding after section 4D, the following new sections:-
Section 4E. Abuse of minors
Actions of tort alleging the defendant abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age.
For purposes of this section, “abuse” shall mean the commission of any act against a minor as set forth in section 13J, 13L, 26, 44 of chapter 265 or section 28 of chapter 272.
Section 4E1/2. Negligent supervision or conduct causing or contributing to the abuse of a minor by another person
Section 4E/2. An action of tort alleging that the defendant negligently supervised a person who abused a minor or that the defendant's conduct caused or contributed to the abuse of a minor by another person shall be commenced within the later to expire of: (i) 35 years of the acts alleged to have caused an injury or condition to such minor; or (ii) 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by such act; provided, however, that the time limit for commencement of such an action under this section shall be tolled for a child until the child reaches 18 years of age. For purposes of this section, “abuse'' shall have the same meaning as in section 4E.
SECTION 2. This act shall apply regardless of when any such action or claim shall have accrued or been filed and regardless of whether it may have lapsed or otherwise been barred by time under the law of the commonwealth.
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An Act relative to cueing and supervision in the PCA program
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S107
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SD283
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:56:09.107'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:56:09.1066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:58:03.1266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T11:57:51.4633333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T11:57:03.36'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-21T14:18:04.88'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-21T12:23:22.85'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-21T12:23:14.66'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-21T12:22:08.1633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-21T10:52:35.63'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T14:17:59.35'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-23T09:33:02.3866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-23T09:33:02.3866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-23T09:33:02.3866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-23T09:33:02.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S107/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 107) of Joan B. Lovely, Sal N. DiDomenico, Michael D. Brady, Susannah M. Whipps and other members of the General Court for legislation relative to cueing and supervision in the personal care attendant program. Children, Families and Persons with Disabilities.
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Section 12 of chapter 118E of the General Laws is hereby amended in the first paragraph by inserting at the end thereof the following new sentence:-
Notwithstanding the provisions of any general or special law to the contrary, the division shall develop or amend any standards and regulations applicable to the personal care attendant program to include as eligible members those individuals who are otherwise eligible for said program, but who require supervision and cueing in order to perform two or more activities of daily living.
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An Act maintaining protective orders
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S1070
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SD1514
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:08:52.197'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:08:52.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1070/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1070) of Michael O. Moore for legislation to maintain protective orders. The Judiciary.
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Section 3 of chapter 209A, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (h) and inserting in place thereof the following subsection:-
(h) ordering the defendant to refrain from abusing or contacting the plaintiff’s child, or child in plaintiff’s care or custody, unless authorized by the court, which shall survive the death of the plaintiff until such orders are vacated by the court or until the orders expires;.
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An Act to enhance courthouse security
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S1071
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SD1517
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:03:35.46'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:03:35.46'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1071/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1071) of Michael O. Moore for legislation to enhance courthouse security. The Judiciary.
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SECTION 1. Section 10 of Chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (o) the following subsection:-
(p) Whoever, not being a law enforcement officer in the performance of his official duties, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded, in a courthouse without written authorization of the trial court administrator and trial court chief justice shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means.
Whoever, not being a law enforcement officer in the performance of his official duties, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded, in a courthouse with the intent to use said firearm during the commission of a crime shall be punished by imprisonment in the state prison nor more than five years or for not more than two and a half years in a jail or house of correction or by a fine of not more than five thousand dollars or by both imprisonment. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle, or smoothbore arm from which a shot, bullet, or pellet can be discharged by whatever means.
Notice of the provisions of subsection (p) shall be posted conspicuously at each public entrance to each courthouse.
SECTION 2. Chapter 221 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking Section 70A and replacing it with the following language:-
“Section 70A. Court officers and those authorized to act as court officers within the judicial branch may perform police duties and have police powers in or about the areas of the court to which they have been assigned or on the grounds adjacent to the court, including court parking lots, when so designated by the chief justice of the trial court, the chief justice of the supreme judicial court or the chief justice of the appeals court as appropriate. Said court officers and those authorized to act as court officer shall also have police powers when attending a court proceeding convened in a location other than the courthouse, when escorting jurors on court business, when escorting a judicial officer, or when participating in the care, custody or transport of detainees.
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An Act updating hunter harassment laws
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S1072
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SD1520
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:00:30.74'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:00:30.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1072/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1072) of Michael O. Moore for legislation to update hunter harassment laws. The Judiciary.
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SECTION 1. Chapter 131 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 5C and inserting in place thereof the following section:-
Section 5C. The citizens of the Commonwealth shall have the right to harvest fish and wildlife free from harassment subject to rules and regulations established to maintain sustainable and healthy populations of such natural resources.
(a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish and wildlife by another at any such place in the commonwealth where it is lawful to do so. It shall be a violation of this section for a person to intentionally:
(1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or
(2) block, follow, impede or otherwise harass another who is engaged in the lawful taking of fish or wildlife; or
(3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in order to hinder or prevent such taking; or
(4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; or
(5) interject himself into the line of fire; or
(6) effect the condition or placement of personal or public property intended for use in the taking of wildlife; or
(7) enter or remain upon public lands, or upon private lands without the permission of the owner or his agent, with intent to violate this section; or
(8) verbally or physically harass, threaten or other means of intimidation of an individual/s lawfully engaged in the harvest fish and wildlife;
(9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or otherwise intimidate.
A violation of this paragraph shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000 or both.
(b) Any person having caused destruction or otherwise vandalizes equipment utilized, directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or both.
(c) Any person having caused bodily injuries of another that were sustained from any type of harassment or vandalism covered under this section shall be punished by imprisonment in a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or both.
The superior court shall have jurisdiction to issue an injunction to enjoin any such conduct or conspiracy in violation of the provisions of this section. A person who sustains damage as a result of any act which is in violation of this section may bring a civil action for punitive damages in addition to the penalties established herein. Environmental protection officers and other law enforcement officers with arrest powers shall be authorized to enforce the provisions of this section.
(d) Unless authorized by the property owner it shall be unlawful to post land closed, or restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting land shall be punished by imprisonment in a jail or house of correction for not more than 1 year or a fine of not more $1,000 or both.
Any fines collected under this section shall be deposited into the Inland Fisheries and Game Fund established under section 2C of chapter 131 and may be utilized for the purposes of the Hunter Education Program.
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An Act regarding conditions of release in Superior Court
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S1073
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SD1572
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T15:23:12.57'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T15:23:12.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1073/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1073) of Michael O. Moore for legislation relative to conditions of release in Superior Court. The Judiciary.
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SECTION 1. Section 57 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word:- and.
SECTION 2. Said section 57 of chapter 276 of the General Laws, as so appearing, is hereby further amended by inserting, in line 14, after the word “him” the following words:-
; and may, if determined to be necessary, order the defendant to abide by specified restrictions on personal associations or conduct including, but not limited to, avoiding all contact with an alleged victim of the crime and any potential witness or witnesses who may testify concerning the offense, as a condition of release.
SECTION 3. Section 58B of chapter 276 of the General Laws, as so appearing, is hereby further amended by inserting, in line 2, after the figure “42A” the following figure: - , 57.
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An Act to further clear titles to real property affected by technical irregularities in recorded instruments
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S1074
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SD1581
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T09:16:08.803'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T09:16:08.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1074/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1074) of Michael O. Moore for legislation to further clear titles to real property affected by technical irregularities in recorded instruments. The Judiciary.
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SECTION 1. Chapter 184 of the General Laws is hereby amended by striking out section 24 and inserting in place thereof the following section:-
Section 24. When any owner of land or of any interest in such land, signs an instrument in writing conveying or purporting to convey his land or any interest therein, or in any manner affecting or purporting to affect his title thereto or an interest therein, and the instrument, whether or not entitled to record or registration, is recorded or registered and indexed in the registry of deeds or registered land district for the district wherein such land is situated, and a period of ten years elapses after the instrument is accepted for record or registration, and the instrument or the record or registration thereof because of defect, irregularity or omission fails to comply in any respect with any requirement of law relating (1) to seals, corporate or individual, (2) to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property as representative of or on behalf of a person, trust or entity who owns or holds such interest and is also named in the grantor clause, (3) to the form or validity of an acknowledgment or a certificate of acknowledgment, (4) to witnesses, attestation, proof, method or form of execution, or the time of execution, (5) to recitals of consideration, residence, address, or date, (6) to the authority of a person executing such an instrument on behalf of an individual under a power of attorney, (7) to the method or form by which a person acting under a power of attorney executes such an instrument on behalf of the principal, (8) to the authority of a person executing such an instrument on behalf of a trust or entity and purporting to hold the office or position of trustee, manager, partner, president, vice president, treasurer or other similar office or position, including assistant to any such office or position, or otherwise purporting to be an authorized signatory for such trust or entity, including under a power of attorney on behalf of such trust or entity, or (9) to the method or form by which such person executes such an instrument on behalf of a trust or entity, such instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be effective for all purposes to the same extent as though the instrument and the record thereof had originally not been subject to the defect, irregularity or omission, or to the form of grantor clause in which a person purports to grant, mortgage, assign, release or discharge an interest in real property in a capacity other than that in which such person actually owns or holds such interest, unless within said period of ten years a proceeding is commenced on account of the defect, irregularity or omission, and notice thereof pursuant to section 15 of this chapter is duly recorded or registered as appropriate and indexed and noted on the margin thereof under the name of the signer of the instrument, the owner or holder of the affected interest at the time of the recording or registration of the instrument and the record owner or holder of the interest at the time of the filing of such notice and, in the event of such proceeding, unless relief is thereby in due course granted.
SECTION 2. The provisions of this Act shall apply to instruments and documents recorded or registered before, on or after the effective date, except as to any such instruments or documents for which a court proceeding challenging the effectiveness or validity of any such instrument or document and the title derived therefrom has been commenced pursuant to this section as in effect prior to said effective date.
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An Act updating the Commonwealth's wiretap statutes
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S1075
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SD1869
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:02:58.473'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:02:58.4733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1075/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1075) of Michael O. Moore for legislation to update the Commonwealth's wiretap statutes. The Judiciary.
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SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last paragraph, in lines 21 to 27, inclusive, and inserting in place thereof the following 2 paragraphs:-
The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials may use modern methods of electronic surveillance, under strict judicial supervision, when investigating those specific crimes.
The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals shall be prohibited. The use of such devices by law enforcement officials shall be conducted under strict judicial supervision and shall be limited to the investigation of designated offenses as defined in clause 7 of paragraph B.
SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out paragraph 7, in lines 66 to 77, inclusive, and inserting in place thereof the following paragraph:-
7. The term “designated offense” shall include (a) the following offenses in connection with organized crime as defined in the preamble: the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: human trafficking in violation of sections 50 through 53 of chapter 265; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.
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An Act relative to the ownership of pets by convicted animal abusers
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S1076
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SD1888
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:51:12.443'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:51:12.4433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:57:22.3066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T17:05:59.5466667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-08T12:01:32.5533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T12:01:32.5533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-15T12:58:01.67'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-22T11:39:42.6033333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T11:39:42.6033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-02T15:26:16.4166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:41:44.99'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-29T11:32:15.8133333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-13T16:14:58.4133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-06-08T11:52:01.14'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-08T11:52:01.14'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-14T15:15:56.1633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-12T16:44:55.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1076/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1076) of Michael O. Moore, Jack Patrick Lewis, Patrick M. O'Connor, Brian M. Ashe and other members of the General Court for legislation relative to the ownership of pets by convicted animal abusers. The Judiciary.
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SECTION 1. 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 2. Said section 35WW of said chapter 10, as so appearing, is hereby further amended by inserting after the figure “140”, in line 9, the following words:- and include the writing of citations under section 174E of chapter 140.
SECTION 8. 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 this section or of sections 77, 80 ½, 94, or 95 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 release from custody for a first offense or less than 15 years after the person’s release from custody 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, and 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. 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 the provisions in this section, 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. The district 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. Upon receipt of a petition, the court shall schedule a hearing. 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 and 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.
SECTION 9. Section 77C of said chapter 272, as so appearing, is hereby amended by inserting after the word, “present”, in line 58, the following words:- , adopt or foster an animal,
SECTION 10. Said section 77C of said chapter 272, as so appearing, is hereby further amended by inserting after the word, “custody”, in line 63, the following words:- for a first offense or less than 15 years after the person’s second or subsequent offense.
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, and 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. Such notice to authorities shall not be a public record under clause twenty-sixth of section 7 of chapter 4 or chapter 66.
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An Act improving protections relative to domestic violence
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S1077
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SD1975
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T11:21:20.437'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T11:21:20.4366667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T09:44:20.76'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:57:09.09'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T11:57:26.8866667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T11:57:26.8866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T11:57:26.8866667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T16:21:40.07'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T16:21:40.07'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T11:41:24.0866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-28T16:33:09.1633333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:39:42.7566667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T14:24:17.21'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-22T16:42:53.2766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:42:53.2766667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:32:40.0566667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-12T13:39:22.73'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-01T14:37:58.8166667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-02T14:52:55.9066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-08T15:39:17.6066667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-30T15:53:29.1266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-06-14T14:54:27.3633333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-21T13:32:45.7066667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-12T16:43:30.2066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-07-13T17:56:00.9333333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-07-24T14:33:39.4233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-24T14:33:39.4233333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-07-24T14:33:39.4233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-08-30T13:01:56.3433333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-09-19T12:43:51.55'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1077) of Michael O. Moore, Susannah M. Whipps, Jack Patrick Lewis, Rebecca L. Rausch and other members of the General Court for legislation to improve protections relative to domestic violence. The Judiciary.
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SECTION 1. For the purposes of this section, the following words shall have the following meanings:
“Coercive control,” a pattern of conduct that has the purpose or effect of substantially restricting an individual’s safety or autonomy through intimidation, isolation, implicit or explicit threats, or by compelling compliance. Conduct undertaken by an individual to protect themselves or their children from the risk of present or future harm does not constitute coercive control. Examples of coercive control include:
(i) Isolating the other parent from friends, relatives, faith cultural, or linguistic communities, employment, education, or other supporting networks;
(ii) Repeatedly humiliating or using degrading language or behaviors towards the petitioner;
(iii) Controlling, regulating, or monitoring the individual’s activities, communications, movements, finances, economic resources, or access to resources;
(iv) Threatening to harm, abduct or kill the individual or a child or relative of the individual;
(v) Threatening to publish information or make false reports to the police or the authorities;
(vi) Damaging property or household goods; and
(vii) Forcing the individual to take part in criminal activity;
(viii) Committing or threatening to commit cruelty or abuse to animals connected to the family;
(xi) using repeated court actions not warranted by existing law or good faith argument to harass, coerce, or control the other party, diminish or exhaust the other party’s financial resources, or compromise th other party’s employment or housing;
(x) cleaning, accessing, displaying, using or wearing a firearm in an intimidating or threatening manner; and
(xi) threatening deportation or to contact federal agencies based on actual or perceived immigration status, refusing to file immigration applications, refusing to sponsor, withholding essential documents needed for immigration applications, or threatening to withdraw immigration applications filed on the other parent or child’s behalf or coercing or forcing the other parent to violate the terms of their immigration visa.
“Technological abuse”, an act or pattern of behavior intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, or extort, such as cyberstalking or other forms of electronic monitoring or surveillance, nonconsensual sharing of explicit images, or impersonation. Technological abuse can utilize any form of technology, including but not limited to Internet, social networking sites, computers, mobile devices, cellular telephones, apps, location tracking devices, instant messages, text messages, and other forms of technology.
SECTION 2. Section 1 of chapter 209A as appearing in the 2020 Official Edition, is hereby amended, by striking the definition of “abuse” and inserting in place thereof the following definition:-
“Abuse”, the occurrence of one or more of the following acts between family or household members:
(a) Attempting to cause or causing physical harm;
(b) Placing another in fear of imminent serious physical harm;
(c) Causing another to engage involuntarily in sexual relations by force, threat or duress;
(d) Coercive control
(e) Technological abuse
SECTION 3. The fourth sentence of section 63 of chapter 277, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “sections”, in line 13, the following language:- 13A, 13M,.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act establishing a bill of rights for survivors of sexual assault and related purposes
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S1078
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SD2043
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:24:26.26'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:24:26.26'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:56:49.4766667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1078) of Michael O. Moore and Jack Patrick Lewis for legislation to establish a bill of rights for survivors of sexual assault and related purposes. The Judiciary.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 258E the following chapter:-
Chapter 258F. Bill of Rights for Survivors of Sexual Assault
Section 1. Definitions
As used in this chapter, the follow words shall have the following meanings, unless the context otherwise requires:-
“Crime Laboratory”, the State Police Crime Laboratory or, for the crimes that occurred in the City of Boston, the Boston Crime Laboratory.
“Law enforcement official”, any officer of a city, town, or regional police agency, or deputy sheriff of a country, or officer of the State Police.
“Medical provider”, any qualified health care professional, hospital, other emergency medical facility, or other facility conducting a medical evidentiary or physical examination of the survivor.
“Sexual assault forensic evidence”, “SAEC Kit”, or “kit”, any forensic medical, evidentiary, or physical examination of a victim of sexual assault, as provided for in section 97B of chapter 41, including both a sexual assault evidence collection kit and, when circumstances indicate the need, a toxicology kit.
“Sexual assault counselor”, as defined in section 20J of chapter 233.
“Sexual assault survivor”, “survivor”, any natural person who identifies as a victim of the crimes of rape, assault with intent to rape, or indecent assault and battery under sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, inclusive, of chapter 265, or the family member of such person if the victim is younger than 16 years of age, incompetent, or deceased, provided that in no instance does this include a family member identified by the victim as the perpetrator.
Section 2. Attachment and duration of rights
The rights provided to survivors in this chapter attach when a survivor seeks a medical evidentiary or physical examination, as provided in section 97B of chapter 41; and whenever a survivor is subject to an interview by a law enforcement official, prosecutor, or defense attorney. A survivor is under no obligation to report the crime to a law enforcement official or participate in a criminal prosecution of the assailant, and retains all the rights of this chapter regardless of whether a criminal report is made or made and at any point not pursued. A survivor of sexual assault is under no obligation to seek medical attention or have administered a rape kit, and retains all the rights of this chapter regardless of whether the survivor receives a medical examination or administration of a SAEC kit.
Section 3. Right to a sexual assault counselor and a support person
(a) A survivor has the right to consult with a sexual assault counselor during any medical evidentiary or physical examination, as well as the right to have a support person of the survivor’s choosing present; and during any interview by a law enforcement official, prosecutor, or defense attorney. A survivor retains this right even if the survivor has waived the right in a previous examination or interview.
(b) As codified in section 20J of chapter 233, communications between a survivor and a sexual assault counselor are confidential and privileged, including information disclosed in the presence of any third persons during a medical evidentiary or physical examination or during any interview by a law enforcement official, prosecutor, or defense attorney. The presence of a sexual assault counselor does not operate to defeat any existing privilege otherwise guaranteed by law.
(c) A survivor’s waiver of the right to a sexual assault counselor is privileged.
(d) Notwithstanding any waiver of privilege, a survivor’s communications with a sexual assault counselor, or waiver of the right to a sexual assault counselor, shall not be admissible into evidence for any purpose except with the consent of the survivor.
Section 4. Collection of sexual assault forensic evidence
(a) No costs incurred by a medical provider for the medical evidentiary examination portion of the examination of a survivor shall be charged directly or indirectly to the survivor.
(b) If the survivor of sexual assault is capable of becoming pregnant, whoever administers a SAEC kit must inform the survivor of their right to receive emergency contraception immediately at no cost to them. If a survivor elects to receive emergency contraception, the administering party must, within four hours of administering the kit, provide contraception at no cost or facilitate the provision of contraception at no cost.
(c) Before a medical provider commences a medical evidentiary or physical examination of a survivor, the medical provider shall inform the survivor of the following:
(i) the survivor’s rights pursuant to this act and other relevant law in a document to be developed by the Massachusetts Office of Victim Assistance, which shall be signed by the survivor of sexual assault to confirm receipt;
(ii) the survivor’s right to consult with a sexual assault counselor, to be summoned by the medical provider before the commencement of the medical evidentiary or physical examination, and to have present at least one support person of the survivor’s choosing;
(iii) if a sexual assault counselor and/or support person cannot be summoned in a timely manner, the ramifications of delaying the medical evidentiary or physical examination; and
(iv) after the medical evidentiary or physical examination, the survivor’s right to shower at no cost, unless showering facilities are not available.
Section 5. Interview with a law enforcement official, prosecutor, or defense attorney
(a) Before commencing an interview of a survivor, a law enforcement official, prosecutor, or defense attorney shall inform the survivor of the following:
(i) the survivor’s rights pursuant to this act and other relevant law by providing the survivor with a document to be developed by the Massachusetts Office of Victim Assistance, which document shall be signed by the survivor of sexual assault to confirm receipt;
(ii) the survivor’s right to consult with a sexual assault counselor during any interview by a law enforcement official, prosecutor, or defense attorney, to be summoned by the interviewer before the commencement of the interview, unless no sexual assault counselor can be summoned in a reasonably timely manner;
(iii) the survivor’s right to have a support person of the survivor’s choosing present during any interview by a law enforcement official, prosecutor, or defense attorney, unless the law enforcement official, prosecutor, or defense attorney determines in his or her good faith professional judgment that the presence of that individual would be detrimental to the purpose of the interview; and
(iv) for interviews by a law enforcement official, the survivor’s right to be interviewed by a law enforcement official of the gender of the survivor’s choosing. If no law enforcement official of that gender is reasonably available, the survivor may be interviewed by an available law enforcement official only upon the survivor’s consent.
(b) A law enforcement official, prosecutor, or defense attorney shall not, for any reason, discourage a survivor from receiving a medical evidentiary or physical examination.
Section 6. Right to counsel
A survivor retains the right to have counsel present during all stages of any medical examination, interview, investigation, or other interaction with representatives from the legal or criminal justice systems within the state as delineated in Section 4 and Section 5 of this bill. Treatment of the survivor should not be affected or altered in any way as a result of the survivor’s decision to exercise this right to have counsel present during any interaction with the legal or criminal justice systems within the state.
Section 7. Analysis of sexual assault forensic evidence
(a) A survivor has the right to prompt analysis of sexual assault forensic evidence.
(i) A medical provider shall, upon conducting a medical evidentiary examination to collect sexual assault forensic evidence, inform the survivor that:
(A) the sexual assault forensic evidence shall be transported to the crime laboratory and analyzed within 90 days, unless the survivor requests in writing at any time prior to analysis for the crime laboratory to defer analysis of the sexual assault forensic evidence;
(B) the crime laboratory shall retain the sexual assault forensic evidence for a minimum of 15 years before it is destroyed, or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred; and
(C) if the survivor has requested deferred analysis, as described in subsection (A), the survivor can request the crime laboratory to analyze the sexual assault forensic evidence at any later date before the expiration of the retention period defined in subsection (B).
(ii) A medical provider who administers the SAEC Kit shall, within four hours of its administration, notify the law enforcement agency with jurisdiction under section 98 of chapter 41 over the location of the alleged assault.
(iii) A law enforcement agency that receives notice under subsection (2) shall take possession of the sexual assault forensic evidence from the medical provider within 24 hours of receiving notification. Upon taking such possession, the law enforcement agency shall:
(A) Submit it to the crime laboratory with all due speed upon receipt, but no later than 5 days; and assign a criminal complaint number to that evidence after receiving that notice; or,
(B) If the law enforcement agency determines that it does not have jurisdiction over the alleged assault, it shall notify the law enforcement agency having proper jurisdiction of that fact within with all due speed, but no later than 5 days after taking possession of the sexual assault forensic evidence. After receiving such notice, the law enforcement agency having proper jurisdiction shall take possession of the sexual assault forensic evidence and submit it to the crime laboratory with all due speed, but no later than 5 days upon receipt.
(iv) Any law enforcement agency that submits sexual assault forensic evidence to a crime laboratory shall, immediately following such submission, notify the survivor of the name, address, and telephone number of the crime laboratory. The law enforcement agency shall also notify the survivor of the information listed in subsection (1)(A) – (C) of this section.
(v) A crime laboratory that receives sexual assault forensic evidence shall analyze that evidence and upload any available DNA profiles into CODIS, as provided under as provided under section 97B1/2 of chapter 41, within 90 days of receipt of that evidence, unless the survivor has requested in writing for the crime laboratory to defer analysis of that evidence.
(vi) The failure of a law enforcement agency to take possession of any sexual assault forensic evidence as provided in this act or to submit that evidence for analysis within the time prescribed under this act does not alter the authority of a law enforcement agency to take possession of that evidence or to submit that evidence to the crime laboratory, and does not alter the authority of the crime laboratory to accept and analyze the evidence or to upload the DNA profile obtained from that evidence into CODIS. The failure to comply with the requirements of this act does not constitute grounds in any criminal or civil proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall not be excluded by a court on those grounds.
(b) A crime laboratory shall retain all sexual assault forensic evidence for a minimum of 15 years; or until the alleged survivor reaches 40 years of age, if the survivor was a minor when the alleged assault occurred.
(c) A survivor has the right to be informed, upon the survivor’s request, of the results of the analysis of the survivor’s sexual assault forensic evidence, whether the analysis yielded a DNA profile, and whether the analysis yielded a DNA match, either to the named perpetrator or to a suspect already in CODIS. The survivor has the right to receive this information through a secure and confidential message in writing from the Crime Laboratory. This message must include the telephone number of the Crime Laboratory so that the survivor can call regarding the results.
(d) A defendant or person accused or convicted of a crime against a survivor shall have no standing to object to any failure to comply with this section, and the failure to provide a right or notice to a survivor under this section may not be used by a defendant to seek to have the conviction or sentence set aside.
(e) A survivor of sexual assault has the right not to have the results of the rape kit used to prosecute the victim. No sexual assault forensic evidence shall be used:
(1) to prosecute a survivor for any misdemeanor crimes or any crime defined under the Controlled Substances Act, chapter 94C; or
(2) as a basis to search for further evidence of any unrelated misdemeanor crimes or any crime under Controlled Substances Act, chapter 94C, that may have been committed by the survivor.
Section 8. Notice to survivors
(a) Upon initial interaction with a survivor, a law enforcement officer or medical provider shall provide the survivor with a document to be developed by the Massachusetts Office of Victim Assistance that explains the rights of survivors, pursuant to this act and other relevant law, in clear language that is comprehensible to a person proficient in English at the fifth grade level, accessible to persons with visual disabilities, and available in all major languages of the state. This document shall include, but is not limited to:
(i) a clear statement that a survivor is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain the rights provided by this chapter and other relevant law;
(ii) telephone and internet means of contacting nearby rape crisis centers and sexual assault counselors;
(iii) forms of law enforcement protection available to the survivor, including temporary protection orders, and the process to obtain such protection;
(iv) instructions for requesting the results of the analysis of the survivor’s sexual assault forensic evidence; and
(v) state and federal compensation funds for medical and other costs associated with the sexual assault; and information on any municipal, state, or federal right to restitution for survivors in the event of a criminal trial.
(b) A law enforcement official shall, upon written request by a survivor, furnish [within [x] business days of receiving such request] a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency.
(c) A prosecutor shall, upon written request by a survivor, provide
(i) timely notice of any pretrial disposition of the case;
(ii) timely notice of the final disposition of the case, including the conviction, sentence, and place and time of incarceration;
(iii) timely notice of a convicted defendant’s location, including whenever the defendant receives a temporary, provisional, or final release from custody; escapes from custody; is moved from a secure facility to a less-secure facility; or re-enters custody; and
(iv) a convicted defendant’s information on a sex offender registry, if any.
Section 9. Creation of the Rights of Victims of Sexual Assault Task Force
(a) There is hereby established a Rights of Victims of Sexual Assault Task Force, whose members shall serve without compensation. Notwithstanding any provision of section 6 of chapter 268A to the contrary, the task force shall be selected, unless otherwise indicated, and staffed by the Massachusetts Office of Victim Assistance (“MOVA”) and shall consist of:
(i) the Executive Director of MOVA or their designee;
(ii) a survivor who is a citizen or lawful resident of Massachusetts;
(iii) two representatives of rape crisis centers, as defined by section 20J of chapter 233;
(iv) the Superintendent of the Massachusetts State Police or his designee;
(v) a law enforcement official working for a city or town police department;
(vi) two representatives of Massachusetts-based colleges or universities whose occupational duties include the provision of direct services to survivors of sexual assault and whose employers are not under investigation by the Department of Education for alleged violations of the federal Clery Act or Title IX of the United States Education Amendment Act of 1972;
(vii) two representatives of organizations that provide services, education, or outreach to communities of color or immigrant;
(viii) a representative of an organization that provides services, education, or outreach to lesbian, gay, bisexual, and transgender individuals;
(ix) a certified sexual assault nurse examiner;
(x) a representative of the Crime Laboratory;
(xi) other individuals or representatives selected by MOVA, with the total task force not to exceed 15 members.
(b) The Task Force shall study nationally recognized best practices and make recommendations regarding:
(i) the development and implementation of an effective mechanism for submitting, tracking, and investigating complaints regarding the handling of, or response to, a sexual assault report or investigation by any agency or organization involved in the response;
(ii) whether a need exists for additional sexual assault counselors for survivors of sexual assault, and if such a need does exist, the Task Force shall:
(A) develop criteria to certify sexual assault counselors;
(B) create a plan for how the Commonwealth can provide, in conjunction with rape crisis centers, victims’ advocates organizations, and MOVA’s existing SAFEPLAN program, additional sexual assault counselors to meet the needs identified; and
(C) determine the cost of funding such a plan;
(iii) whether a need exists to expand the right to a sexual assault counselor beyond the medical examination and law enforcement interview settings, and if such a need does exist, the Task Force shall:
(A) identify the scope and nature of the need; and
(B) make recommendations on how best to fill that need, whether legislatively or otherwise; and
(iv) whether a need exists to provide for ongoing evaluation of the implementation of these rights, and if such a need does exist, the Task Force shall:
(A) identify the scope and nature of the need; and
(B) make recommendations on how best to fill that need, whether legislatively or otherwise; and
(v) whether there is an ongoing need to maintain the Task Force after it issues its final report, pursuant to subsection (e) of this section.
(c) In fulfilling its requirements under subsection (b) of this chapter, the Task Force shall collect data regarding sexual assault reporting, arrest, prosecution rates, access to sexual assault victims services, and any other data important for its deliberations and recommendations. If such data does not exist, then the Task Force shall encourage its creation and maintenance by MOVA.
(d) In fulfilling its requirements under subsection (b) of this chapter, the Task Force shall collect feedback from stakeholders, practitioners, and leadership throughout the state and local law enforcement, victim services, forensic science practitioners, and health care communities to inform development of future best practices or clinical guidelines regarding the care and treatment of survivors.
(e) No later than 18 months after passage of this Act, the Task Force shall produce a report that includes the result of the assessments, developments, and recommendations completed pursuant to subsections (b), (c), and (d) of this section. This Task Force shall transmit the report to the legislature, the Governor, the Attorney General, the Superintendent of the Massachusetts State Police, and victims’ advocates organizations and rape crisis centers.
(f) This Task Force shall be reconvened on an ongoing basis every 5 years in perpetuity, or until it is determined that all rights contained within this bill have been effectively implemented to ensure the rights of all survivors in Massachusetts. A determination of effective implementation of the rights contained in this act such that the Task Force is no longer needed shall only be made by a majority vote of the current members of the Task Force at the completion of their duties as delineated in subsections (b), (c), and (d) of this section.
(g) In undertaking its duties, the Task Force shall be empowered to retain independent experts who may:
(1) request files and records from any law enforcement official, but all such information shall be kept strictly confidential and reported on only as aggregated or anonymized;
(2) conduct confidential interviews with law enforcement officials, medical providers, sexual assault counselors, and others with direct knowledge of the sexual assault response process; and
(3) within the bounds of confidentiality, provide advice and recommendations to the Task Force.
SECTION 2. Section 20J of chapter 233 is hereby amended by inserting after the definition of “Sexual Assault Counselor” the following definitions:-
“Victim’s rights organization”, an organization or association that works to support survivors of sexual assault and is certified as such by the Massachusetts Office of Victim Assistance, which shall develop criteria for certifying victim’s rights organizations and maintain a public listing of victim’s rights organizations.
“Victim’s Advocate”, a person who is a psychologist, social worker, employee, or volunteer with a victim’s rights organizations and who has been certified as a victim’s advocate by the Massachusetts Office of Victim Assistance, which shall develop criteria for training, certifying, and maintaining certification of victim’s advocates and maintain a public listing of victim’s advocates.
SECTION 3. Said section 20J of chapter 233, as so appearing, is further amended by striking the definition of “Confidential communication” and inserting in place thereof the following:-
“Confidential communication”, information transmitted in confidence by and between a survivor of sexual assault and a sexual assault counselor or by and between a survivor of sexual assault and a victim’s advocate by a means that does not disclose the information to a person other than a person present for the benefit of the survivor, or to those to whom disclosure of such information is reasonably necessary to the counselor and assisting of such survivor. The term includes all information received by the sexual assault counselor or victim’s advocate that arises out of and in the course of such counseling or advocating, including, but not limited to reports, records, working papers, or memoranda.
SECTION 4. Said section 20J of chapter 233, as so appearing, is further amended in lines 26 through 31 striking the sixth paragraph and inserting in place thereof the following paragraph:-
Sexual assault counselors and victim’s advocates shall not disclose such confidential communication without the prior written consent of the survivor; provided, however, that nothing in this chapter shall be construed to limit the defendant’s right of cross-examination of such counselor in a civil or criminal proceeding if such counselor testifies with such written consent. No existing forms of privilege under Massachusetts law are waived by the presence of a victim’s advocate or sexual assault counselor or by communications with the victim’s advocate, sexual assault counselor, or victim’s rights organization. This extends to all records kept thereby.
SECTION 5. Sections 1 and 2 shall take effect upon their passage.
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An Act relative to controlling and abusive litigation
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S1079
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SD2054
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:31:28.867'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:31:28.8666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T12:01:09.46'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:01:09.46'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T16:21:27.34'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T16:21:27.34'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T11:41:12.9'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-28T16:32:59.9266667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:39:35.12'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-21T17:29:28.0033333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:32:20.25'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-08T15:39:27.53'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-30T15:53:20.9233333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-21T13:33:01.81'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T16:31:30.4633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-12T16:43:19.9866667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-07-13T17:55:44.2'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-24T14:33:59.8466667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-26T12:38:17.29'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-08-30T13:01:49.8066667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-09-19T12:43:43.8533333'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1079) of Michael O. Moore, Jason M. Lewis, James K. Hawkins, Walter F. Timilty and other members of the General Court for legislation relative to controlling and abusive litigation. The Judiciary.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 209D the following chapter:-
Chapter 209E.
CONTROLLING AND ABUSIVE LITIGATION PREVENTION
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Abuse”, as defined in section 1 of chapter 209A.
"Controlling and abusive litigation", litigation where the following apply:
(a)(i) The opposing parties have a current or former family or household member relationship;
(ii) The party who is filing, initiating, advancing or continuing the litigation has been found by a court to have committed abuse against the other party pursuant to an order entered under chapters 208, 209, 209A, 209C or 258E, or who is found after a hearing in the instant case, to have committed abuse or harassment against the other party that may have warranted the issue of an order under said chapters; and
(iii) The litigation is being initiated, advanced or continued primarily for the purpose of abusing, harassing, intimidating, threatening or maintaining contact with the other party; and
(b) At least 1 of the following factors apply:
(i) Claims, allegations or other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification or reversal of existing law, or the establishment of new law;
(ii) Allegations and other factual contentions made in the litigation are without the existence of evidentiary support; or
(iii) An issue or issues that are the basis of the litigation have previously been filed in 1 or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing or continuing the litigation.
"Family or household members", as defined section 1 of chapter 209A
“Harassment”, as defined in section 1 of chapter 258E.
"Litigation", any kind of legal action or proceeding including, but not limited to:
(i) filing a summons, complaint, demand or petition;
(ii) serving a summons, complaint, demand or petition, regardless of whether it has been filed;
(iii) filing a motion, notice of court date, note for motion docket or order to appear;
(iv) serving a motion, notice of court date or order to appear, regardless of whether it has been filed or scheduled;
(v) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition or other discovery request; or
(vi) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition or other discovery request.
"Perpetrator of controlling and abusive litigation", a person who files, initiates, advances or continues litigation in violation of an order restricting controlling and abusive litigation.
Section 2. (a) A party to a case may request from the court an order restricting controlling and abusive litigation if the parties are current or former family or household members and one party has been found by the court to have committed abuse or harassment against the other party. The request may be made in any form, including, but not limited to:
(1) in any answer or response to the litigation being filed, initiated, advanced or continued;
(2) by motion made at any time during any open or ongoing case;
(3) in an answer or response to any motion or request for an order; or
(4) orally in any hearing.
(b) Any court of competent jurisdiction may, on its own motion, determine that a hearing pursuant to section 3 is necessary to determine if a party is engaging in controlling and abusive litigation.
(c) The chief justice of the trial court shall create forms for the motion for order restricting controlling and abusive litigation and order restricting controlling and abusive litigation.
(d) No filing fee shall be charged to the unrestricted party for proceedings pursuant to this section regardless of whether it is filed pursuant to this chapter.
(e) The provisions of this section are nonexclusive and shall not affect any other remedy available.
Section 3. (a) If a party asserts that they are being subjected to controlling and abusive litigation, the court shall attempt to verify:
(1) that the parties are or previously were family or household members; and
(2) that the party raising the claim of controlling and abusive litigation has been found to be a victim of abuse or harassment by the other party or finds, after a hearing in the instant case, that said party has been a victim of abuse or harassment. If the court verifies that both elements are true or is unable to verify that they are not true, the court shall set a hearing to determine whether the litigation meets the definition of controlling and abusive litigation.
(b) At the time set for the hearing on the alleged controlling and abusive litigation, the court shall hear all relevant testimony and may require any affidavits, documentary evidence or other records the court deems necessary.
Section 4. (a) Evidence of any of the following presented at a hearing conducted pursuant to section 3 shall create a rebuttable presumption that litigation is being initiated, advanced or continued primarily for the purpose of harassing, intimidating or maintaining contact with the other party.
(1) The same or substantially similar issues between the same or substantially similar parties have been litigated within the past 5 years in the same court or any other court of competent jurisdiction;
(2) The same or substantially similar issues between the same or substantially similar parties have been raised, pled or alleged in the past 5 years and were dismissed on the merits or with prejudice;
(3) Within the last 10 years, the party allegedly engaging in controlling and abusive litigation has been sanctioned in 1 or more cases, petitions, motions or other filings that were found to have constituted controlling and abusive litigation, been found not to be supported by good grounds, interposed for the delay or found to be frivolous or brought in bad faith involving the same opposing party; or
(4) A court of record in another judicial district has determined that the party allegedly engaging in controlling and abusive litigation has previously engaged in controlling and abusive litigation or similar conduct and has been subject to a court order imposing prefiling restrictions.
Section 5. (a) If the court finds by a preponderance of the evidence that a party is engaging in controlling and abusive litigation and that any or all of the motions or actions pending before the court are controlling and abusive litigation, the litigation shall be dismissed, denied, stricken or resolved by other disposition with prejudice.
(b) In addition to dismissal or denial of any pending controlling and abusive litigation within the jurisdiction of the court, the court shall enter an order restricting controlling and abusive litigation. The order shall:
(1) impose all costs of any controlling and abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the party advancing the controlling and abusive litigation, including, but not limited to, court costs, lost wages, transportation costs and costs of child care related to said civil action including trips to court to review files, files pleadings and appear for any type of hearing;
(2) award the other party reasonable attorneys' fees and costs of responding to the controlling and abusive litigation including the cost of seeking the order restricting controlling and abusive litigation; and
(3) identify the party protected by the order and impose prefiling restrictions upon the party found to have engaged in controlling and abusive litigation for a period of not less than 48 months nor more than 72 months.
(c) If the court finds by a preponderance of the evidence that the litigation does not constitute controlling and abusive litigation, the court shall enter written findings and the litigation shall proceed. Nothing in this section or chapter shall be construed as limiting the court's inherent authority to control the proceedings and litigants before it.
(d) The provisions of this section are nonexclusive and shall not affect any other remedy available to the person who is protected by the order restricting controlling and abusive litigation or to the court.
Section 7. (a) Except as provided for in this section, a person who is subject to an order restricting controlling and abusive litigation is prohibited from filing, initiating, advancing or continuing any litigation against the protected party for the period of time filing restrictions are in effect.
(b) A person who is subject to an order restricting controlling and abusive litigation and against whom prefiling restrictions have been imposed pursuant to section 5 who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing restrictions shall first appear before the judge who imposed the prefiling restrictions or in front of any person designated by the judge to act in this capacity to make application for permission to institute the civil action.
(c)(1) The judge or a designee may examine witnesses, court records and any other available evidence to determine if the proposed litigation is controlling and abusive litigation or if there are reasonable and legitimate grounds upon which the litigation is based.
(2) If, based on reviewing the records as well as any evidence from the person who is subject to the order, the judge or designee determines the proposed litigation is controlling and abusive litigation, it shall not be necessary for the person protected by the order to appear or participate in the proposed litigation in any way. If the judge or designee is unable to determine whether the proposed litigation is controlling and abusive without hearing from the person protected by the order, then the court shall issue an order scheduling a hearing and notifying the protected party of the party's right to appear and/or participate in the hearing. The order shall specify whether the protected party is expected to submit a written response. When possible, the protected party shall be permitted to appear virtually and provided with instructions for how to appear virtually.
(d)(1) If the judge or designee believes the litigation that the party who is subject to the order restricting controlling and abusive litigation is making application to file will constitute controlling and abusive litigation, the application shall be denied, dismissed or otherwise disposed with prejudice.
(2) If the judge reasonably believes that the litigation the party who is subject to the order restricting controlling and abusive litigation is making application to file will not be controlling and abusive litigation, the judge or designee may grant the application and issue an order permitting the filing of the case, motion or pleading. The party who is protected by the order shall be served with a copy of the order at the same time as the underlying pleading.
(e) The findings of the judge or designee shall be in writing and made a part of the record in the matter. If the party who is subject to the order restricting controlling and abusive litigation disputes the finding of a designee, the party may seek review by the judge. If the party disputes the finding of the judge, the party may seek review of the decision as provided by the applicable court rules.
(f) If the application for the filing of a pleading is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of any applicable period of limitations within which the matter must be instituted.
(g) If, after a party who is subject to an order restricting controlling and abusive litigation and prefiling restrictions has made application and been granted permission to file or advance a case pursuant to this section, any judge hearing or presiding over the case, or any part thereof, determines that the person is attempting to add parties, amend the complaint or is otherwise attempting to alter the parties and issues involved in the litigation in a manner that the judge reasonably believes would constitute controlling and abusive litigation, the judge shall stay the proceedings and refer the case back to the judge or designee who granted the application to file, for further disposition.
(h)(1) If a party who is protected by an order restricting controlling and abusive litigation is served with a pleading filed by the person who is subject to the order restricting controlling and abusive litigation, and the pleading does not have an attached order allowing the pleading, the protected party may respond to the case by filing a copy of the order restricting controlling and abusive litigation.
(2) If it is brought to the attention of the court that a person subject to an order restricting controlling and abusive litigation and against whom prefiling restrictions have been imposed has filed a new case or is continuing an existing case without having been granted permission pursuant to this section, the court shall dismiss, deny or otherwise dispose of the matter. The court make take this action on its own motion or initiative. The court may take whatever action against the perpetrator of controlling and abusive litigation deemed necessary and appropriate for a violation of the order restricting controlling and abusive litigation.
(3) If a party who is protected by an order restricting controlling and abusive litigation is served with a pleading filed by the person who is subject to the order restricting controlling and abusive litigation, and the pleading does not have an attached order allowing the pleading, the protected party is under no obligation or duty to respond to the summons, complaint, petition, motion, answer interrogatories, appear for depositions or any other responsive action required by rule or statute in a civil action.
(i) If the judge or designee who imposed the prefiling restrictions is no longer serving in the same capacity in the same judicial district where the restrictions were placed, or is otherwise unavailable for any reason, any other judicial officer in that judicial district may perform the review required and permitted by this section.
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An Act establishing guardians as providers of medical care to support the rights of incapacitated persons
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S108
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SD698
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:17:48.677'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T18:17:48.6766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T11:58:05.4033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S108/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 108) of Joan B. Lovely and Vanna Howard for legislation to establish guardians as providers of medical care to support the rights of incapacitated persons. Children, Families and Persons with Disabilities.
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SECTION 1. Section 8 of chapter 118E of the General Laws is hereby amended by striking out paragraph (f) and inserting in place thereof the following paragraph:-
“Provider", includes any institution, agency, individual or other legal entity (i) qualified under the laws of the commonwealth to perform the medical care or services for which medical assistance and medical benefits are available under this chapter or (ii) that is duly appointed (or recognized, if appointed elsewhere) under the laws of the commonwealth as guardian of a member who is eligible for medical assistance under this chapter while engaged in activities that are reasonably related to consenting or gaining access to medical care or services for the member. Provided, however, that no person who is a spouse, parent, grandparent, child, grandchild or sibling ofthe member (hereinafter, an “immediate family relationship”) shall be included in the definition of Provider herein.
SECTION 2. Section 13C of chapter 118E of the General Laws is hereby amended by striking out the second paragraph and inserting in its place the following paragraph:-
The secretary of the executive office shall establish rates of payment for social service programs which are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated social service program providers in providing social service programs in conformity with federal and state law, regulations and quality and safety standards; provided, that the secretary may designate another governmental unit to perform such ratemaking functions. When establishing rates of payment for social service programs and guardians, the secretary of the executive office shall adjust rates to take into account factors, including, but not limited to: (i) the reasonable cost to social service program providers or guardians of any existing or new governmental mandate that has been enacted, promulgated or imposed by any branch of government, governmental unit or federal governmental authority; (ii) rates customarily charged by professional guardians in the region of the commonwealth; (iii) a cost adjustment factor to reflect changes in reasonable costs of goods and services of social service programs including those attributed to inflation; and (iv) geographic differences in wages, benefits, housing and real estate costs in each metropolitan statistical area of the commonwealth and in any city or town therein where such costs are substantially higher than the average cost within that area as a whole. The secretary of the executive office shall not consider any of the resources specified in section 13G when establishing, reviewing or approving rate of payment for social service programs.
SECTION 3. Section 13D of chapter 118E of the General Laws is hereby amended by inserting the following paragraph after the seventh paragraph:
In establishing rates for medically-related services for which a guardian is considered a “Provider” under section 8 of this chapter, the secretary of the executive office shall determine hourly or fee-for-service rates for professional guardians by considering the rates customarily charged by professional guardians in the region of the commonwealth.
SECTION 4. Section 35 of chapter 118E of the General Law is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-
No claim for medical care or services provided for under this chapter shall be reimbursed if any health insurance company, non-profit hospital service corporation, medical service corporation, or other health insurer is liable for such claim under the terms of a group or individual policy providing coverage for such claim to a person eligible for assistance under this chapter; in the case of a guardian, no claim for care or services shall be reimbursed if any department of the state or federal judiciary is liable for such claim. The division shall establish procedures to ensure that no such unauthorized claims are paid, including the soliciting of information regarding alternative health coverage from all applicants and recipients.
SECTION 5. Said section 36 of chapter 118E of the General Law is hereby further amended by inserting after paragraph (5) the following paragraph:-
A claim submitted by a guardian that is paid for under this chapter shall be disclosed to the court that has appointed the guardian as part of the guardian’s annual report to the court; provided, however, that prior or subsequent judicial approval shall not be a condition or required as evidence of entitlement for reimbursement of any claim by a guardian that is submitted for services provided for under this chapter.
SECTION 6. Section 36 of chapter 118E of the General Laws is hereby amended by striking paragraph (1) and inserting in place thereof the following paragraph:
(1) indicate their intention to the division to so participate; provided that renewal of such indication of intention by a guardian shall not be required more often than once every 12 months;
SECTION 7. Section 36 of chapter 118E of the General Law is hereby amended by striking paragraph (2) and inserting in place thereof the following paragraph:-
(2) present evidence, satisfactory to the division, of their qualifications to provide such services. For guardians, satisfactory evidence of qualification shall consist of (i) a certificate of appointment dated within one year of the request for payment and a sworn statement of its validity on the dates of service; and (ii) affidavit of no immediate family relationship with the member.
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An Act increasing penalties for hit and runs with recreational vehicles in the Commonwealth to be known as the James Ward Act
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S1080
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SD1685
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:49:34.213'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:49:34.2133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-16T14:00:45.0033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1080/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1080) of Susan L. Moran and Susan Williams Gifford for legislation to increase penalties for hit and runs with recreational vehicles in the Commonwealth to be known as the James Ward Act. The Judiciary.
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SECTION 1. Section 26B of chapter 90B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 17 and 18, the words “shall be punished by a fine of not less than $500 nor more than $1,000” and inserting in place thereof the following words:- person, not resulting in the death of another person, shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not less than $500 nor more than $1,000, or by both such fine and imprisonment.
SECTION 2. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by inserting, after subsection (c), the following subsection:-
(d) Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, address and the registration number of his snow vehicle or recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing bodily injury to another person shall, if the injuries result in the death of another person, be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than $5,000 or by both such fine and imprisonment.
SECTION 3. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by striking out, in line 19, the word “(d)” and inserting in place thereof the following word:- (e).
SECTION 4. Said section 26B of said chapter 90B, as so appearing, is hereby further amended by striking out, in line 29, the word “(e)” and inserting in place thereof the following word:- (f).
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An Act improving access to fentanyl test strips and other drug checking equipment
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S1081
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SD1715
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T18:35:48.773'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T18:35:48.7733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-06T19:02:31.4166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1081/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1081) of Susan L. Moran and Joanne M. Comerford for legislation to improve access to fentanyl test strips and other drug checking equipment. The Judiciary.
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SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “Formulary”, in line 94, the following words:- , official Veterinary Medicine Compendium.
SECTION 2. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting, in line 102, the following 3 definitions:-
“Drug checking”, the process of identifying, analyzing, or detecting the composition of a drug or the presence or composition of an unexpected substance within the drug.
“Drug checking equipment”, all equipment, products or materials used, designed for use or intended for use to perform drug checking, including, but not limited to, fentanyl test strips, other immunoassay drug testing strips, colorimetric reagents, spectrometers, equipment that uses high-performance liquid chromatography, gas chromatography, mass spectrometry and nuclear magnetic resonance techniques and other materials and items used by persons operating the equipment or products to store, measure, or process samples for analysis. Drug checking equipment does not include the substances being analyzed, drug packaging or drug supplies.
“Drug packaging”, the materials or items used by persons selling, buying or ingesting drugs to store, contain, cover, or transport small amounts of one or more controlled substances or controlled substance analogues. Drug packaging includes, but is not limited to, plastic bags, plastic wraps, foil wraps, plastic vials, glass vials and wax paper bindles.
SECTION 3. Section 1 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking from the definition of “Drug paraphernalia”, the words:- “, testing, analyzing” and “ containing,”.
SECTION 4. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out clause (4), in lines 121 to 123, inclusive.
SECTION 5. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting after the word “item”, the second time it appears, in line 188, the following sentence:- . Notwithstanding the definition above, drug paraphernalia does not include drug checking equipment.
SECTION 6. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting, in line 188, the following definition:-
“Drug supplies”, hypodermic needles, syringes, preparation containers, cotton, filters, alcohol wipes, water, saline, tourniquets, disposal containers, wound care items, pipes, bubbles, snorting straws, pipe covers and other items used in the consumption of drugs.
SECTION 7. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting, in line 203, the following definition:-
“Eligible activities”, purchasing, obtaining, providing, transporting, distributing, using, or evaluating the use of drug checking equipment; training, both initial and ongoing, about drug checking equipment, the process of drug checking, and the purpose of drug checking; technical assistance concerning drug checking equipment, the process of drug checking, and the purpose of drug checking; and data collection and reporting as described in Section 50.
SECTION 8. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting, in line 203, the following definition:-
“Harm reduction”, a program, service, support or resource that attempts to reduce the adverse consequences of substance use among people who use substances. Harm reduction addresses conditions that give rise to substance use, as well as the substance use itself, and may include, but is not limited to, drug checking, syringe service programs, naloxone distribution, and education about Good Samaritan laws.
SECTION 9. Said section 1 of chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting, in line 267, the following definition:-
“Nominal amount”, not more than 10 milligrams of a substance containing or suspected to contain one or more controlled substances or controlled substance analogues.
SECTION 10. Chapter 94C of the General Laws is hereby amended by inserting after section 49 the following section:-
Section 50. (a) For the purposes of this section, “person” shall mean any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision or any other legal, commercial or informal entity or group.
(b) Notwithstanding any other law or regulation to the contrary, any person may:
(1) Obtain, possess, purchase, sell, provide, transport, distribute, use or request another person to use drug checking equipment;
(2) Possess, transport, deliver or provide drug supplies, drug packaging or a nominal amount of one or more controlled substances or controlled substance analogues for, or during, analysis by drug checking equipment; or
(3) Possess, provide or communicate the results of the drug checking analysis in paper, electronic or verbal form.
(c) The department, in consultation with the bureau of substance use addiction services, shall promulgate regulations for the administration of this section, including but not limited to regulations that identify (1) how a person may carry out any of the actions under this section; (2) potential funding sources for a person seeking to obtain, possess, purchase, sell, provide, transport, distribute, use or request another person to use drug checking equipment; and (3) a process by which a person can obtain additional resources to learn about drug checking.
(d) Any person may use state funds, including, but not limited to, funds in the Opioid Recovery and Remediation Trust Fund, for eligible activities.
(e) No person may prohibit another person from using federal funds for eligible activities, so long as the use of the federal funds is consistent with federal law and any rules governing use of the funds.
(f) No person may be arrested; charged; prosecuted; subject to revocation of probation, parole, or pre-trial release; subject to civil, disciplinary, or administrative action; subject to the loss of one or more dependents; subject to the loss of housing; or penalized in any other way for any actions authorized by this Act.
(g) The fact that a person engages in any action authorized under this section may not:
(1) Serve as the basis, in whole or in part, for a determination by a law enforcement officer or any court, of probable cause or reasonable suspicion to stop, search, seize, or arrest the person or the person’s property;
(2) Be used as evidence in a criminal case or administrative action against the person; or
(3) Result in:
(i) Revocation of the person’s probation, parole or pre-trial release;
(ii) Administrative action taken against the person; or
(iii) Any other punitive action or penalty taken against the person.
(h) Results from a drug checking analysis may not be used by any person for a treatment or other clinical decision, in any criminal investigation, or as evidence in a criminal case or administrative action.
(i) Any person using, providing, or distributing drug checking equipment may collect the following information and provide it to the department, in a form and manner set out by the department by rule:
(1) The amount and type(s) of drug checking equipment used, provided, or distributed by the person;
(2) The county(ies) and ZIP code(s) where the person used, provided, or distributed drug checking equipment;
(3) The number of encounters with individuals seeking drug checking services where a person used, provided, or distributed drug checking equipment;
(4) For each encounter with an individual seeking drug checking services where a person used drug checking equipment to analyze one or more substances:
(i) The number of samples analyzed;
(ii) The identity of the drug(s) detected within each sample;
(iii) The mass, volume, concentration, or relative amount of each drug detected; and
(iv) What drug(s) the submitting individual believed the analyzed substance to contain, at the time the individual acquired the substance;
(5) Whether or not the individual seeking drug checking services changed or plans to change drug use behavior based on either information provided by the person using the drug checking equipment or from receipt of the drug checking results;
(6) Demographic information regarding the individual seeking drug checking services including, but not limited to, age, gender, race, ethnicity, general area of residence, types of drugs used, methods of drug use, length of drug use, frequency of drug use, and date of first seeking drug checking services;
(7) Information about any encounter with law enforcement where the individual seeking drug checking services faced arrest, criminal charge, or prosecution for possession of a controlled substance or other illicit drug due to the use of drug checking services or traveling to or from such service; and
(8) Any other data identified by the department by rule.
(b) All data collected and provided to the department pursuant to subsection (a) shall be de-identified and shall not be subject to subpoena in any civil, criminal, or administrative proceeding.
(c) 12 months after the effective date of this Act, and every 12 months thereafter, the department shall publish a report on its public website that describes and explains the aggregate data received pursuant to this section.
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An Act to ensure access to medical cannabis for visiting qualifying patients
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S1082
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SD1734
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:08:28.043'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:08:28.0433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:13:36.0466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T11:53:00.6233333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-06-14T12:47:07.9366667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-07-12T11:45:35.9066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-07-17T13:23:33.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1082/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1082) of Susan L. Moran, Lindsay N. Sabadosa and Patrick M. O'Connor for legislation to ensure access to medical cannabis for visiting qualifying patients. The Judiciary.
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SECTION 1. Section 2 of Chapter 369 of the Acts of 2012 is hereby amended by adding the following definition:-
“Visiting qualifying patient”, a person who resides in another jurisdiction within the United States that authorizes the medical use of marijuana who possesses a valid medical marijuana certification from that other jurisdiction and photographic identification or a driver's license from that jurisdiction.
SECTION 2. Chapter 369 of the Acts of 2012 is hereby amended by inserting, after section 17, the following section:-
Section 18. Visiting qualifying patients
A visiting qualifying patient as defined in section 2 shall be afforded all the rights and protections granted to a qualifying patient under this act, provided, however, that section 11 of this act shall never apply to a visiting qualifying patient.
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An Act relative to the efficient management and operation of the registries of probate
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S1083
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SD1998
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-20T11:40:06.54'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-20T11:40:06.54'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T13:12:39.55'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:56:22.8533333'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-02-15T09:47:42.4833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-15T09:47:34.09'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-05-03T13:43:57.4833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-16T11:47:36.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1083/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1083) of Susan L. Moran, Paul W. Mark, Michael D. Brady, Joanne M. Comerford and others for legislation relative to the efficient management and operation of the registries of probate. The Judiciary.
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SECTION 1. Section 2 of chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 14, after the word “including” the following words:- the selection, appointment, and management of.
SECTION 2. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 23 in its entirety and inserting in place thereof the following:-
Section 23. The register of the respective courts of the probate and family court department may, with the approval of the chief justice of the probate and family court, appoint for a term of 3 years and may, with the approval of the chief justice, remove a first assistant register of probate. Before entering upon the performance of his duties, a first assistant register shall take the oath prescribed by the constitution. The appointments shall be as follows:
Barnstable, 1 first assistant register
Berkshire, 1 first assistant register
Bristol, 1 first assistant register
Essex, 1 first assistant register
Franklin, 1 first assistant register
Hampden, 1 first assistant register
Hampshire, 1 first assistant register
Middlesex, 1 first assistant register
Norfolk, 1 first assistant register
Plymouth, 1 first assistant register
Suffolk, 1 first assistant register
Worcester, 1 first assistant register.
SECTION 3. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 23A in its entirety and inserting in place thereof the following:-
Section 23A. In addition to the first assistant registers of probate provided for in section 23, the registers of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family court, appoint for terms of 3 years and may, with the approval of the chief justice, remove assistant registers with the same powers and duties. The appointments shall be as follows:
Barnstable, 2 assistant registers
Berkshire, 1 assistant register
Bristol, 2 assistant registers
Essex, 3 assistant registers
Franklin, 1 assistant register
Hampden, 2 assistant registers
Hampshire, 1 assistant register
Middlesex, 4 assistant registers
Norfolk, 2 assistant registers
Plymouth, 2 assistant registers
Suffolk, 2 assistant registers
Worcester, 2 assistant registers.
SECTION 4. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 23B in its entirety and inserting in place thereof the following:-
Section 23B. The positions of administrative deputy assistant registers are hereby eliminated. Notwithstanding the elimination of these positions or any other general or special law to the contrary, a person employed as an administrative deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be employed as an administrative deputy assistant register of probate and shall continue to serve in that capacity at the pleasure of the register of probate for that county. The position of administrative deputy assistant shall continue to meet the definitions of both confidential and managerial employees as those terms appear in chapter 150E and any individuals continuing to be employed in that capacity shall perform no official judicial duties.
SECTION 5. Section 23C of chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 15, the number “1” and inserting in place thereof the following number:- 2.
SECTION 6. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 23D in its entirety and inserting in place thereof the following:-
Section 23D. In addition to the judicial case managers of the probate and family court provided for in section 23C, the first justices of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family court, appoint and may, with the approval of the chief justice, remove assistant judicial case managers with the same powers and duties. The appointments shall be as follows:
Barnstable, 2 assistant judicial case managers
Berkshire, 1 assistant judicial case manager
Bristol, 5 assistant judicial case managers
Essex, 6 assistant judicial case managers
Franklin, 1 assistant judicial case manager
Hampden, 5 assistant judicial case managers
Hampshire, 1 assistant judicial case manager
Middlesex, 8 assistant judicial case managers
Norfolk, 5 assistant judicial case managers
Plymouth, 5 assistant judicial case managers
Suffolk, 5 assistant judicial case managers
Worcester, 6 assistant judicial case managers.
SECTION 7. Section 27A of chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “as such assistant”.
SECTION 8. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 28 in its entirety and inserting in place thereof the following:-
Section 28. The first justice of the Suffolk county court may, subject to the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice. The clerk may be removed by the first justice, with the approval of the chief justice. The Suffolk county register of probate may, with the approval of the chief justice, designate 6 employees as deputy assistant registers with the same powers as assistant registers and may revoke such designation with the approval of the chief justice. Four of the deputy assistant registers shall receive as additional compensation an amount equal to 10 per cent of the annual salary of the Suffolk county register of probate. Two of the deputy assistant registers shall receive as additional compensation an amount equal to 5 per cent of the annual salary of the Suffolk county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Suffolk county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment. The positions of associate deputy registers, previously provided for, are hereby eliminated. Notwithstanding the elimination of these positions or any other general or special law to the contrary, a person designated as an associate deputy register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity and receive the additional compensation of 7.5 per cent of the annual salary of the Suffolk county register of probate, as previously provided by this section prior to its amendment, until they are no longer so designated.
SECTION 29. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29 in its entirety and inserting in place thereof the following:-
Section 9. The first justice of the Middlesex county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice. The clerk may be removed by the first justice with the approval of the chief justice. The Middlesex county register of probate may, with the approval of the chief justice, designate 9 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Six of the deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Middlesex county register of probate. Three of the deputy assistant registers shall receive as additional compensation an amount equal to 5 per cent of the annual salary of the Middlesex county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Middlesex county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
SECTION 10. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29A in its entirety and inserting in place thereof the following:-
Section 29A. The first justice of the Dukes county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice, with the approval of the chief justice. The clerk may be removed by the first justice with the approval of the chief justice. The Dukes county register of probate may, with the approval of the chief justice, designate 2 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. One deputy assistant register shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Dukes county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Dukes county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Dukes county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
SECTION 11. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29B in its entirety and inserting in place thereof the following:-
Section 29B. The first justice for the Nantucket county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register, and shall perform such clerical and other duties as may be required by the first justice, with the approval of the chief justice. The clerk may be removed by the first justice with the approval of the chief justice. The Nantucket county register of probate may, with the approval of the chief justice, designate 2 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. One deputy assistant register shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Nantucket county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Nantucket county register of probate.
SECTION 12. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29C in its entirety and inserting in place thereof the following:-
Section 29C. The register of the Barnstable probate court may, with the approval of the chief justice of the probate and family court, designate 5 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Three deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Barnstable county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Barnstable county register of probate.
SECTION 13. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29D in its entirety and inserting in place thereof the following:-
Section 29D. The register of the Berkshire probate court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant register and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Berkshire county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Berkshire county register of probate.
SECTION 14. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29E in its entirety and inserting in place thereof the following:-
Section 29E. The register of the Hampden probate court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampden county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Hampden county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity and shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampden county register of probate.
SECTION 15. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29F in its entirety and inserting in place thereof the following:-
Section 29F. The register of the Worcester probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Worcester county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Worcester county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Worcester county register of probate.
SECTION 16. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29G in its entirety and inserting in place thereof the following:-
Section 29G. The register of the Bristol probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition to their salaries as employees, additional compensation in an amount equal to 10 per cent of the annual salary of the Bristol county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Bristol county register of probate.
SECTION 17. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29H in its entirety and inserting in place thereof the following:-
Section 29H. The register of the Hampshire probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampshire county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Hampshire county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Hampshire county register of probate.
SECTION 18. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29I in its entirety and inserting in place thereof the following:-
Section 29I. The register of the Plymouth probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition to their salaries as employees, additional compensation in an amount equal to 10 per cent of the annual salary of the Plymouth county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Plymouth county register of probate.
SECTION 19. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29J in its entirety and inserting in place thereof the following:-
Section 29J. The register of the Essex probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Essex county register of probate. Two deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Essex county register of probate.
SECTION 20. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29K in its entirety and inserting in place thereof the following:-
Section 29K. The register of the Franklin probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive in addition to his salary as an employee, additional compensation in an amount equal to 10 per cent of the annual salary of the Franklin county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Franklin county register of probate.
SECTION 21. Chapter 217 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 29L in its entirety and inserting in place thereof the following:-
Section 29L. The register of the Norfolk probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Norfolk county register of probate. Two deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Norfolk county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Norfolk county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
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An Act relative to preventing ocean littering
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S1084
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SD307
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:51:41.057'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:51:41.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1084/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1084) of Patrick M. O'Connor for legislation relative to preventing ocean littering. The Judiciary.
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Section 16 of Chapter 270 of the General Laws, as so appearing, is hereby amended by striking the section in its entirety and replacing it with the following:-
“Section 16. Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind on a public highway or within 20 yards of a public highway, or on any other public land, or on property of another, or on lands dedicated for open space purposes, including lands subject to conservation restrictions and agricultural preservation restrictions as defined in chapter 184, shall be punished by a fine of not more than $5,500 for the first offense and a fine not to exceed $15,000 for each subsequent offense; provided, however, that 50 per cent of the fine imposed shall be deposited in the conservation trust established in section 1 of chapter 132A and the court may also require that the violator remove, at his own expense, the trash, refuse, rubbish, debris or materials. The permission of the owner of land to place, throw, deposit or discharge trash, refuse, rubbish, garbage, debris, scrap, waste or other material on the owner's land shall constitute a defense in any trial for such offense.
Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind upon coastal or inland waters, as defined in section 1 of chapter 131, or within 20 yards of such waters shall be punished by a fine of not more than $6,800 for the first offense and a fine not to exceed $18,750 for each subsequent offense; provided, however, that 50 per cent of the fine imposed shall be deposited in the conservation trust established in section 1 of chapter 132A and the court may also require that the violator remove, at his own expense, the trash, refuse, rubbish, debris or materials.”
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An Act establishing a special commission relative to the uniformity of sex offender residency restrictions in the Commonwealth
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S1085
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SD487
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:32:57.81'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:32:57.81'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1085/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1085) of Patrick M. O'Connor for legislation to establish a special commission relative to the uniformity of sex offender residency restrictions in the Commonwealth. The Judiciary.
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SECTION 1. Notwithstanding any special or general law there shall be a special commission to promulgate rules and regulations for a uniform, statewide local opt in sex offender residency restriction that passes muster in the Massachusetts Supreme Judicial Court.
The special commission shall consist of: the secretary of health and human services, or their designee; the commissioner of the department of public health, or their designee; the commissioner of the department of public utilities, or their designee; three municipal administrators; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; and two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader; provided, however, that the first meeting of the commission shall take place not later than December 1, 2023.
The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate, the chairs of the joint committee on mental health and substance abuse not later than December 1, 2024.
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An Act relative to juvenile offenders
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S1086
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SD488
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:33:52.397'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:33:52.3966667'}]
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1086) of Patrick M. O'Connor for legislation relative to juvenile offenders. The Judiciary.
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SECTION 1. Section 52 of chapter 119 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out the definition of “Delinquent child” and inserting in place thereof the following definition:-
“Delinquent child”, a child between 10 and 18 years of age who commits any offense against a law of the commonwealth; provided, however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months or both such fine and imprisonment.
SECTION 2. Section 54 of said chapter 119, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out, in line 2, the figure “12” and inserting in place thereof the following figure:- 10.
SECTION 3. This act shall go into effect immediately upon its passage.
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An Act relative to setting proportionate penalties for the distribution of heroin, fentanyl, and carfentanil
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S1087
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SD489
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:34:34.817'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:34:34.8166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-23T15:53:32.9633333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1087) of Patrick M. O'Connor and Steven George Xiarhos for legislation to set proportionate penalties for the distribution of heroin, fentanyl, and carfentanil. The Judiciary.
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SECTION 1. Section 32E of chapter 94C, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking subsection (c) and replacing it with the following:-
(c) Any person who trafficks in heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute, or dispense or by bringing into the commonwealth a net weight of 18 grams or more of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:--
(1) Eighteen grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 35 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(2) Thirty-six grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 40 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(3) One hundred grams or more but less than two hundred grams, be punished by a term of imprisonment in the state prison for not less than 25 years and up to any term of years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of 25 years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for life. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of a life sentence nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
SECTION 2. Said section 32E of chapter 94C, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking subsection (c1/2) and replacing it with the following:-
(c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth shall, if the net weight of the fentanyl in pure form is:-
(1) 4 grams or more but less than 9 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 35 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(2) 9 grams or more but less than 20 grams, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 40 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(3) 20 grams or more but less than 40 grams, be punished by a term of imprisonment in the state prison for not less than 25 years and up to any term of years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of 25 years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
(4) 40 grams or more, be punished by a term of imprisonment in the state prison for life. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of a life sentence nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
SECTION 3. Said section 32E of chapter 94C, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking subsection (c3/4) and replacing it with the following:-
(c¾) Any person who trafficks in carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense shall, if the net weight of the carfentanil in pure form is:-
(1) one-third of a gram or more but less than 2 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 35 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(2) 2 grams or more but less than 4 grams, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 40 years. No sentence imposed under this clause shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.
(3) 4 grams or more but less than 8 grams, be punished by a term of imprisonment in the state prison for not less than 25 years and up to any term of years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of 25 years, and a fine of not less than ten thousand nor more than one hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
(4) 8 grams or more, be punished by a term of imprisonment in the state prison for life. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of a life sentence nor more than five hundred thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.
SECTION 4. This act shall go into effect immediately upon its passage.
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An Act relative to the protection of police officers
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S1088
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SD1067
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T12:01:10.13'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T12:01:10.13'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1088) of Patrick M. O'Connor for legislation relative to the protection of police officers. The Judiciary.
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Section 15A of Chapter 265 of the General Laws is hereby amended by inserting at the end the following new subsection:-
(e) Whoever commits assault with a dangerous weapon by discharging a firearm, large capacity weapon, rifle, shotgun, sawed-off shotgun or machine gun, as defined in section 121 of chapter 140, with the intent to physically harm a police officer, special police officer, state or federal law enforcement officer, firefighter, officer or employee of the department of correction, officer or employee of a sheriff's department, officer or employee of a jail or officer or employee of a house of correction in the performance of the officer’s duties, shall be punished by imprisonment in a state prison for no less than 25 years and up to any term of years.
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An Act relative to health care proxies
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S1089
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SD1086
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:59:23.983'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:59:23.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1089/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1089) of Patrick M. O'Connor for legislation relative to health care proxies. The Judiciary.
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SECTION 1. Chapter 201D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after Section 2, the following section:-
Section 2A. No person shall be named a health care agent by execution of a health care proxy who: (i) is currently being investigated or is the subject of a criminal complaint or an indictment for any violation of Chapter 265 that resulted in serious bodily injury to a principal who has become incapacitated; (ii) is currently being investigated by law enforcement, the department of elder services or the office of children and families for neglect, or is the subject of a criminal complaint or indictment therefore, of a principal who has become incapacitated; or (iii) has been convicted of committing an assault and battery [a violation of said Chapter 265] or neglect and the commission of such offense resulted in serious bodily injury to a principal who has become incapacitated. The commissioner of the department of public health, the board of registration in medicine and the board of registration in nursing shall adopt regulations to implement this section.
SECTION 2. Section 7 of said Chapter 201D, as so appearing, is hereby amended by striking out the words “, or (ii)”, in line 8, and inserting in place thereof the following words:- ; (ii) a finding, pursuant to section 17 that an agent is wholly or partly responsible for the incapacity of the principal; and (iii)
SECTION 3. Section 17 of said Chapter 201D, as so appearing, is hereby amended by striking out, in line 10, the words “or is acting in bad faith”, and inserting in place thereof the following words:- , is acting in bad faith, or the agent is wholly or partly responsible for the incapacity of the principal
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An Act relative to supported decision-making agreements for certain adults with disabilities
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S109
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SD1172
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:26:16.947'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:26:16.9466667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T14:50:25.1433333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-08T11:54:53.8133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T14:19:12.3733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-21T10:51:32.6966667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T09:34:32.0766667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-23T09:30:09.3366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-17T09:19:22.8566667'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 109) of Joan B. Lovely, Sean Garballey, Angelo J. Puppolo, Jr., John F. Keenan and other members of the General Court for legislation relative to supported decision-making agreements for certain adults with disabilities. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 16F the following section:-
Section 16F½. The executive office of health and human services shall establish a training program on supported decision-making. The training program shall include instruction by state agencies including, but not limited to, the department of developmental services, the department of mental health and the executive office of elder affairs. The training program shall be provided to any supporter or decision-maker pursuant to section 5-601 of chapter 190B and shall include instruction on the rights and obligations contained in section 5-602 of chapter 190B. The executive office of health and human services shall consult with adults who receive supported decision-making assistance and supporters who assist in decision-making pursuant to a supported-decision making agreement in the development of the training. The training shall be in a format accessible to the individuals receiving the training.
SECTION 2. Section 2 of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
The department of elementary and secondary education shall promulgate regulations requiring school districts, as part of their transitional planning process for students with disabilities, to inform students and their families of the availability of supported decision-making as an alternative to guardianship in cases where adult guardianship is being contemplated.
SECTION 3. Section 3 of said chapter 71B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
For any student for whom adult guardianship is being considered at the IEP team meeting, the IEP team shall inform the student and their family or guardian, at the earliest possible meeting, of the availability of supported decision-making agreements as an alternative to guardianship. The IEP team shall assist the child and their family or guardian in locating resources to assist in establishing a supported decision-making plan if the child and their family or guardian are interested in supported decision-making.
SECTION 4. Section 5-303 of said chapter 190B, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the word “requested”, in line 49, the following words:-
“whether alternatives to guardianship and available supports and services to prevent the need for guardianship, including a supported decision-making agreement, were considered, why such alternatives to guardianship and supports and services are not feasible or would not prevent the need for guardianship,”.
SECTION 5. Subsection (b) of section 5-303 of said chapter 190B, as so appearing, is hereby amended, by inserting after paragraph (9) the following paragraph:-
(9½) a copy of any supported decision-making agreement executed by the person alleged to be incapacitated, if available;.
SECTION 6. Chapter 190B of the General Laws is hereby amended by inserting after section 5-507 the following 2 sections:-
Section 5-601. As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:
“Adult”, an individual 18 years of age or older.
“Coercion”, the use of force or threats to persuade someone to do something.
“Decision-maker”, an adult who seeks to execute, or has executed, a supported decision-making agreement with 1 or more supporters under this chapter.
“Executed”, a supported decision-making agreement that is signed by both the decision maker and all supporters in accordance with requirements set forth in this chapter.
“Supported decision-making”, the process of supporting and accommodating the decision-maker, without impeding the self-determination of the decision-maker, in making life decisions, including, but not limited to: (i) decisions related to where the decision-maker wants to live; (ii) the services, supports, financial decisions and medical care the decision-maker wants to receive; (iii) whom the decision-maker wants to live with; and (iv) where the decision-maker wants to work.
“Supported decision-making agreement”, an agreement a decision-maker enters into 1 supporter pursuant to section 5-602 to use supported decision-making.
“Supporter”, an adult who has executed a supported decision-making agreement with a decision-maker.
Section 5-602. (a) A decision-maker may voluntarily enter into a supported decision-making agreement with 1 or more supporters. The decision-maker may amend or terminate a supported decision-making agreement at any time pursuant to section (e).
(b)(1) Except as limited by a supported decision-making agreement, a supporter may, with the consent of the decision-maker, provide to the decision-maker with decision-making assistance regarding the decision-maker’s affairs, including, but not limited to: (i) assisting with making decisions, communicating decisions and understanding information about, options for, the responsibilities of and the consequences of decisions; (ii) accessing, obtaining and understanding information that is relevant to decisions, necessary for the decision-maker to manage their affairs, including, but not limited to, medical, psychological, financial and educational information and medical and other records; (iii) ascertaining the wishes and decisions of the decision-maker, assisting in communicating those wishes and decisions to other persons and assisting to ensure the decision-maker’s wishes and decisions are implemented; and (iv) accompanying the decision-maker and participating in discussions with other persons when the decision-maker is making decisions or attempting to obtain information needed to make decisions.
(2) A supporter shall only be authorized to assist the decision-maker in accessing, collecting or obtaining information that is relevant to a decision authorized under the supported decision-making agreement and to which the decision-maker agrees that the supporter should have access. A supporter shall keep confidential any information obtained in the process of assisting the decision-maker and may exercise only the authority granted to the supporter in the supported decision-making agreement.
(3) The existence of a supported decision-making agreement shall not preclude a decision-maker from seeking personal information without the assistance of a supporter.
(c)(1) To be valid, a supported decision-making agreement shall be signed and dated by the decision-maker and each applicable supporter in the presence of a notary public or not less than 2 witnesses who are: (i) not less than 18 years of age; (ii) unrelated to the decision-maker and any supporter; and (iii) not supporters to the agreement.
Evidence of undue influence or coercion in the creation or signing of a supported decision-making agreement shall render the supported decision-making agreement invalid.
(2) A supported decision-making agreement shall be personalized by the decision-maker to reflect the decision-maker’s personal circumstances. A supported decision-making agreement shall: (i) be in writing; (ii) identify the decision-maker and all supporters; (iii) describe the types of decisions with which each supporter shall assist the decision-maker; (iv) indicate that all supporters agree to assist the decision-maker in making such decisions, to respect the decision-maker's decisions and to assist the decision-maker in communicating such decisions; (v) state that supporters shall not make decisions for the decision-maker; (vi) indicate that the decision-maker may amend or terminate the supported decision-making agreement at any time and for any reason subject to the requirements of subsection (e); and (vii) list contact information for the disabled persons protection commission, the elder abuse hotline and all programs providing services to the decision-maker.
(d) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement and recognize a decision, request or communication made with the decision-making assistance of a supporter as the decision, request or communication of the decision-maker. A person or entity that, in good faith, acts in reliance on a decision made pursuant to a supported decision-making agreement shall not be subject to civil or criminal liability or to professional discipline.
(e)(1) The supported decision-making agreement shall remain in effect until it is terminated. A supportive decision-making agreement shall be terminated on any termination date set forth in the agreement. A supporter may terminate participation in a supported decision-making agreement at any time, by written notice to the decision-maker and any other supporters to the agreement; provided, however, that if the agreement has more than 1 supporter, the agreement shall remain valid as to all other supporters. A decision-maker may terminate a supported decision-making agreement at any time by written notice to all supporters to the agreement.
(2) The disabled persons protection commission, an elder protective services agency, the department of developmental services, the department of mental health or any person interested in the decision-maker's welfare may petition the probate and family court to revoke or suspend a supported decision-making agreement on the grounds of abuse, neglect or exploitation by 1 or more supporters. The court shall provide notice to the decision-maker and provide an opportunity for the decision-maker and supporter to be heard. The court may revoke or suspend the supported decision-making agreement, in whole or in part, if the court makes a finding of abuse, neglect or exploitation by the supporter. The court shall not order a supported decision-making agreement to remain in effect over the objection of the decision-maker. If the decision-maker is indigent, the court shall appoint counsel for the decision-maker upon the filing of any petition under this paragraph.
(f) If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the decision-maker is being abused, neglected or exploited by a supporter, the person may report the alleged abuse, neglect or exploitation to the disabled persons protection commission pursuant to chapter 19C or the elder abuse prevention hotline pursuant to chapter 19A.
If a mandated reporter pursuant to subsection (a) of section 15 of said chapter 19A or said chapter 19C has reasonable cause to believe that the decision-maker has been abused, neglected or exploited by a supporter, the mandated reporter shall make a report to the disabled persons protection commission or an elder protective services agency, as applicable.
(g) Execution of a supported decision-making agreement shall not be a condition of participation in any activity, service or program.
(h) Nothing in this section shall be interpreted to limit or restrict the right of an individual to execute a health care proxy pursuant to chapter 201D or a power of attorney pursuant to this chapter.
SECTION 7. A supported decision-making agreement executed before January 1, 2024 shall be valid until January 1, 2025. Thereafter, only supported decision-making agreements that conform to the requirements of section 5-602 of chapter 190B of the General Laws shall be valid.
SECTION 8. Section 6 shall take effect on January 1, 2024.
SECTION 9. The training program required by section 16F½ of chapter 6A of the General Laws shall be implemented by the department of health and human services not later than July 1, 2024.
SECTION 10. The department of elementary and secondary education shall promulgate regulations pursuant to section 2 of chapter 71B of the General Laws not later than July 1, 2024.
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An Act relative to level-three sex offender residency restrictions
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S1090
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SD1103
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:39:56.75'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:39:56.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1090/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1090) of Patrick M. O'Connor for legislation relative to level-three sex offender residency restrictions. The Judiciary.
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SECTION 1. Definitions. For the purpose of this section, the following terms shall have the respective meanings ascribed to them:
“Adult criminal level 3 sex offender”. a person convicted of a criminal sex offense and designated as a Level 3 sex offender by the Massachusetts Sex Offender Registry Board. The Board has determined that these individuals have a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification.
“GIS”. geographic information system.
“School”. a licensed or accredited public or private school or church school that offers instruction in pre-school, including a licensed day care or other business permitted as a school, or any of grades Kindergarten through Grade 12. This definition shall not include private residences in which students are taught by parents or tutors.
SECTION 2. A city or town which accepts this section in the manner provided in section 4 of chapter 4 may impose a local zoning restriction on the residency of level three-sex offenders in the following manner:
(a) Any community that, by majority vote of the city council or town meeting, shall make it unlawful for any adult criminal Level 3 sex offender to establish a residence or any other living accommodations within 1500 feet of the property on which any school, day-care center, park, or recreational facility open to the public is located. The fifteen-hundred-foot restriction shall be measured in a straight line from the nearest property line upon which the house, apartment complex, condominium complex, motel, hotel or other residence is located to the property line of the nearest school, day-care center, park, or recreational facility. Distances will be taken from the state's GIS system, and GIS services to the state shall be presumed accurate and shall be evidence of a violation.
(b) Changes to property resulting in a school, day-care center, park, or recreational facility within 500 feet of an adult criminal Level 3 sex offender's registered address which occur after an adult criminal Level 3 sex offender establishes residency shall not form the basis for finding that a criminal sex offender is in violation of this section.
(c) Level 3 registered sex offenders who reside on a permanent or temporary basis within 500 feet of any school, day-care center, park, or recreational facility following passage of this section shall be in violation of this section and shall, within 30 days of receipt of written notice of the registered sex offender's noncompliance with this section, move from said location to a new location, but said new location may not be within 1500 feet of any school, day-care center, park, or recreational facility. The first day following the thirty-day written notice shall be considered the first violation. Following the first violation, every day that the registered sex offender continues to reside within 1500 feet of any school, day-care center, park, or recreational facility shall be considered a separate violation.
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An Act relative to visitation rights of grandparents
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S1091
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SD1106
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:42:43.783'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:42:43.7833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1091/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1091) of Patrick M. O'Connor for legislation relative to visitation rights of grandparents. The Judiciary.
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Section 39D of Chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “court.”, in line 19, the following sentence:-
Where the state has custody of a minor or a court has awarded temporary guardianship of a minor to a non-parent, the court may consider whether the minor has a preexisting relationship with a grandparent in determining if visitation rights would be in the best interest of the child; provided, however, that such preexisting relationship shall not be a necessity for awarding said visitation rights.
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An Act relative to protecting innocent sellers
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S1092
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SD1442
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:16:20.38'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:16:20.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1092/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1092) of Patrick M. O'Connor for legislation to protect innocent sellers. The Judiciary.
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SECTION 1. Title XV is hereby amended by adding the following new chapter:-
“CHAPTER 93M. NONMANUFACTURING SELLER LIABILITY
Section 1. Definitions.
(a) "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant.
(b) "Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.
(c) "Seller" means a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof.
(d) "Manufacturer" means a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce.
Section 2. Manufacturer's duty to indemnify.
(a) A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller's intentional misconduct or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.
(b) For purposes of this section, "loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages.
(c) Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section.
(d) For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions shall be considered a seller.
(e) The duty to indemnify under this section:
(1) applies without regard to the manner in which the action is concluded;
(2) shall supersede a preexisting contractual agreement absolving a manufacturer of the duty to indemnify; and
(3) is in addition to any duty to indemnify established by law, contract, or otherwise.
(f) A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has notice of the action.
(g) A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller's right to indemnification under this section.
Section 3. Liability of nonmanufacturing sellers.
(a) A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves:
(1) that the seller participated in the design of the product;
(2) that the seller altered or modified the product and the claimant's harm resulted from that alteration or modification;
(3) that the seller installed the product, or had the product installed, on another product and the claimant's harm resulted from the product's installation onto the assembled product;
(4) that:
(i) the seller exercised substantial control over the content of a warning or instruction that accompanied the product;
(ii) the warning or instruction was inadequate; and
(iii) the claimant's harm resulted from the inadequacy of the warning or instruction;
(5) that:
(i) the seller made an express factual representation about an aspect of the product;
(ii) the representation was incorrect;
(iii) the claimant relied on the representation in obtaining or using the product; and
(iv) if the aspect of the product had been as represented, the claimant would not have been harmed by the product or would not have suffered the same degree of harm; or
(6) that:
(i) the seller actually knew of a defect to the product at the time the seller supplied the product; and
(ii) the claimant's harm resulted from the defect.
(b) This section does not apply to a manufacturer or seller whose liability in a products liability action is governed by Chapter 93B. In the event of a conflict, Chapter 93B prevails over this section.
(c) If after service on a nonresident manufacturer through the secretary of state, the manufacturer fails to answer or otherwise make an appearance in the time required by law, it is conclusively presumed for the purposes of Subsection (a)(7)(B) that the manufacturer is not subject to the jurisdiction of the court unless the seller is able to secure personal jurisdiction over the manufacturer in the action.
Section 4. Design defects.
(a) In a products liability action against a seller in which a claimant alleges a design defect, the burden is on the claimant to prove by a preponderance of the evidence that:
(1) it is proper to bring action against a seller rather than the manufacturer because a judgment is not recoverable from the assets of the bankruptcy estate associated with said manufacturer;
(2) there was a safer alternative design; and
(3) the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.
(b) In this section, "safer alternative design" means a product design other than the one actually used that in reasonable probability:
(1) would have prevented or significantly reduced the risk of the claimant's personal injury, property damage, or death without substantially impairing the product's utility; and
(2) was economically and technologically feasible at the time the product left the control of the manufacturer or seller by the application of existing or reasonably achievable scientific knowledge.
(c) This section does not apply to a drug or device as those terms are defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321).
(d) This section is not declarative, by implication or otherwise, of the common law with respect to any product and shall not be construed to restrict the courts of this state in developing the common law with respect to any product which is not subject to this section.
Section 5. Compliance with government standards.
(a) In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the product's formula, labeling, or design complied with mandatory safety standards or regulations adopted and promulgated by the federal government, or an agency of the federal government, that were applicable to the product at the time of manufacture and that governed the product risk that allegedly caused harm.
(b) The claimant may rebut the presumption in Subsection (a) by establishing that:
(1) the mandatory federal safety standards or regulations applicable to the product were inadequate to protect the public from unreasonable risks of injury or damage; or
(2) the manufacturer, before or after marketing the product, withheld or misrepresented information or material relevant to the federal government's or agency's determination of adequacy of the safety standards or regulations at issue in the action.
(c) This section does not extend to manufacturing flaws or defects even though the product manufacturer has complied with all quality control and manufacturing practices mandated by the federal government or an agency of the federal government.
Section 6. Affidavit by seller identifying manufacturer
(a) In any product liability action against a product seller, the product seller may file an affidavit certifying the correct identity of the manufacturer of the product which allegedly caused the injury, death or damage.
(b) Upon filing the affidavit pursuant to subsection (a) of this section, the product seller shall be relieved of all strict liability claims, subject to the provisions set forth in subsection (a) of section 3 of this chapter. Due diligence shall be exercised in providing the plaintiff with the correct identity of the manufacturer or manufacturers.
(c) The product seller shall be subject to strict liability if:
(1) The identity of the manufacturer given to the plaintiff by the product seller was incorrect. Once the correct identity of the manufacturer has been provided, the product seller shall again be relieved of all strict liability claims, subject to subsection (d) of this section; or
(2) The manufacturer has no known agents, facility, or other presence within the United States; or
(3) A judgment is not recoverable from the assets of the bankruptcy estate.
(d) The commencement of a product liability action based in whole or in part on the doctrine of strict liability against a product seller shall toll the applicable statute of limitations with respect to manufacturers who have been identified pursuant to the provisions of subsection (a) of this section.
Section 7. Elements of defense; summary judgment; reinstatement of action
(a) It shall be a defense to an action against a seller of a product for property damage or personal injury allegedly caused by the defective design or manufacture of a product if the seller establishes that:
(1) The seller had no knowledge of the defect;
(2) The seller in the performance of the duties he performed or while the product was in his possession could not have discovered the defect while exercising reasonable care;
(3) The seller did not manufacture, produce, design, or designate the specifications for the product which conduct was the proximate and substantial cause of the claimant's injury; and
(4) The seller did not alter, modify, assemble, or mishandle the product while in the seller's possession in a manner which was the proximate and substantial cause of the claimant's injury.
(b) The defense provided in subsection (a) of this section is not available if the manufacturer is not subject to service of process under the laws of Commonwealth.
(c) Except in an action based on an expressed indemnity agreement, if the seller shows by unrebutted facts that he has satisfied subsection (a) of this section and that subsection (b) of this section does not apply, summary judgment shall be entered in his favor as to the original or third party actions.
(d) Notwithstanding the granting of a motion for summary judgment pursuant to paragraph (c) of this subsection, the seller will thereafter continue to be treated as though he were still a party for all purposes of discovery including the uses thereof.
(e) On a subsequent showing of the occurrence of any condition described in subsection (b) of this section or that one or more of the conditions of subsection (a) of this section did not exist, during the pending litigation, the actions dismissed by summary judgment pursuant to paragraph (c) of this subsection shall be reinstated and are not barred by the passage of time.
Section 8. Effectiveness; civil actions and remedies
(a) Sections one through seven of this chapter, inclusively, shall apply to contracts made before and after the passage of this act.
(b) A seller entity who has been injured by an act or practice declared to be unlawful by the provisions of this chapter may bring an action in the superior court whether by way of original complaint, counterclaim, cross-claim, or third party action, for damages and such equitable relief as the court deems to be necessary and proper.
(c) Judgments entered on actions prior to the passage of this act shall not be re-adjudicated on substantially similar facts and claims pursuant to the passage of this act.”
SECTION 2. This act shall go into effect upon its passage.
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An Act providing a defense to prosecution for violations of the wiretap law for interceptions made to make a record of threats, harassment or other crimes
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S1093
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SD1973
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:09:24.283'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:09:24.2833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-23T15:53:39.99'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:15:59.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1093/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1093) of Patrick M. O'Connor and Angelo J. Puppolo, Jr. for legislation to provide a defense to prosecution for violations of the wiretap law for interceptions made to make a record of threats, harassment or other crimes. The Judiciary.
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SECTION 1. Paragraph D of said section 99 of said chapter 272, as so appearing, is hereby amended by the insertion of the following language as subparagraph (1) (g): for any person to commit and interception, attempt to commit an interception or procure another to commit or attempt an interception, or to aid and abet or jointly commit or attempt to commit or procure an interception of any communication made by another to the person making the interception in circumstances under which the interception is made in order to make a record of threats, harassment, or other crimes in relation to divorce or child custody matters or in relation to orders issued under Chapter 209A or 258E.
SECTION 2. Paragraph D of said section 99 of said chapter 272 as so appearing, is hereby amended by insertion of the following language as subparagraph (2) (f) Any person who has committed an interception of any communication made by another in circumstances under which the interception is made to make a record of threats, harassment, or other crimes in relation to divorce or custody matters or in relation to orders issued under Chapter 209A or 258E may disclose said recording.
SECTION 3. Paragraph D of said section 99 of said chapter 272, as so appearing, is hereby amended by the insertion of the following language as subparagraph (2) (g) Any person who has committed an interception of any communication made by another in circumstances under which the interception is made in order to make a record of threats, harassment, or other crimes in relation to divorce or child custody matters, or in relation to orders issued under Chapter 209A or 258E bears the burden of proof, in a prosecution for such interception, or attempt, or procurement of such interception, or for disclosure of such interception, to demonstrate by a preponderance of the evidence that said conduct was exempt or permitted under this section.
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An Act relative to bodily autonomy and family integrity
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S1094
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SD2014
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:52:48.413'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:52:48.4133333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T10:02:18'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-03-03T14:35:45.3633333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-25T09:41:24.74'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-05-15T09:46:42.0533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1094/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1094) of Patrick M. O'Connor, Ryan C. Fattman and F. Jay Barrows for legislation relative to bodily autonomy and family integrity. The Judiciary.
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SECTION 1. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting the following new section:
“Section 183A.
(a) Definitions - The following words used in this section shall have the following meanings unless the context clearly requires otherwise:
“Non-invasive”, a test or treatment in which the body is not penetrated or entered by a needle, tube, device, swab, or scope, or one in which no substance is administered orally or otherwise.
(b) No person shall be compelled to acquiesce to medical treatments or procedures, collection of specimens, or sharing of personal data or medical information. A person’s fundamental rights including privacy, travel, and speech afforded under the United States Constitution shall not be infringed upon to impede the making of decisions for themselves or for their dependents, including, but not limited to, decisions about health and medical care, including complementary and alternative healthcare services, education, employment, travel, and lifestyle preferences.
(c) No employer shall decline to hire, or terminate the employment of, a person solely on the basis of the person’s choice to engage or not engage with a medical treatment or procedure. A person whose rights have been violated by this act may bring action for (i) an injunction against any further violation; (ii) appropriate affirmative relief, including, but not limited to, admission or reinstatement of employment with back pay plus 10 percent interest; and (iii) any other relief necessary to ensure compliance with this Act.
Unless otherwise prescribed, any person or official who willfully violates a provision of this chapter is in violation of Title 42 USC 1983, and remedies may be pursued to the fullest extent of the law.
(d) Nothing in this section shall preclude drug or alcohol testing or any reasonable requirement for non-invasive medical testing or treatments, such as requiring a pilot to undergo a vision test or wear corrective lenses while piloting an aircraft.
SECTION 2. This act shall take effect 60 days after its passage.
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An Act relative to drug induced homicide
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S1095
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SD2027
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:01:10.203'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:01:10.2033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-26T11:18:07.2666667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T09:58:18.0233333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:04:20.1466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1095/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1095) of Patrick M. O'Connor, Steven George Xiarhos and Patrick Joseph Kearney for legislation relative to drug induced homicide. The Judiciary.
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SECTION 1. Any person while in the course of trafficking or unlawfully distributing a Class A controlled substance, as defined in Section 31 of Chapter 94C, who knowingly or intentionally manufactures, distributes, dispenses, delivers, or provides any amount of a Class A controlled substance or counterfeit substance which results in death shall be punished for a term up to life in prison.
SECTION 2. Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud seeks medical assistance for someone experiencing a Class A controlled substance overdose as defined in Section 34A of Chapter 94C shall not be charged or prosecuted for a violation of Section 1.
SECTION 3.
(A) Notwithstanding any general or special law to the contrary, there is hereby established a permanent commission to oversee the effectiveness of drug induced homicide laws and review every drug induced homicide conviction in the Commonwealth of Massachusetts. The commission shall investigate and collect data to ensure there is no prejudice in charging or sentencing individuals who violate drug induced homicide laws, that prosecutors are providing treatment first options for individuals suffering from substance use disorder, and that sentencing is based on the judge’s discretion on a case-by-case basis and that there is no minimum mandatory sentence for drug induced homicide.
(B) The commission shall consist of the secretary of public safety or a designee; the Chief Justice of the Trial court or a designee; the President of the Massachusetts District Attorney’s Association of a designee; the President of the Massachusetts Bar Association or a designee; the Colonel of the Massachusetts State Police or a designee; the President of the Massachusetts Police Chiefs Association of a designee; 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the senate president; 1 member of the house of representatives appointed by the minority leader of the house of representatives; 1 member of the senate appointed by the senate minority leader; 1 member appointed by the Attorney General; and 3 members appointed by the governor, 1 of whom shall be a whom shall be an individual with expertise in substance use and recovery, 1 of whom shall be an individual with expertise in racial justice, and 1 of whom shall be an individual with expertise in law enforcement.
(C) The commission shall be established no less than 90 days after passage of this act. The Commission shall convene every 120 days and present a report and recommendations for charges to improve drug induced homicide law with the governor, attorney general, the clerks of the house and senate, the house and senate chairs of the joint committee on judiciary, and the Massachusetts District Attorney’s Association no later than 365 days following the passage of this act.
(D) Annually, The Commission shall, not later than June 30, reassess and report on drug induced homicide laws and any policy recommendations to the governor, attorney general, the clerks of the house and senate, the joint committee on judiciary, and the Massachusetts District Attorney’s Association.
(E) Appointed members shall serve terms of 2 years and until their successors are appointed, or the member is reappointed by their appointing or nominating authority. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
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[]
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[]
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An Act to empower and protect survivors of domestic violence
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S1096
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SD2202
| 193
|
{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:21:46.1'}
|
[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:21:46.1'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T10:07:06.04'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T10:50:27.0933333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:46:39.6166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S1096/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1096) of Patrick M. O'Connor and Steven George Xiarhos for legislation to empower and protect survivors of domestic violence. The Judiciary.
|
SECTION 1. Notwithstanding any general or special law to the contrary, there shall be established a special commission to study the Commonwealth’s response to and resources for victims of domestic violence and sexual assault.
(a) The commission shall be comprised of the following members: the commissioner of probation; the director of the juvenile court probation department; the director of the probate and family court probation department; the director of the office of community corrections; the director of the electronic monitoring center; the executive director of the governor’s council to address sexual assault and domestic violence; an assistant attorney general to be appointed by the attorney general; the secretary of the executive office of public safety and security; the director of the Massachusetts office for victim assistance; two SAFEPLAN advocates to be appointed by the director of the Massachusetts office for victim assistance; the director of Jane Doe Inc. of Boston; the director of New Hope, Inc. of Attleboro; the director of the South Shore Resource and Advocacy Center; the director of the Massachusetts intimate partner abuse education program; a law enforcement officer with experience in domestic violence and sexual assault cases to be appointed by the governor; the head of the domestic violence unit within the Boston police department; and two survivors of domestic abuse to be appointed by the governor. The board shall be chaired by the director of the Massachusetts office for victim assistance. Each such member may appoint a designee to serve in the member's place.
(b) The commission shall analyze current resource offerings to victims of domestic violence and sexual assault; study the efficiency of state departments in maintaining victim safety, including but not limited to probation departments; consider ways to provide robust opportunities for victim and community engagement, ongoing analysis, and oversight of probation department policies, practices, and procedures; analyze income-based privileges and disadvantages for victims in participating with probation proceedings; consider ways to ensure that victims are part of the probation process while holding offenders accountable and simultaneously reducing the rates of recidivism; analyze probation violation reporting advisories and other written resources and whether they are helpful, understandable, and effective for victims; and determine the feasibility of a complaint communication tool for victims to report probation officer misconduct.
(c) The first meeting of the commission shall take place no later than December 1, 2023 and shall be organized by the director of the Massachusetts office for victim assistance.
(d) The commission shall produce a report of their findings and analysis along with any recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint Committee on the Judiciary no later than December 1, 2024.
SECTION 2. Chapter 276 of the general laws, as so appearing, is hereby amended by inserting the following new section:-
“Section 99C. Domestic violence and sexual assault probation unit
There shall be established in the superior court department, the Boston municipal court department, and divisions of the probate and family and district court departments a domestic violence and sexual assault probation unit within the court’s probation department. For the purposes of this section, the word “victim” shall mean a complainant that has filed a complaint under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic violence and sexual assault probation unit. The unit shall consist of:
(a) a domestic violence and sexual assault victim advocate who shall be stationed in the probation department and employed by an external non-profit organization whose mission includes but is not limited to advocating for victims of domestic violence and sexual assault by way of prevention and intervention services, receiving and handling victim complaints against probation officers, raising public awareness, and promoting safety and justice. The victim advocate shall act as the primary liaison between a victim that has filed a complaint and probation officers assigned to the victim’s open case. The victim advocate shall notify victims of any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General Laws, as amended by this act, as well as the contact information of the probation officer assigned to the respondent of the victim’s complaint. The victim advocate shall interact with certified batterer’s treatment programs if the respondent is so enrolled to obtain current information to provide associated probation officers. The victim advocate shall compile and maintain pertinent information as to the victim and their complaint, including but not limited to victim contact with release risk assessments, police reports relating to arrests and non-arrests, board of probation record, the interstate identification index, restraining orders and affidavits, victim statements, medical reports and photographs evidencing injury, and reports from certified batterer’s treatment programs.
(b) probation officers as established in section 83 of chapter 276 of the general laws who shall exclusively be assigned to cases and complaints involving domestic violence and sexual assault. Probation officers within the unit shall be assigned to an offender or respondent to a domestic violence or sexual assault case or complaint. The probation officer that is assigned to an offender or respondent shall continue to serve the same client if they are found to have re-offended or committed the same offense against the original victim or a new victim. Probation officers within the unit, in addition to the training and education set forth in section 85 of said chapter 276, shall attend a training course on domestic violence and sexual assault and interacting with offenders. Said training course shall be designed and certified by the Governor’s council to address sexual assault and domestic violence in collaboration with any affiliate non-profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified batterer’s treatment program and is found to be non-compliant with the requirements of the program, the probation officer shall surrender the assigned respondent or offender. During hearings and proceedings, probation officers shall disclose to the judge all material relative to the respondent’s conduct including but not limited to any contact with the victim, global positioning satellite tracking device maintenance, or violations of conditions of release.
SECTION 3. Chapter 276 of the general laws is hereby further amended in section 58A subsection (2) by inserting a new subparagraph after subparagraph (2)(B):-
“(C) subject to the condition that the person maintain or commence a certified batterers’ treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter 209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or of a violation of an order of protection issued under said chapter 209A in effect”
SECTION 4. Chapter 209A of the general laws, as so appearing, is hereby amended in section 1 by striking the definition of “Abuse” and replacing it with the following:-
''Abuse'', the occurrence of one or more of the following acts between family, intimate partners, or household members:
(a) attempting to cause or causing physical harm;
(b) placing another in fear of imminent serious physical harm;
(c) causing another to engage involuntarily in sexual relations by force, threat or duress;
(d) coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) isolating the other party from friends, relatives, or other sources of support;
(2) depriving the other party of basic necessities;
(3) controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services;
(4) compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
SECTION 5. Chapter 209A of the general laws is hereby further amended in section 3 in subsection (i) by inserting at the end of the third paragraph the following:-
“When reviewing a request to extend or renew an order, the court shall take into account sobriety and substance use recovery, based on independent medical standards, if substance use was a factor in issuing the original order. A lack of sobriety or continuing existence of substance use shall weigh in favor of extending or renewing the order.”
SECTION 6. Chapter 209A of the general laws is hereby further amended in section 7 in the fifth paragraph by striking out the first sentence and inserting in place thereof the following:-
“Any violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than five years in a house of correction, or by both such fine and imprisonment.”
SECTION 7. Chapter 209A is hereby further amended in section 7 by inserting after the word “compliance” at the end of the sixth paragraph the following sentence:-
“A defendant will not be relieved of his requirement to regularly attend a certified or provisionally certified batterer’s treatment program until said program can confirm in signed writing with the probation department that the defendant has shown marked improvements and has reached a level of understanding and reform that would deem them a non-threat to women. If the defendant is arrested or investigated by the police in connection with reports of domestic violence or sexual assault while enrolled with a certified batterer’s treatment program, said program shall be apprised of the arrest or investigation by the defendant’s probation officer.”
SECTION 8. Chapter 209A is hereby further amended in section 7 by inserting after the word “system” at the end of eighth paragraph the following new paragraph:-
“The removal or destroying of said global positioning satellite tracking device without judicial approval or without a showing of necessity to prevent greater harm shall constitute a felony with a mandatory minimum sentence of 2 years in a state prison.”
SECTION 9. Chapter 209A is hereby amended in section 9 by adding at the end the following:-
“The form of complaint shall be supplied without withholding to any person who requests said form and shall be made easily accessible to the public by the offices promulgating said form.”
SECTION 10. The administrative justices of the superior court, probate and family court, district court, and the Boston municipal court departments shall jointly promulgate a new form of complaint for use under Chapter 209A of the general laws pursuant to this act which shall include but not be limited to the following additional fields:
(1) a field wherein a petitioner may indicate whether they have reasonable cause to be in fear of their life at the time of the complaint form’s submission;
(2) a field wherein a petitioner may indicate whether they are a victim of coercive control, a form of abuse as provided in section 4 of this act.
SECTION 11. Chapter 258B of the general laws, as so appearing, is hereby amended in section 3 in paragraph (b) by adding at the end the following:-
“If the respondent or offender has obtained approval to reschedule a hearing or proceeding, the court shall postpone the commencement of the proceeding if the victim is not present and if they have received communication that the victim is in transit to the proceeding, provided that the court may begin the proceeding within one hour of learning that the victim is in transit. The court may within its discretion postpone the proceeding for any amount of time to allow the victim to be present. If the victim cannot be present for a hearing or proceeding that was rescheduled by the respondent, the court may allow the victim advocate probation officer to offer remarks on behalf of the victim.”
SECTION 12. Chapter 258B is hereby further amended in section 3 in paragraph (g) by inserting after the word “recommendation”, the second time it appears, the following:-
“The prosecutor shall provide ample time to confer with the victim to fully explain the position and answer questions or address concerns.”
SECTION 13. Chapter 258B is hereby further amended in section 3 in paragraph (p) by adding at the end the following:-
“The court has the discretion to allow a victim to make a statement at any time during the proceeding prior to sentencing. The court shall allow a victim of domestic violence abuse as defined in Section 1 of Chapter 209A to make a brief statement at a hearing or proceeding prior to sentencing in response to a statement by the defendant or his attorney regarding a violation of a protective order, a violation of a condition of release, improper tampering with a global positioning satellite tracking device system, or failure to disclose relevant information on such matters. A judge may allow the victim or victim advocate probation officer to stipulate facts provided by the respondent;”
SECTION 14. Chapter 258B is hereby further amended in section 3 by adding the following new subparagraph:-
“(x) In the event of a necessitated change in prosecutors assigned to the victim’s case, the victim shall have the right to confer with the new prosecutor for a minimum of one hour to discuss the facts of the case and familiarize the victim with the prosecutor.”
SECTION 15. This Act shall go into effect upon its passage.
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[]
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[]
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[]
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An Act relative to coercive control
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S1097
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SD2210
| 193
|
{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:33:59.17'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:33:59.17'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1097/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1097) of Patrick M. O'Connor for legislation relative to domestic abuse prevention. The Judiciary.
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Chapter 209A of the general laws, as so appearing, is hereby amended in section 1 by striking the definition of “Abuse” and replacing it with the following:-
''Abuse'', the occurrence of one or more of the following acts between family, intimate partners, or household members:
(a) attempting to cause or causing physical harm;
(b) placing another in fear of imminent serious physical harm;
(c) causing another to engage involuntarily in sexual relations by force, threat or duress;
(d) coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) isolating the other party from friends, relatives, or other sources of support;
(2) depriving the other party of basic necessities;
(3) controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services;
(4) compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
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[]
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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[]
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An Act relative to GPS tampering
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S1098
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SD2212
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:35:19.98'}
|
[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:35:19.98'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T10:06:51.51'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-26T12:07:16.5266667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/S1098/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1098) of Patrick M. O'Connor and Steven George Xiarhos for legislation relative to GPS tampering. The Judiciary.
|
Chapter 209A is hereby further amended in section 7 by inserting after the word “system” at the end of the eighth paragraph the following new paragraph:-
“The removal or destroying of said global positioning satellite tracking device without judicial approval or without a showing of necessity to prevent greater harm shall constitute a felony with a mandatory minimum sentence of 2 years in a state prison.”
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[]
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[]
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[]
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An Act to protect survivors of domestic violence
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S1099
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SD2215
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:48:22.207'}
|
[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:48:22.2066667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T10:06:45.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1099/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1099) of Patrick M. O'Connor and Steven George Xiarhos for legislation to protect survivors of domestic violence. The Judiciary.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be established a special commission to study the Commonwealth’s response to and resources for victims of domestic violence and sexual assault.
(a) The commission shall be comprised of the following members: the commissioner of probation; the director of the juvenile court probation department; the director of the probate and family court probation department; the director of the office of community corrections; the director of the electronic monitoring center; the executive director of the governor’s council to address sexual assault and domestic violence; an assistant attorney general to be appointed by the attorney general; the secretary of the executive office of public safety and security; the director of the Massachusetts office for victim assistance; two SAFEPLAN advocates to be appointed by the director of the Massachusetts office for victim assistance; the director of Jane Doe Inc. of Boston; the director of New Hope, Inc. of Attleboro; the director of the South Shore Resource and Advocacy Center; the director of the Massachusetts intimate partner abuse education program; a law enforcement officer with experience in domestic violence and sexual assault cases to be appointed by the governor; the head of the domestic violence unit within the Boston police department; and two survivors of domestic abuse to be appointed by the governor. The board shall be chaired by the director of the Massachusetts office for victim assistance. Each such member may appoint a designee to serve in the member's place.
(b) The commission shall analyze current resource offerings to victims of domestic violence and sexual assault; study the efficiency of state departments in maintaining victim safety, including but not limited to probation departments; consider ways to provide robust opportunities for victim and community engagement, ongoing analysis, and oversight of probation department policies, practices, and procedures; analyze income-based privileges and disadvantages for victims in participating with probation proceedings; consider ways to ensure that victims are part of the probation process while holding offenders accountable and simultaneously reducing the rates of recidivism; analyze probation violation reporting advisories and other written resources and whether they are helpful, understandable, and effective for victims; and determine the feasibility of a complaint communication tool for victims to report probation officer misconduct.
(c) The first meeting of the commission shall take place no later than December 1, 2023 and shall be organized by the director of the Massachusetts office for victim assistance.
(d) The commission shall produce a report of their findings and analysis along with any recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint Committee on the Judiciary no later than December 1, 2024.
SECTION 2. Chapter 276 of the general laws, as so appearing, is hereby amended by inserting the following new section:-
“Section 99C. Domestic violence and sexual assault probation unit
There shall be established in the superior court department, the Boston municipal court department, and divisions of the probate and family and district court departments a domestic violence and sexual assault probation unit within the court’s probation department. For the purposes of this section, the word “victim” shall mean a complainant that has filed a complaint under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic violence and sexual assault probation unit. The unit shall consist of:
(a) a domestic violence and sexual assault victim advocate who shall be stationed in the probation department and employed by an external non-profit organization whose mission includes but is not limited to advocating for victims of domestic violence and sexual assault by way of prevention and intervention services, receiving and handling victim complaints against probation officers, raising public awareness, and promoting safety and justice. The victim advocate shall act as the primary liaison between a victim that has filed a complaint and probation officers assigned to the victim’s open case. The victim advocate shall notify victims of any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General Laws, as amended by this act, as well as the contact information of the probation officer assigned to the respondent of the victim’s complaint. The victim advocate shall interact with certified batterer’s treatment programs if the respondent is so enrolled to obtain current information to provide associated probation officers. The victim advocate shall compile and maintain pertinent information as to the victim and their complaint, including but not limited to victim contact with release risk assessments, police reports relating to arrests and non-arrests, board of probation record, the interstate identification index, restraining orders and affidavits, victim statements, medical reports and photographs evidencing injury, and reports from certified batterer’s treatment programs.
(b) probation officers as established in section 83 of chapter 276 of the general laws who shall exclusively be assigned to cases and complaints involving domestic violence and sexual assault. Probation officers within the unit shall be assigned to an offender or respondent to a domestic violence or sexual assault case or complaint. The probation officer that is assigned to an offender or respondent shall continue to serve the same client if they are found to have re-offended or committed the same offense against the original victim or a new victim. Probation officers within the unit, in addition to the training and education set forth in section 85 of said chapter 276, shall attend a training course on domestic violence and sexual assault and interacting with offenders. Said training course shall be designed and certified by the Governor’s council to address sexual assault and domestic violence in collaboration with any affiliate non-profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified batterer’s treatment program and is found to be non-compliant with the requirements of the program, the probation officer shall surrender the assigned respondent or offender. During hearings and proceedings, probation officers shall disclose to the judge all material relative to the respondent’s conduct including but not limited to any contact with the victim, global positioning satellite tracking device maintenance, or violations of conditions of release.
SECTION 3. Chapter 276 of the general laws is hereby further amended in section 58A subsection (2) by inserting a new subparagraph after subparagraph (2)(B):-
“(C) subject to the condition that the person maintain or commence a certified batterers’ treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter 209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or of a violation of an order of protection issued under said chapter 209A in effect”
SECTION 4. Chapter 209A of the general laws is hereby further amended in section 3 in subsection (i) by inserting at the end of the third paragraph the following:-
“When reviewing a request to extend or renew an order, the court shall take into account sobriety and substance use recovery, based on independent medical standards, if substance use was a factor in issuing the original order. A lack of sobriety or continuing existence of substance use shall weigh in favor of extending or renewing the order.”
SECTION 5. Chapter 209A of the general laws is hereby further amended in section 7 in the fifth paragraph by striking out the first sentence and inserting in place thereof the following:-
“Any violation of such order or a protection order issued by another jurisdiction shall be punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than five years in a house of correction, or by both such fine and imprisonment.”
SECTION 6. Chapter 209A is hereby further amended in section 7 by inserting after the word “compliance” at the end of the sixth paragraph the following sentence:-
“A defendant will not be relieved of his requirement to regularly attend a certified or provisionally certified batterer’s treatment program until said program can confirm in signed writing with the probation department that the defendant has shown marked improvements and has reached a level of understanding and reform that would deem them a non-threat to women. If the defendant is arrested or investigated by the police in connection with reports of domestic violence or sexual assault while enrolled with a certified batterer’s treatment program, said program shall be apprised of the arrest or investigation by the defendant’s probation officer.”
SECTION 7. Chapter 209A is hereby amended in section 9 by adding at the end the following:-
“The form of complaint shall be supplied without withholding to any person who requests said form and shall be made easily accessible to the public by the offices promulgating said form.”
SECTION 8. The administrative justices of the superior court, probate and family court, district court, and the Boston municipal court departments shall jointly promulgate a new form of complaint for use under Chapter 209A of the general laws pursuant to this act which shall include but not be limited to the following additional fields:
(1) a field wherein a petitioner may indicate whether they have reasonable cause to be in fear of their life at the time of the complaint form’s submission;
(2) a field wherein a petitioner may indicate whether they are a victim of coercive control, a form of abuse as provided in section 4 of this act.
SECTION 9. Chapter 258B of the general laws, as so appearing, is hereby amended in section 3 in paragraph (b) by adding at the end the following:-
“If the respondent or offender has obtained approval to reschedule a hearing or proceeding, the court shall postpone the commencement of the proceeding if the victim is not present and if they have received communication that the victim is in transit to the proceeding, provided that the court may begin the proceeding within one hour of learning that the victim is in transit. The court may within its discretion postpone the proceeding for any amount of time to allow the victim to be present. If the victim cannot be present for a hearing or proceeding that was rescheduled by the respondent, the court may allow the victim advocate probation officer to offer remarks on behalf of the victim.”
SECTION 10. Chapter 258B is hereby further amended in section 3 in paragraph (g) by inserting after the word “recommendation”, the second time it appears, the following:-
“The prosecutor shall provide ample time to confer with the victim to fully explain the position and answer questions or address concerns.”
SECTION 11. Chapter 258B is hereby further amended in section 3 in paragraph (p) by adding at the end the following:-
“The court has the discretion to allow a victim to make a statement at any time during the proceeding prior to sentencing. The court shall allow a victim of domestic violence abuse as defined in Section 1 of Chapter 209A to make a brief statement at a hearing or proceeding prior to sentencing in response to a statement by the defendant or his attorney regarding a violation of a protective order, a violation of a condition of release, improper tampering with a global positioning satellite tracking device system, or failure to disclose relevant information on such matters. A judge may allow the victim or victim advocate probation officer to stipulate facts provided by the respondent;”
SECTION 12. Chapter 258B is hereby further amended in section 3 by adding the following new subparagraph:-
“(x) In the event of a necessitated change in prosecutors assigned to the victim’s case, the victim shall have the right to confer with the new prosecutor for a minimum of one hour to discuss the facts of the case and familiarize the victim with the prosecutor.”
SECTION 13. This Act shall go into effect upon its passage.
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[]
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Proposal for a legislative amendment to the Constitution for term renewal process
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S11
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SD1377
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:16:00.5'}
|
[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:16:00.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S11/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Lewis (by request), a petition (accompanied by proposal, Senate, No. 11) of Vincent Lawrence Dixon for a legislative amendment to the Constitution for term renewal process. The Judiciary.
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1.)The Constitution of The Commonwealth of Massachusetts, is hereby, and thus amended, to provide for the renewal of terms for judges, and other selected appointed officials, every ten years, by specific process of reappointment by the Governor, and reconfirmation by the
Honorable Governor’s Council, according to normal processes.
2.)The quality of justice, and that of judges, and similar officials, being a public policy concern of all persons of Massachusetts, this provision, respecting the continuing evolution of our legal systems; therefore these provisions are constructed, to secure those qualities, and the continued monitoring, and current updating, of those officials entrusted to such responsibilities.
3.)All appointments of judges, members of the Industrial Accident Board, and any other appointments, subject to appointment by the Governor of The Commonwealth, and affirmation, or confirmation, by the Governor’s Council, shall expire at the end of ten (10) years, subject to the proper qualification of their successors.
4.)Such individuals may be reappointed by the Governor, may be reviewed by such other review and vetting processes as are appropriate, and must be reaffirmed, or reconfirmed, by the Governor’s Council. No individual subject to reappointment, may serve in an active role, more
than six (6) months beyond their stipulated ten (10) years, without the completion of their renewed qualification process, by such Term Renewal provisions.
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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Resolve establishing a special commission on the treatment of intellectually and developmentally disabled offenders in the criminal justice system
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S110
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SD1989
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:28:12.557'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:28:12.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S110/DocumentHistoryActions
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Resolve
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By Ms. Lovely, a petition (accompanied by resolve, Senate, No. 110) of Joan B. Lovely that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to tthe treatment of intellectually and developmentally disabled offenders in the criminal justice system. Children, Families and Persons with Disabilities.
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Resolved, there shall be a special commission established to study and report on alternatives to the arrest and incarceration for individuals with developmental and intellectual disabilities. The report shall include, but not be limited to, findings and recommendations on: (i) existing options for diverting individuals with disabilities from incarceration; (ii) recommendations for improving the process by which individuals with disabilities are placed; (iii) techniques to identify individuals at risk due to developmental or intellectual disabilities or pervasive mental health conditions; (iv) techniques, services, and other resources to prevent exacerbation of issues.
The commission shall consist of the following 21 members: the secretary of health and human services or a designee, who shall serve as co-chair; the secretary of public safety and security or a designee, who shall serve as co-chair; the commissioner of the department of developmental services or a designee; the commissioner of the department of mental health or a designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on children, families and persons with disabilities; one member of the senate to be appointed by the president of the senate; one member of the senate to be appointed by the minority leader; one member of the house of representatives to be appointed by the speaker of the house of representatives; one member of the house of representatives to be appointed by the house minority leader of the house of representatives; the president of the Massachusetts Sheriffs’ Association or a designee; the president of the Massachusetts District Attorneys’ Association or a designee; the president of the Massachusetts Chiefs of Police or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Arc of Massachusetts; a representative from the Disability Law Center; a representative from the Disability Policy Consortium; a representative from the Center for Public Representation; a representative from Dignity Alliance Massachusetts; a representative from an organization involved with persons who are autistic, to be appointed by the governor; and a clinician with experience working with intellectually and developmentally disabled individuals in the criminal justice system, to be appointed by the governor.
The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the house of representatives and the senate not later than July 31, 2024.
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An Act establishing a domestic violence and sexual assault probation unit
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S1100
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SD2216
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:52:14.217'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T12:52:14.2166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T10:06:38.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1100/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1100) of Patrick M. O'Connor and Steven George Xiarhos for legislation to establish a domestic violence and sexual assault probation unit. The Judiciary.
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SECTION 1. Chapter 276 of the general laws, as so appearing, is hereby amended by inserting the following new section:-
“Section 99C. Domestic violence and sexual assault probation unit
There shall be established in the superior court department, the Boston municipal court department, and divisions of the probate and family and district court departments a domestic violence and sexual assault probation unit within the court’s probation department. For the purposes of this section, the word “victim” shall mean a complainant that has filed a complaint under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic violence and sexual assault probation unit. The unit shall consist of:
(a) a domestic violence and sexual assault victim advocate who shall be stationed in the probation department and employed by an external non-profit organization whose mission includes but is not limited to advocating for victims of domestic violence and sexual assault by way of prevention and intervention services, receiving and handling victim complaints against probation officers, raising public awareness, and promoting safety and justice. The victim advocate shall act as the primary liaison between a victim that has filed a complaint and probation officers assigned to the victim’s open case. The victim advocate shall notify victims of any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General Laws, as amended by this act, as well as the contact information of the probation officer assigned to the respondent of the victim’s complaint. The victim advocate shall interact with certified batterer’s treatment programs if the respondent is so enrolled to obtain current information to provide associated probation officers. The victim advocate shall compile and maintain pertinent information as to the victim and their complaint, including but not limited to victim contact with release risk assessments, police reports relating to arrests and non-arrests, board of probation record, the interstate identification index, restraining orders and affidavits, victim statements, medical reports and photographs evidencing injury, and reports from certified batterer’s treatment programs.
(b) probation officers as established in section 83 of chapter 276 of the general laws who shall exclusively be assigned to cases and complaints involving domestic violence and sexual assault. Probation officers within the unit shall be assigned to an offender or respondent to a domestic violence or sexual assault case or complaint. The probation officer that is assigned to an offender or respondent shall continue to serve the same client if they are found to have re-offended or committed the same offense against the original victim or a new victim. Probation officers within the unit, in addition to the training and education set forth in section 85 of said chapter 276, shall attend a training course on domestic violence and sexual assault and interacting with offenders. Said training course shall be designed and certified by the Governor’s council to address sexual assault and domestic violence in collaboration with any affiliate non-profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified batterer’s treatment program and is found to be non-compliant with the requirements of the program, the probation officer shall surrender the assigned respondent or offender. During hearings and proceedings, probation officers shall disclose to the judge all material relative to the respondent’s conduct including but not limited to any contact with the victim, global positioning satellite tracking device maintenance, or violations of conditions of release.
SECTION 2. Chapter 276 of the general laws is hereby further amended in section 58A subsection (2) by inserting a new subparagraph after subparagraph (2)(B):-
“(C) subject to the condition that the person maintain or commence a certified batterers’ treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter 209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or of a violation of an order of protection issued under said chapter 209A in effect”.
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An Act to protect victims of crimes and the public
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S1101
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SD2381
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T16:24:25.413'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T16:24:25.4133333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-27T15:01:13.67'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-03-22T13:43:30.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1101/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1101) of Patrick M. O'Connor and Kathleen R. LaNatra for legislation to protect victims of crimes and the public. The Judiciary.
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SECTION 1. Section 1A of chapter 263 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the word “felony” and inserting in place thereof the following word:- crime.
SECTION 2. Said section 1A of said chapter 263, as so appearing, is hereby further amended by adding the following sentence:- A judge may order that any person arraigned on a criminal charge at the time of arraignment or as soon thereafter as is practicable be photographed and fingerprinted according to the system of the department of state police by a law enforcement agency with jurisdiction over the charge, or by any other entity with that capability.
SECTION 3. The second paragraph of section 18B of chapter 265, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- No sentence imposed under the provisions of this section shall be for less or reduced to less than the minimum term of imprisonment. No person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution.
SECTION 4. Section 18C of said chapter 265, as so appearing, is hereby amended by adding the following sentence:- No sentence imposed under this section 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.
SECTION 5. Chapter 268 of the General Laws is hereby amended by inserting after section 13E the following section:-
Section 13F. Whoever unlawfully removes, destroys, damages, or interferes with the proper functioning of a geolocation monitoring device, breath-testing instrument, or other mechanism intended to facilitate recognizance or compliance with conditions of pretrial release, probation or parole, shall be punished by imprisonment in the state prison for not more than 10 years or imprisonment in a house of correction for not more than 2 and ½ years. In any proceeding under section 58, 58A, 58B or 59 of chapter 276, the fact of a person’s prior conviction pursuant to this section shall be prima facie evidence that there is no financial condition or other condition of release that will reasonably assure the presence of the person so convicted.
SECTION 6. Section 42A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first 6 paragraphs and inserting in place thereof the following paragraph:-
As part of the disposition of any criminal complaint involving a crime of abuse, as defined in section 57, the court may establish such terms and conditions of probation as will insure the safety of the person who has suffered such abuse or threat thereof, and will prevent the recurrence of such abuse or threat thereof.
SECTION 7. Said chapter 276 is hereby amended by striking out sections 57 through 58B, inclusive, as so appearing, and inserting in place thereof the following 6 sections:-
Section 57. (a) As used in sections 57 through 59, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Controlled substance”, the same meaning as in section 1 of chapter 94C.
“Crime of abuse”, a crime that involves assault and battery, trespass, threat to commit a crime, or any other criminal conduct and that involves the infliction, or the imminent threat of infliction, of physical harm upon a person by such person’s family or household member as defined in section 1 of chapter 209A; any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; or any act that would constitute abuse, as defined in section 1 of chapter 209A; or a violation of section 13M or 15D of chapter 265.
“Dangerous crime”, any of the following:
(A) a felony that has as an element of the crime the use, attempted use or threatened use of physical force against the person of another;
(B) the crimes of burglary or arson;
(C) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
(D) a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A;
(E) a sex offense involving a child as defined in section 178C of chapter 6;
(F) a violation of section 13B of chapter 268;
(G) a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 18B, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer;
(H) a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77 or 105 of chapter 272;
(I) a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B;
(J) a crime under chapter 94C for which the maximum term of imprisonment is more than 10 years;
(K) any violation of sections 102 or 102A, or a malicious violation of section 127 of chapter 266;
(L) a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or (m) of section 10 or section 11C of chapter 269;
(M) a violation of section 10A, 10E, or 10G of chapter 269;
(N) threats to kill, rape, or cause serious bodily injury;
(O) conspiracy or solicitation to commit any of the above enumerated crimes.
“Financial condition”, a secured or unsecured bond.
“Judicial officer”, a judge or a clerk or assistant clerk of the superior, district, Boston municipal, or juvenile court.
“Release order”, any order releasing a defendant on personal recognizance or on conditions, regardless of whether the defendant has satisfied any financial condition.
“Secured bond”, payment to the court of a specified amount of money that in the discretion of the judicial officer will reasonably assure the presence of a defendant, taking into consideration the defendant’s ability to pay.
“Unsecured bond”, a defendant’s promise to pay to the court a specified amount of money if the defendant does not appear before the court on a date certain or fails to abide by any conditions of release set under clause (B) of paragraph (1) of subsection (b) of section 58, such amount being an amount that in the discretion of the judicial officer will reasonably assure the presence of a defendant, taking into consideration the defendant’s ability to pay.
(b) Upon the appearance of a defendant charged with a crime, the judicial officer shall hold a hearing, at which the defendant and his counsel, if any, may participate and inquire into the case, to determine whether the defendant shall be released or detained pending trial of the case, as provided in this section and sections 58, 58A, and 58B. At the hearing, the judicial officer shall have immediate access to all pending and prior criminal offender record information, board of probation records, out of state criminal records, and police and incident reports related to the defendant, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.
At the conclusion of such hearing, the judicial officer shall issue an order that, pending trial, the defendant be:
(1) Released on personal recognizance under clause (A) of paragraph (1) of subsection (b) of section 58;
(2) Released on financial or other conditions under clauses (B) or (C) of paragraph (1) of subsection (b) of section 58;
(3) Detained under section 58A;
(4) Released on financial or other conditions under section 58A; or
(4) Temporarily detained to permit an opportunity for the attorney for the commonwealth to move for revocation of conditional release under section 58B.
(c) For a person who is arrested and not released under section 59, a hearing under section 58 shall take place no later than the next day that the superior, district, Boston municipal, or juvenile court in the place of jurisdiction is in session, provided that, in a case that involves a crime of abuse, (1) the commonwealth shall be the only party permitted to move for arraignment within 3 hours of a complaint being signed by a magistrate or a magistrate’s designee; and (2) a defendant arrested, who has attained the age of 18 years, shall not be released sooner than 6 hours after arrest, except by a judge in open court.
Any hearing under section 58A shall be held immediately upon the motion of the commonwealth unless the defendant, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the defendant may not exceed 5 business days, and a continuance on motion of the attorney for the commonwealth may not exceed 3 business days. During a continuance, the individual shall be detained. The commonwealth may move for an initial hearing under section 58A at any time before disposition of the case. Once a hearing under section 58A commences, the defendant shall be detained pending completion of the hearing.
In any pending case where the defendant has been first arraigned in the district, Boston municipal, or juvenile court and is subsequently arraigned in superior court for the same or related crimes arising out of the same incident, the superior court may conduct a new hearing under section 58 or, upon motion of the commonwealth, section 58A, provided that any order of the district, Boston municipal, or juvenile court concerning the defendant issued under section 58 or 58A shall remain in effect until such time as the superior court issues a new order under section 58 or 58A. In any such new hearing in the superior court, the judicial officer shall consider the defendant’s compliance with any previously ordered conditions of release.
Any hearing under section 58 may be reopened by the judicial officer, and any hearing under section 58A may be reopened by the judge. Any hearing under either section may also be reopened upon motion of the commonwealth or the defendant, provided that the judicial officer or judge determines by a preponderance of the evidence that: (1) information exists that was not known to the movant at the time of the hearing or there has been a material change in circumstances; and (2) such information or change in circumstances has a substantial bearing on the issue of whether the defendant’s detention, defendant’s release on conditions, or conditions imposed on the defendant are necessary and sufficient to reasonably assure the appearance of the defendant and the safety of any other person and the community. In any such reopened hearing, the judicial officer shall consider the defendant’s compliance with any previously ordered conditions of release.
Section 58. (a) Unless the attorney for the commonwealth has moved for detention under section 58A, the judicial officer shall order the pretrial release of a defendant on personal recognizance, subject to the condition that the defendant not commit a new crime during the period of release, unless the judicial officer determines, in the exercise of his or her discretion, that the release will not reasonably assure the appearance of the defendant or will endanger the safety of any other person or the community.
(b) If the judicial officer determines, in the exercise of his or her discretion, that the release described in subsection (a) will not reasonably assure the appearance of the defendant or will endanger the safety of any other person or the community:
(1) the judicial officer shall order the pretrial release of the defendant subject to:
(A) the condition that the defendant not commit a new crime during the period of release; and
(B) the least restrictive further condition, or combination of conditions, that the judicial officer determines will reasonably assure the appearance of the defendant, which may include the condition or combination of conditions that the defendant during the period of release shall:
(i) abide by specified restrictions on place of abode or travel;
(ii) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency;
(iii) refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance, except as prescribed or certified by a licensed medical practitioner;
(iv) submit to random testing to monitor compliance with any conditions ordered under subclause (iii);
(v) comply with a specified curfew or home confinement;
(vi) undergo medical, psychological, or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;
(vii) submit to electronic monitoring, provided that any condition of electronic monitoring may include either specified inclusion or exclusion zones or a curfew;
(viii) participate in a community corrections program pursuant to chapter 211F; provided, however, that the defendant shall consent to such participation;
(ix) participate in a notification program pursuant to subsection (c);
(x) provide an unsecured or secured bond to satisfy a financial condition that the judicial officer may specify; provided that a financial condition shall be set in an amount no higher than what would reasonably assure the appearance of the person before the court after taking into account the person’s financial resources; provided, however, that a higher than affordable financial condition may be set if neither alternative nonfinancial conditions nor an amount which the person could likely afford would adequately assure the person’s appearance before the court; and provided further that for crimes that do not carry a penalty of incarceration, no secured bond may be ordered unless the defendant has previously failed to appear on that charge; and
(xi) satisfy any other condition that is reasonably necessary to assure the appearance of the defendant; and
(C) the least restrictive further condition, or combination of conditions, that the judicial officer determines will reasonably assure the safety of any other person and the community, which may include the condition or combination of conditions that the defendant during the period of release shall:
(i) refrain from abusing and harassing any alleged victim of the charged crime and any potential witness who may testify concerning the charged crime;
(ii) stay away from and have no contact with an alleged victim of the charged crime and with any potential witness who may testify concerning the charged crime;
(iii) refrain from possessing a firearm, rifle, shotgun, destructive device, or other dangerous weapon;
(iv) comply with restrictions on personal associations, a curfew or home confinement;
(v) refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance except as prescribed or certified by a licensed medical practitioner;
(vi) undergo medical, psychological, or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;
(vii) submit to electronic monitoring, provided that any condition of electronic monitoring may include either specified inclusion or exclusion zones or a curfew;
(viii) satisfy any other condition that is reasonably necessary to assure the safety of any other person and the community.
(2) When setting any conditions under clause (B) of paragraph (1), the judicial officer shall consider where relevant the following factors concerning the defendant:
(A) financial resources;
(B) family ties;
(C) any record of convictions under the laws of the commonwealth or the laws of another state, the United States, or a military, territorial or Indian tribal authority;
(D) potential penalty the defendant faces;
(E) any illegal drug distribution or present drug dependency;
(F) any employment record;
(G) any history of mental illness;
(H) any flight to avoid prosecution or fraudulent use of an alias or false identification;
(I) any failure to appear at any court proceedings to answer to a charge;
(J) any prior violation of conditions of release, probation, or parole, or of a temporary or permanent order issued under section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
(K) the nature and circumstances of the crimes charged;
(L) whether the defendant was, at the time of the crime charged, on release pending adjudication, sentencing or appeal of a prior charge;
(M) whether the defendant was, at the time of the crime charged, under the supervision of the commissioner of probation, the parole board or any other comparable authority of this or another state or of the federal government.
(3) When setting any conditions under clause (C) of paragraph (1), the judicial officer shall consider where relevant the following factors concerning the defendant:
(A) any factors listed in clauses (B) through (M) of paragraph (2);
(B) whether the acts alleged involve a crime of abuse;
(C) any history of orders issued against the defendant pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; and
(D) any risk that the defendant will attempt to obstruct justice, or attempt to threaten, injure, or intimidate a prospective witness or juror.
(4) In establishing any financial condition under clause (B) of paragraph (1), any order must comply with the following requirements:
(A) A judicial officer may not impose a financial condition to assure the safety of any other person or the community, but may impose a financial condition when necessary to reasonably assure the defendant’s appearance.
(B) Where it appears, based on credible evidence, that the defendant lacks sufficient financial resources to post any secured bond required by the judicial officer, such that requiring such secured bond will result in the long-term pretrial detention of the defendant, the judicial officer must provide findings of fact and a statement of reasons for the decision, either in writing or orally on the record, confirming that the judicial officer considered the defendant's financial resources and explaining why the defendant's risk of non-appearance is so great that no alternative, less restrictive financial or nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings and explaining how the amount was calculated after taking the person’s financial resources into account and why the commonwealth’s interest in a financial condition outweighs the potential adverse impact on the person, their immediate family or dependents resulting from pretrial detention.
(C) When reconsidering or reviewing a financial condition in a case where a defendant has been detained due to his inability to meet the financial condition, a judicial officer shall consider the length of the defendant’s pretrial detention and the equities of the case.
(5) If the judicial officer imposes a financial condition, the clerk and assistant clerks of the court shall accept, without charging any fee, any money tendered in satisfaction of such financial condition during the regular business hours of that court.
(6) Before ordering the release of any defendant charged with a crime against the person or property of another, the judicial officer shall comply with the domestic abuse inquiry requirements of section 56A.
(7) In a release order issued under this section, the judicial officer shall:
(A) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant’s conduct; and
(B) If the defendant is not released on personal recognizance or unsecured bond, include a written summary of the reasons for denying such release and detailed reasons for imposing any financial condition; and
(C) Advise the defendant of:
(i) The consequences of violating a condition of release, including immediate arrest or issuance of a warrant for the defendant’s arrest, revocation of release, and, if applicable, the potential that the person may face criminal penalties, including penalties for violating section 13B of chapter 268; and
(ii) If the defendant is charged with a crime of abuse, informational resources related to domestic violence, which shall include, but shall not be limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.
(c) A person who has been charged with a crime shall provide the court with his or her cellular telephone number, if the defendant has such a device, unless the defendant opts out of the service provided under this subsection; provided, however, that upon the order of a judicial officer pursuant to subclause (ix) of clause (B) of paragraph (1) of subsection (b), a defendant may not opt out of such service. The court shall provide a service using a system of automated text messaging to remind criminal defendants of mandatory court appearance dates in advance of the date of such appearance. The court shall keep all information provided by a criminal defendant pursuant to this subsection confidential, and such information may not be used in any proceeding; provided, however, that the fact that a defendant did or did not participate in this system shall be marked on the docket and may be used in a proceeding if otherwise admissible.
(d) There shall not exist in the case of a person charged with murder a right to release pending trial; provided, however, that a judge may in his or her discretion, order a defendant so charged released subject to any conditions enumerated in paragraph (1) of subsection (b).
Section 58A. (a) Upon motion of the attorney for the commonwealth, the judge shall hold a hearing to determine whether any condition or combination of conditions set forth in section 58 will reasonably assure the safety of any other person and the community, in a case:
(1) where the defendant is charged with a dangerous crime; or
(2) where the defendant is charged with a crime for which the potential penalty includes a sentence to the house of correction or state prison and
(A) the defendant has been convicted of a dangerous crime, or has been convicted of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority; or
(B) there are specific, articulable facts and circumstances demonstrating a serious risk that the defendant may attempt to obstruct justice, or attempt to threaten, injure, or intimidate a law enforcement officer, an officer of the court, or a prospective witness or juror in any criminal investigation or judicial proceeding.
(b)(1) If, after a hearing, the judge finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community, the judge shall order that the defendant be detained pending trial. Such order shall:
(A) include written findings of fact and a written statement of the reasons for the detention;
(B) direct that the defendant be committed to a corrections facility separate, to the extent practicable, from persons serving sentences; and
(C) direct that the defendant be afforded reasonable opportunity for private consultation with counsel.
(2) If, after a hearing, the judge does not issue an order under paragraph (1), the defendant shall be released, pursuant to section 58, on personal recognizance or unsecured bond or on such conditions as the judge determines to be necessary to reasonably assure the safety of any other person and the community.
(c) In conducting a hearing under this section:
(1) the judge shall take into account available information concerning:
(A) any of the factors listed in paragraph (3) of subsection (b) of section 58 where relevant; and
(B) the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release;
(2) the defendant shall have the right to be represented by counsel at a hearing under this section and, if financially unable to obtain adequate representation, to have counsel appointed;
(3) the defendant shall be afforded an opportunity to testify;
(4) the defendant shall be afforded an opportunity to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise; provided, however, that before issuing a summons to an alleged victim, or a member of the alleged victim’s family, to appear as a witness at the hearing, the defendant shall demonstrate to the court a good faith and reasonable basis for believing that the testimony from the witness will be material and relevant to support a conclusion that the defendant should not be detained; and
(5) the law concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at a hearing under this section.
(d) When a defendant has been released pursuant to section 58 and the attorney for the commonwealth subsequently files a motion seeking to detain the defendant under this section, the attorney for the commonwealth may file such motion ex parte. Upon such ex parte filing, the court may, for good cause shown, issue a warrant for the defendant’s arrest to secure his presence for such hearing. Any such hearing shall occur as otherwise set forth in this section.
(e) A defendant detained under this section shall be detained until the disposition of the case and shall brought to trial as soon as reasonably possible.
(f) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.
Section 58B. (a) A defendant who has been released after a hearing pursuant to section 58, 58A, 59 or 87 and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention following a motion by the attorney for the commonwealth and a hearing as provided below. If there is probable cause to believe that, while on release, the defendant committed a felony or a dangerous crime a rebuttable presumption shall arise that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community.
(b) The judge shall enter an order of revocation and detention if after a hearing the judge finds:
(1) that there is probable cause to believe that the defendant has committed a felony or dangerous crime while on release; and
(2) by a preponderance of the evidence, that there are no conditions of release that will reasonably assure the defendant will not pose a danger to the safety of any other person or the community, or the defendant is unlikely to abide by any condition or combination of conditions of release.
(c) The judge may enter an order of revocation and detention if after a hearing the judge finds that there is probable cause to believe that the defendant has committed any crime while on release or clear and convincing evidence that the defendant has violated any other condition of release.
(d) If, following a hearing under this section, the judge does not issue a revocation order, the judge may issue a release order that may include any condition or combination of conditions of release set forth in clauses (B) and (C) of paragraph (1) of subsection (b) of section 58.
(e) Upon the defendant’s first appearance before the judge in the court which that conduct proceedings for revocation of a release order under this section, the hearing concerning revocation shall be held immediately unless the defendant or the attorney for the commonwealth seeks a continuance. During a continuance the defendant shall be detained. Except for good cause, a continuance on motion of the defendant shall not exceed 5 business days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed 3 business days.
(f) A defendant detained under an order of revocation and detention shall be detained until the disposition of the case and shall be brought to trial as soon as reasonably possible.
(g) Where a person who is released under section 58, 58A, this section or 59 is the subject of a new criminal charge, the probation officer of the court issuing the new criminal charge shall notify the probation officer and the attorney for the commonwealth for the court or courts that have ordered the defendant’s release on any earlier criminal charges
Section 58C. In a case involving a crime of abuse or a dangerous crime with an identified victim, no person shall be released pursuant to section 58, 58A, 58B or 59 before the alleged victim is notified of the defendant’s imminent release; provided, however, that the defendant shall not be held more than 6 hours in order to permit prior notice to the alleged victim.
When a defendant is to be released from the custody of a police department, such notice shall be provided by the police department. When a defendant is to be released from a courthouse, such notice shall be provided by the attorney for the commonwealth. When a defendant is to be released from a jail or correctional facility, such notice shall be provided by the superintendent. The person or agency responsible for providing notice shall undertake to provide notice promptly.
Section 58D. Either the defendant or the attorney for the commonwealth, if aggrieved by the entry of an order or granting or denial of a motion under section 58, 58A or 58B by the district, Boston municipal or juvenile court, may petition the superior court for a review of such decision. Upon entry of such order or ruling on such motion, the justice of the district, Boston municipal or juvenile court shall immediately notify a defendant of his right to file a petition for review in the superior court. The trial court shall establish rules for the filing of such petitions, scheduling the hearing of such petitions and ensuring the transmission of necessary information to the superior court and notice to the parties and the probation department. The superior court shall in accordance with such rules, hear the petition for review as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. The superior court may, after a hearing on the petition for review, grant the petition only upon a finding that the decision of the district, Boston municipal or juvenile court was the result of an error of law or abuse of discretion.
Section 59. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Bail commissioner”, a person other than a statutorily authorized magistrate or a superior court assistant clerk appointed by the trial court to admit people to bail after court hours.
“Bail magistrate”, a clerk-magistrate or assistant clerk-magistrate of the district, Boston municipal, or juvenile court departments, or a clerk of court of the superior court department or an assistant clerk of the superior court who has been approved by the trial court to admit people to bail after court hours.
(b) Except as provided in subsection (n), a bail commissioner or bail magistrate shall order the pretrial release of a person arrested and charged with a crime on personal recognizance subject to the condition that the person not commit a new crime during the period of release, unless the bail commissioner or bail magistrate determines that release on personal recognizance will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community. Prior to issuing a release order or any other order under this section, the bail commissioner or bail magistrate shall have immediate access to all pending and prior criminal offender record information, board of probation records, out of state criminal records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.
(c) If the bail commissioner or bail magistrate determines that a release on personal recognizance subject to the condition that the person not commit a new crime during the period of release will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community, the bail commissioner or bail magistrate shall order the pretrial release of the person subject to:
(1) the condition that the person not commit a new crime during the period of release; and
(2) the least restrictive further condition, or combination of conditions, that the bail commissioner or bail magistrate determines will reasonably assure the appearance of the person and the safety of any other person and the community, which may include the condition or combination of conditions that the person during the period of release shall:
(A) abide by specified restrictions on place of abode or travel;
(B) refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance, except as prescribed or certified by a licensed medical practitioner;
(C) comply with restrictions on personal associations, a curfew or home confinement;
(D) refrain from abusing and harassing any alleged victim of the charged crime and any potential witness who may testify concerning the charged crime;
(E) stay away from and have no contact with an alleged victim of the charged crime and with any potential witness who may testify concerning the charged crime;
(F) refrain from possessing a firearm, rifle, shotgun, destructive device, or other dangerous weapon;
(G) provide unsecured or secured bond to satisfy a financial condition that the bail commissioner or bail magistrate may specify; or
(H) satisfy any other condition that is reasonably necessary to assure the appearance of the person or the safety of any other person or the community.
When setting conditions under this subsection, the bail commissioner or bail magistrate shall consider, where relevant, the factors set forth in paragraphs (2) and (3) of subsection (b) of section 58.
(d) In a case that meets the criteria set forth in subsection (a) of section 58A, the bail commissioner or bail magistrate shall order the person held until the next day that court is in session unless the bail commissioner or bail magistrate determines that some condition or combination of conditions will reasonably assure the safety of any alleged victim, any witness to the alleged crime and the community. In making this determination, the bail commissioner or bail magistrate shall consider the factors set forth in subsection (c) of section 58A. The bail commissioner or bail magistrate shall memorialize such determination in a written statement of reasons.
(e) Bail commissioners and bail magistrates may not impose a financial condition to assure the safety of any other person or the community, but may impose a financial condition when necessary to reasonably assure the person’s appearance.
(f) Before issuing any release order under this section for a person who has been charged with a new crime while released pending adjudication of a prior charge or who is on probation, the bail commissioner or bail magistrate shall contact the probation service electronic monitoring center to inform the service of the person’s arrest and charge.
(g) In a release order issued under this section, the bail commissioner or bail magistrate shall advise the person of:
(1) The consequences of violating a condition of release, including immediate arrest or issuance of a warrant for the person’s arrest, revocation of release, and, if applicable, the potential that the person may face criminal penalties, including penalties for violating section 13B of chapter 268; and
(2) if the person is charged with a crime of abuse, informational resources related to domestic violence, which shall include, but are not limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.
(h) The terms and conditions of any order by the bail commissioner or bail magistrate shall remain in effect until the person is brought before the court for arraignment.
(i) When a bail commissioner or bail magistrate releases a person on conditions under subsection (c), the bail commissioner or bail magistrate shall record the conditions and provide a copy of such conditions to the person and the detaining authority and shall transmit a copy to the court.
(j) If a person released on conditions by a bail commissioner or bail magistrate under subsection (b) or (c) violates any such condition, the person may be subject to an order of revocation of release and detention pursuant to section 58B.
(k) All bail commissioners and bail magistrates authorized to release a person on recognizance, release a person on conditions, or detain a person under this section shall be governed by rules established by the chief justice of the trial court, subject to review by the supreme judicial court.
(l) Nothing in this section shall authorize a bail commissioner or bail magistrate to release a person arrested and charged with murder or a person arrested and charged with a crime of abuse while an order of protection under chapter 209A was in effect against such person.
SECTION 8. Said chapter 276 is hereby further amended by inserting after section 82Athe following section:-
Section 82B. A person who is found violating any condition ordered under section 58 of chapter 119, section 58, 58A, 58B, 59, or 87 of this chapter, or section 1 or 1A of chapter 279, or any other condition of probation imposed by a court after conviction or admission to sufficient facts, or any term or condition of parole imposed by the parole board, may be arrested by a sheriff, deputy sheriff or police officer and kept in custody in a convenient place, not more than 24 hours, Sunday excepted, until notice of the violation can be given to the probation service, and such person be taken before the court upon a warrant issued by the probation service; or, in the case of a person under parole supervision, to the parole board.
SECTION 9. Subsection (a) of section 25 of chapter 279 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- 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.
SECTION 10. There shall be a task force on criminal history data enhancements. The task force shall develop recommendations for enhancements to the criminal history information available to bail commissioner, bail magistrates, judicial officers, prosecutors and defense counsel that will allow actors in the criminal justice system to make more informed recommendations and decisions regarding questions of pre-trial release and allow for access to pre-trial release conditions by law enforcement. The task force shall consider the value, cost and practicality of adding to a defendant’s criminal history information regarding determinations of dangerousness, custody status, release conditions, reasons for detention, incidents of non-compliance with any conditions of pre-trial release and decisions regarding revocation of release. The task force shall identify, with respect to each recommendation, whether it requires legislation and, if so, prepare draft legislation.
The task force shall be comprised of the following persons or their designees: the secretary of the executive office of public safety and security, who shall serve as chair; the secretary of the executive office of technology services and security; the chief justice of the trial court; the commissioner of probation; the president of the Massachusetts district attorneys association; the chief counsel of the committee for public counsel services; and the president of the Massachusetts chiefs of police association. The task force shall consult with other individuals who have relevant expertise as needed.
The task force shall, within 180 days of the passage of this bill, submit its recommendations to the governor and to the clerks of the senate and house of representatives and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary
SECTION 11. Subsection (c) of section 58 of chapter 276 shall take effect on July 1, 2023.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to strengthen the protections for victims of crime and the public of statutes under which the judicial system decides questions relating to the pre-trial release of dangerous persons, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience.
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An Act relating to threats of suicide while in court custody (Stavri’s Law)
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S1102
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SD645
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-17T15:02:51.02'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-17T15:02:51.02'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T08:50:13.3966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:26:37.24'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-17T15:07:23.5666667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-08T11:21:41.3333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-13T10:58:07.58'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T15:48:03.55'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1102/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1102) of Jacob R. Oliveira, Mathew J. Muratore, Patrick M. O'Connor, Josh S. Cutler and others for legislation relative to threats of suicide while in court custody (Stavri’s Law). The Judiciary.
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SECTION 1. This act shall be known as “Stavri’s Law”.
SECTION 2. Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 36A the following section:
Section 36A1/2. Whenever a person in the custody of court officials makes a suicidal threat or engages in suicidal behavior, the Court shall record in the department of criminal justice information services computer the name, address, and the age of such person, reason for such detention and the nature and date of any suicidal threat or behavior.
Whenever a person is the subject of a civil commitment petition pursuant to MGL c. 123, based on suicidal threats or behavior (whether or not such petition is granted), the Court shall record in the department of criminal justice information services computer the name, address, and the age of such person, reason for such detention (if any) and the nature and date of any suicidal threat or behavior indicated in the commitment process.
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An Act relative to due process
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S1103
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SD1205
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T11:32:31.433'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T11:32:31.4333333'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-19T11:32:31.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1103/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1103) of Jacob R. Oliveira and John J. Lawn, Jr. for legislation relative to due process. The Judiciary.
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Chapter 6E of the General Laws is amended by adding the following sentence after the second sentence in sec.10(f):
“For all decisions of the Commission resulting in suspensions in excess of 2 weeks or decertification, the CH.30A appeal shall include a de novo review.”
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An Act protecting homeowners from unnecessary foreclosures
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S1104
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SD1216
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T12:08:17.49'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T12:08:17.49'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:29:39.0733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1104/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1104) of Jacob R. Oliveira and Rebecca L. Rausch for legislation to protect homeowners from unnecessary foreclosures. The Judiciary.
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Section 35C of chapter 244 of the General Laws is hereby amended by striking out subsection (h) and replacing it with the following:-
(h) In all circumstances in which an entity with a tax-exempt filing status under section 501(c)(3) of the Internal Revenue Code, or an entity controlled by an entity with such tax exempt filing status:-
a. Offers to purchase either a mortgage loan or residential property, no creditor shall require as a condition of sale or transfer to any such entity any affidavit, statement, agreement or addendum limiting ownership or occupancy of the residential property by the borrower and, if obtained, such affidavit, statement, agreement or addendum shall not provide a basis to avoid a sale or transfer nor shall it be enforceable against such acquiring entity or any real estate broker, borrower or settlement agent named in such affidavit, statement or addendum.
b. Obtains from a person acquiring or re-acquiring a residential property any mortgage, note, or security instrument encumbering such residential property that secures the contingent right of the entity to receive a share of the appreciation in value of such residential property upon the sale, conveyance, assignment, or other transfer thereof, upon refinancing of the first priority mortgage loan, or other payoff or satisfaction thereof, or upon the occurrence of other events, including reaching a defined maturity date, said entity shall not be liable for monetary relief, injunctive relief, or other equitable relief at common law or by statute, including Chapter 93A, Chapter 140D, Chapter 183C, and/or Chapter 271, Section 49 of the General Laws, for the use or terms of said mortgage, note, or security instrument so long as such person is advised, in advance of the closing of such person’s acquisition or re-acquisition of such residential property, that such person will be required to give such a mortgage, note, or security instrument to such entity at the closing.
c. The Attorney General may make rules and regulations interpreting subsection 35C(h)b. of this chapter.
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An Act establishing a sick leave bank for Christopher Trigilio, an employee of the trial court
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S1105
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SD1813
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T01:46:02.847'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T01:46:02.8466667'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-20T01:46:02.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1105/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1105) of Jacob R. Oliveira and Orlando Ramos for legislation to establish a sick leave bank for Christopher Trigilio, an employee of the trial court. The Judiciary.
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Notwithstanding any general or special law to the contrary, the trial court of the commonwealth shall establish a sick leave bank for Christopher Trigilio, an employee of the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Christopher Trigilio. If Christopher Trigilio terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S1105', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S1105/Branches/Senate/Amendments/1/'}]
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An Act specifying an electronic system to ensure that sales of certain products containing pseudoephedrine (PSE) do not exceed limits established under federal law
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S1106
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SD881
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-17T14:03:21.32'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-17T14:03:21.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1106/DocumentHistoryActions
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 1106) of Pavel M. Payano for legislation to specify an electronic system to ensure that sales of certain products containing pseudoephedrine (PSE) do not exceed limits established under federal law. The Judiciary.
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SECTION 1. Chapter 94C of the General Laws is hereby amended by inserting after section 49 the following section:-
Section 50. (a) Definitions. The following definitions apply to this section 50.
(1) "Real-time stop sale system" means a system intended to be used by law enforcement agencies and pharmacies or other business establishments that:
(A) is installed, operated, and maintained free of any one-time or recurring charge to the business establishment or to the state;
(B) is able to communicate in real time with similar systems operated in other states and similar systems containing information submitted by more than one state;
(C) complies with the security policy of the Criminal Justice Information Services division of the Federal Bureau of Investigation;
(D) complies with information exchange standards adopted by the National Information Exchange Model;
(E) uses a mechanism to prevent the completion of a sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that would violate state or federal law regarding the purchase of a product containing those substances; and
(F) is equipped with an override of the mechanism that:
(i) may be activated by an employee of a business establishment; and
(ii) creates a record of each activation of the override.
(b)(1) A retailer shall not sell to the same person, and a person shall not purchase, products containing more than three and six tenths (3.6) grams per day or more than nine (9) grams per thirty day period of ephedrine or pseudoephedrine base, or their isomers. The limits shall apply to the total amount of base ephedrine and pseudoephedrine contained in the products, and not the overall weight of the products.
(2) Nonprescription products containing pseudoephedrine or ephedrine shall be maintained behind the counter or in a locked case where the customer does not have direct access.
(c) The retailer shall require any person purchasing a nonprescription product that contains pseudoephedrine or ephedrine to present valid government issued photo identification at the point of sale. The retailer shall record the name and address of the purchaser; name and quantity of product purchased; date and time purchased; and purchaser identification type and number, such as driver license state and number, and require the purchaser’s signature in a logbook.
(d) Beginning January 1, 2024, a retailer shall, before completing a sale under this section, electronically submit the required information to the real-time stop sale system administered by the department of public health or such other appropriate state agency; provided that the system is available without a charge to retailers for access. Absent negligence, wantonness, recklessness, or deliberate misconduct, any retailer utilizing the electronic sales tracking system in accordance with this subdivision shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party unless the retailer has violated any provision of this subsection in relation to a claim brought for such violation.
(e) If a retailer selling a nonprescription product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain a written log or an alternative electronic recordkeeping mechanism until such time as the retailer is able to comply with the electronic sales tracking requirement.
(f) The vendor of the real time stop sale system shall forward state transaction records in the real-time stop sale system to the appropriate state agency weekly, and provide real-time access to the real-time stop sale system information through the system’s online portal to law enforcement in the state as authorized by the agency.
(g) This system shall be capable of generating a stop sale alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in this section. The seller shall not complete the sale if the system generates a stop sale alert. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if they do not complete a sale. Each instance in which the override function is utilized shall be logged by the system.
(h) A violation of any provision of this section is a misdemeanor, punishable by fine only, not to exceed $1,000 for a first violation of this section, and not to exceed $5,000 for any subsequent violation. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).
(i) This section does not apply to a person who obtains the product pursuant to a valid prescription.
(j) This section shall preempt and supersede any local laws or ordinances regulating sales of products containing pseudoephedrine or ephedrine.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act relative to pre-adjudication credit for juvenile offenders
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S1107
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SD2263
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T11:29:05.88'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T11:29:05.88'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 1107) of Pavel M. Payano for legislation relative to pre-adjudication credit for juvenile offenders. The Judiciary.
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SECTION 1a. Section 58 of Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the word “maturity” in line 65 the following:- the period of time the child spent in a secure detention facility awaiting trial;
SECTION 1b. Section 58 of Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the fifth paragraph the following paragraph:
The court shall order that a child, who receives either a sentence as provided by the law or a combination sentence pursuant to this section, be deemed to have served a portion of their adult sentence pursuant to Chapter 279 Section 33A.
SECTION 2. Section 68 of chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following paragraph:-
The department shall prepare and submit a report to the court prior to disposition for children who are detained under this section that includes the period of time the child spent in a secure detention facility.
SECTION 3. Section 5 of Chapter 120 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following subsection:-
(f) The department shall consider the period of time spent in a secure detention facility while awaiting trial when determining the length of confinement.
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An Act prohibiting body size discrimination
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S1108
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SD392
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:11:07.853'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:11:07.8533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T15:42:02.2566667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-29T16:38:48.6133333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1108) of Rebecca L. Rausch and Sal N. DiDomenico for legislation to prohibit body size discrimination. The Judiciary.
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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 repealing the criminalization of blasphemy
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S1109
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SD992
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:47:36.29'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:47:36.29'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1109) of Rebecca L. Rausch for legislation to repeal the criminalization of blasphemy. The Judiciary.
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Section 36 of chapter 272 of the General Laws is hereby repealed.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act establishing a commission on the status of children and youth
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S111
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SD1990
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:30:20.97'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:30:20.97'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 111) of Joan B. Lovely for legislation to establish a commission on the status of children and youth. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 71. (a) There shall be a permanent commission on the status of children and youth to consist of 20 persons, 5 of whom shall be appointed by the governor, 4 of whom shall be appointed by the speaker of the house of representatives, 4 of whom shall be appointed by the president of the senate, one of whom shall be the child advocate and 6 of whom shall be appointed by the student advisory council to the board of education established in section 1E of chapter 15; provided, however, that not more than 2 such persons shall be from the same regional student advisory council. Members of the commission shall be drawn from diverse racial, ethnic, religious, sexual orientation and socio-economic backgrounds; provided, however, that no member at the time of appointment or re-appointment shall be older than 21 years of age. Members shall be subject to chapter 268A as it applies to special state employees.
(b) Members shall serve terms of 3 years and until their successors are appointed. A vacancy in the membership of the commission shall be filled by the original appointing authority for the remainder of the unexpired term. Appointments shall be made in consultation with organizations that focus on children and youth including, but not limited to, the Massachusetts Boys State program, the Massachusetts Girls State program, the YMCA Youth in Government program, the Massachusetts Student Government Day program, the Boys and Girls Clubs of Massachusetts, Teens Leading the Way, the Children’s League of Massachusetts, Massachusetts Citizens for Children, Generation Citizen, the Massachusetts Service Alliance, City Year, the Robert F. Kennedy Children’s Action Corps, the Children’s Mental Health Campaign, the Massachusetts Special Commission on Unaccompanied Homeless Youth, and the Mass Mentoring Partnership. One member is to be a youth aging out of foster care. Terms of office shall commence annually on October 1 and nominations for vacancies shall be solicited annually between May 1 and June 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it deems necessary.
(d) The members of the commission shall serve without compensation but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(e) The commission shall conduct an ongoing study of all matters concerning children and youth and shall be guided by the tenets of the United Nations Convention on the Rights of the Child and the Declaration and Plan of Action for the survival, development and protection of children and youth adopted by the World Summit on Children in 1990. In furtherance of that responsibility, the commission shall: (i) study, review and report on the status of children and youth in the commonwealth; (ii) inform leaders of business, education, health care, state and local governments and the communications media of issues pertaining to children and youth; (iii) serve as a liaison between government and private interest groups concerned with issues affecting children and youth; (iv) serve as a clearinghouse for information on issues pertaining to children and youth; (v) identify and recommend qualified youth for appointive positions at all levels of government, including boards and commissions, as the commission deems necessary and appropriate; (vi) assess programs and practices in all state agencies as they affect children and youth, as the commission deems necessary and appropriate; (vii) advise executive and legislative bodies on the effect on children and youth of proposed legislation, as the commission deems necessary and appropriate; (viii) promote and facilitate collaboration among local youth commissions and youth organizations, as the commission deems necessary and appropriate; (ix) organize programs to celebrate the positive contributions of children and youth including, but not limited to, the observance of Youth Honor Day established in section 15G of chapter 6 and the observance of Youth in Government Day established in section 15WW of said chapter 6; (x) establish a commonwealth award for exemplary community service which shall be presented to a graduating senior in each high school in cooperation with Massachusetts Secondary School Administrators’ Association; and (xi) encourage programs that enhance the civic knowledge and engagement of youth in the democratic process with the goal of producing active and engaged citizens. The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and the house of representatives.
(f) The commission may: (i) use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (ii) recommend policies and make recommendations to agencies and officers of state and local governments to effectuate the purposes of subsection (e); (iii) select an executive director and acquire adequate staff to perform its duties, subject to appropriation; (iv) establish and maintain such offices as it deems necessary, subject to appropriation; (v) enact by-laws for its own governance; (vi) hold regular, public meetings and fact-finding hearings and other public forums as it may consider necessary; (vii) exercise such other powers as it deems necessary to perform its duties.
(g) The commission shall meet at least quarterly, at the members’ discretion. The governor, speaker of the house of representatives, president of the senate and designated members of the senate and house of representatives shall be invited to attend the monthly meetings on a rotating basis as determined by the commission.
(h) (1) The commission may request from state agencies such information and assistance as the commission may require.
(2) The commission may accept and solicit funds, including any gifts, donations, grants, bequests and federal funds for the purposes of the commission. Such funds shall be deposited in a separate account with the state treasurer and shall be expended by the commission in accordance with law.
(i) There shall be an advisory council to the commission which shall serve co-terminously with the governor and shall consist of the commissioner of elementary and secondary education or a designee; the commissioner of early education and care or a designee; the commissioner of higher education or a designee; the commissioner of youth services or a designee; the chief justice of the juvenile court or a designee, the commissioner of juvenile probation or a designee; the house and senate chairs of the joint committee on children, families and persons with disabilities or their designees; and the house and senate chairs of the joint committee on education or their designees. The governor shall additionally appoint members from organizations that focus on children and youth; provided, however, that the governor shall appoint 1 member from each of the following organizations from nominees submitted by the Massachusetts Boys State program, the Massachusetts Girls State program, the YMCA Youth in Government program, the Massachusetts Student Government Day program, the Boys and Girls Clubs of Massachusetts, Teens Leading the Way, the Children’s League of Massachusetts, Massachusetts Citizens for Children, Generation Citizen, the Massachusetts Service Alliance, City Year, the Robert F. Kennedy Children’s Action Corps, the Children’s Mental Health Campaign, and the Mass Mentoring Partnership. There shall be a co-chair appointed from among the executive branch representatives, a co-chair appointed from among the legislative representatives and a co-chair appointed from among the judicial branch representatives.
SECTION 2. Notwithstanding section 71 of chapter 3 of the General Laws, the initial members of the commission on the status of children and youth shall be appointed for the following terms: (i) the governor shall appoint 2 members for a term of 1 year, 2 members for a term of 2 years and 1 member for a term of 3 years; (ii) the speaker of the house of representatives shall appoint 2 members for a term of 1 year, 1 member for a term of 2 years and 1 member for a term of 3 years; (iii) the president of the senate shall appoint 2 members for a term of 1 year, 1 member for a term of 2 years and 1 member for a term of 3 years; and (iv) the student advisory council to the board of education shall appoint 1 member for a term of 1 year, 2 members for a term of 2 years and 3 members for a term of 3 years.
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An Act supporting consenting young adults
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S1110
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SD1017
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T18:07:44.513'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T18:07:44.5133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T21:10:52.22'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1110) of Rebecca L. Rausch and Jack Patrick Lewis for legislation relative to support consenting young adults. The Judiciary.
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SECTION 1. Section 13B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “prosecuted” the following words:- unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years.
Notwithstanding the provisions of section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court.
SECTION 2. Said chapter 265, as so appearing, is hereby further amended by striking out section 23 and inserting in place thereof the following:-
Section 23. Whoever has sexual intercourse or unnatural sexual intercourse with a minor under 16 years of age, unless the defendant is not more than 2 years older than the minor and the minor has attained the age of 13 years, shall be punished by imprisonment in the state prison for life or for any term of years or, except as otherwise provided, for any term in a jail or house of correction. A prosecution commenced under this section shall not be placed on file or continued without a finding.
Notwithstanding the provisions of section 54 of chapter 119 or any other general or special law to the contrary, in a prosecution under this section in which the defendant is under the age of criminal majority at the time of the offense, the commonwealth shall only proceed by complaint in juvenile court or in a juvenile session of a district court.
SECTION 3. Section 4 of chapter 272 of the General Laws is hereby repealed.
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An Act relative to civil asset forfeiture transparency and data reporting
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S1111
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SD1328
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:25:12.123'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:25:12.1233333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1111) of Rebecca L. Rausch for legislation relative to civil asset forfeiture transparency and data reporting. The Judiciary.
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SECTION 1: Section 24W of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsections:-
(g) The attorney general, each district attorney and each police department shall file an annual report with the executive office for administration and finance, the senate and house committees on ways and means and the joint committee on the judiciary detailing all assets, money and proceeds from the sale of assets seized pursuant to this section. The report shall provide an itemized accounting for each seizure and forfeiture as required by section 47 of chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
SECTION 2: Section 47 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding the following 2 subsections:-
(m) The executive office of administration and finance shall establish and maintain a case tracking system and searchable public website that includes the following information about any property seized or forfeited under state law: (i) the name of the law enforcement agency that seized the property; (ii) the date of the seizure; (iii) the type and a description of the property seized, including the make, model and year of any motor vehicle; (iv) the zip code of location of the seizure; (v) the estimated value of the property seized; (vi) whether the property seized was transferred to federal government; (vii) the crime charged, if any, related to the property that was seized; (viii) the outcome of any charged crime under clause (vii); (ix) the criminal case number, if charged; (x) the forfeiture case number; (xi) the type of forfeiture proceeding; (xii) whether a property owner who files a claim or counterclaim, if applicable, was suspected of committing a crime, an owner who was not suspected of committing a crime, a lienholder or another party or whether there was no such filing by any party; (xiii) whether there was a default judgment, forfeiture settlement or consent agreement; (xiv) the date of the forfeiture order; (xv) whether the property was returned to the owner, partially returned to the owner, sold, destroyed or retained by a law enforcement agency or is pending disposition; and (xvi) the total value of property forfeited, including currency and proceeds from the sale of property, excluding the value of contraband. Nothing in this subsection shall allow for the publication of information in violation of any law or regulation relating to criminal offender record information or personally identifiable information, or any other applicable privacy law. If an agency has made no seizures or forfeitures during the previous year, a null report shall be filed by the agency specifying that it did not engage in seizures or forfeitures during the reporting period. The executive office may adopt rules necessary to implement this subsection.
(n) Annually, not later than January 31, the committee on public counsel services, in collaboration with the trial court of the commonwealth, shall submit an annual report to the senate and house committees on ways and means and the joint committee on the judiciary on the provision of public counsel representation under this section, including, but not limited to, the: (i) total number of cases involving public counsel representation under this section; (ii) number of such cases where the property owner is a criminal defendant represented by public counsel in a related criminal trial; and (iii) number of such cases where the property owner is not a criminal defendant.”.
SECTION 3. Section 56 of chapter 265 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by adding the following subsections:-
(k) The attorney general, each district attorney and each police department shall file an annual report with the executive office for administration and finance, the senate and house committees on ways and means and the joint committee on the judiciary detailing all assets, money and proceeds from the sale of assets seized pursuant to this section. The report shall provide an itemized accounting for each seizure and forfeiture as required by section 47 of chapter 94C. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
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An Act establishing a bill of rights for people experiencing homelessness
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S1112
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SD1332
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:28:35.833'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:28:35.8333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T13:28:20.0366667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-28T13:28:11.1766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-29T16:38:29.2233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-27T13:01:19.9166667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1112) of Rebecca L. Rausch, Adam Gomez and James B. Eldridge for legislation to establish a bill of rights for people experiencing homelessness. The Judiciary.
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SECTION 1. Section 17A of chapter 85 of the General Laws is hereby repealed.
SECTION 2. Chapter 214 of the General Laws is hereby amended by inserting after section 1C the following section:-
Section 1D. (a) A person experiencing homelessness shall have the right to be free from discrimination on the basis of housing status.
(b) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Housing status” means a person’s current ability to access a fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws.
“Park'” shall include a city or town common dedicated to the use of the public, or appropriated to such use without interruption for a period of 20 years as defined in section 1 of chapter 45 of the general laws.
“Persons experiencing homelessness” means persons who lack, or are perceived to lack, a fixed, regular nighttime residence as defined in section 16W of chapter 6A of the general laws. Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar settings; (8) are transient and otherwise experiencing homelessness as described in this subsection; or (9) are in situations as described in section 11302(a) of title 42 of the United States Code.
“Public space” means any real property that is owned, in whole or in part, by the Commonwealth or any municipality, or upon which there is an easement for public use, and is held open to the public. Public space includes but is not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public space does not include a private business establishment.
“Recreational vehicle” has the meaning given that term in section 20 of chapter 90B of the general laws.
“Rest” means the state of sleeping or not moving or the state of holding certain postures that include but are not limited to sitting, standing, leaning, kneeling, squatting or lying on the ground or other surface.
“Town” shall not include city as defined in section 1 of chapter 45 of the general laws.
(c) Persons experiencing homelessness shall have the right to:
(i) use public spaces in the same manner as any other person without discrimination based on their housing status;
(ii) equal treatment by all state and municipal agencies, without discrimination on the basis of housing status;
(iii) a reasonable expectation of privacy in personal property in public spaces;
(iv) interact with public officials, employees, and officers without harassment on the basis of their housing status;
(v) rest in public spaces and seek protection from adverse weather or an imminent public health emergency in a manner that does not obstruct human or vehicle traffic and is without discrimination based on their housing status;
(vi) access routine and emergency medical care free from discrimination on the basis of housing status, including without limitation access to medical care, testing, and vaccination for the 2019 novel coronavirus, known as COVID-19;
(vii) eat, share, accept, or give food in any public space in which having food is not prohibited;
(viii) vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination on the basis of housing status;
(ix) pray, meditate, worship, or practice religion in public spaces without discrimination based on housing status in a manner that does not obstruct human or vehicle traffic;
(x) protection from the disclosure of records provided to homeless shelters and service providers to state, municipal, and private entities, absent valid written authorization to do so; and
(xi) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally parked on public property or on private property with the express permission of the private property owner.
(d) The provisions of this section pertaining to public spaces shall not apply if the public space is closed to the general public or requires a fee for entry. When practicable, public officials, employees, or officers shall clearly designate and provide an appropriate alternative place for persons experiencing homelessness to rest without time limitations in the near vicinity.
(e) It shall be an affirmative defense to a civil claim or criminal charge related to use of public spaces that a person experiencing homelessness was exercising any right set forth in this section.
(f) The superior court shall have jurisdiction in equity to enforce any right set forth in this section and award damages in connection with any violation thereof.
SECTION 3. Section 1 of chapter 51 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after the last sentence the following sentence:-
Lack of a fixed, permanent residence for a person experiencing homelessness shall not prohibit voter registration.
SECTION 4. Section 1 of chapter 151B of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
24. The term “housing status” shall be defined as a person’s current ability to access a fixed, regular, or adequate nighttime residence.
SECTION 5. Section 3 of chapter 151B of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after the word “information” in line 20 the following words:- housing status.
SECTION 6. Said section 3 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “persons”, in line 56, the following words:- persons who have experienced homelessness.
SECTION 7. Said section 3 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “information”, in line 66, the following words:- housing status
SECTION 8. Said section 3 of chapter 151B, as so appearing, is hereby amended by inserting after the word “origin”, in line 87, the following words:- housing status.
SECTION 9. Section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “information”, in lines 5, 189, 204, 211, 223, 232, 266, 293, 311, 361, 369, 379, 479, 490, 495, 502, 824, and 833 in each instance, the following words:- housing status
SECTION 10. Said section 4 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “age” in line 300 the following words:- housing status.
SECTION 11. Said section 4 of chapter 151B, as so appearing, is hereby further amended by inserting after the word “origin”, in lines 634 and 644, and in each instance, the following words:- housing status.
SECTION 12. Said section 4 of chapter 151B, as so appearing, is hereby further amended by adding the following subsection:-
20. It shall be unlawful discrimination for any employer, employment agency, labor organization, or licensing agency to refuse to hire or employ, represent, grant membership to, or license a person on the basis of that person's housing status or having a mailing address being that of a shelter or social service provider, or to terminate or refuse to renew a person's employment, representation, membership, or license on the basis of that person’s housing status.
SECTION 13. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are hereby repealed.
SECTION 14. Section 92A of chapter 272 of the General Laws is hereby amended by inserting after the word “nationality”, in line 9, the following words:- housing status.
SECTION 15. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “origin”, in line 3, the following words:- housing status.
SECTION 16. Section 122 of chapter 5 of the Acts of 1995 is hereby repealed.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act strengthening the commonwealth's Anti-SLAPP law
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S1113
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SD1335
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:34:39.56'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:34:39.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1113/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1113) of Rebecca L. Rausch for legislation to strengthen the commonwealth's Anti-SLAPP law. The Judiciary.
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SECTION 1. Section 59H of Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following new section:-
Section 59H. Strategic Litigation Against Public Participation; Special Motion to Dismiss
(a) In any case in which a party asserts that the civil claims, counterclaims, or cross claims against it are based, either in whole or in part, on its exercise of freedom of expression, freedom of speech or freedom of petition under the Constitution of the United States or the constitution of the commonwealth, the party may bring a special motion to dismiss.
(b) The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. For those claims or allegations that are based on protected speech activity, the court shall grant such special motion, unless the party against whom such special motion is made shows that: (i) the moving party’s exercise of its right to the freedom of petition, the freedom of speech, the freedom of expression or in connection with any matter of public concern, either acting solely or in concert with other citizens, was devoid of any reasonable factual support or any arguable basis in law; and (ii) the moving party’s acts caused actual injury to the responding party. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(c) The attorney general, on their behalf or on behalf of any government agency or subdivision to which the moving party’s acts were directed, may intervene to defend or otherwise support the moving party on such special motion.
(d) All discovery proceedings shall be stayed upon the filing of a special motion to dismiss pursuant to this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that limited, specified discovery on the motion may be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.
(e) The special motion to dismiss may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.
(f) If the court grants a special motion to dismiss filed pursuant to this section, the court shall award the moving party all costs and reasonable attorneys’ fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect the right of the moving party to any remedy otherwise authorized by law.
(g) As used in paragraph (b) of this section, the phrase “freedom of petition, the freedom of speech, the freedom of expression” means those rights as defined under the United States Constitution or the constitution of the commonwealth.
(h) As used in paragraph (b) of this section, the term “any matter of public concern” shall include any written or verbal statement that is recorded, displayed or distributed in person or via any form of media, concerning any topic or subject related to a good, product, or service in the marketplace or otherwise offered to the public.
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An Act enhancing access to abortion care
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S1114
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SD1854
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T10:07:38.193'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T10:07:38.1933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T16:45:18.4766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-28T13:28:50.17'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-03-29T16:38:04.06'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-23T09:47:55.08'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-07-10T10:10:17.1666667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-07-27T10:52:56.1666667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-08-08T16:30:47.69'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-08-08T16:30:47.69'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-29T15:26:59.7466667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1114) of Rebecca L. Rausch, Jason M. Lewis and Vanna Howard for legislation to enhance access to abortion care. The Judiciary.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 12F by striking out, in lines 14 and 15, the words “have come in contact with” and inserting in place thereof the following words:- be at risk of contracting; and further amended by inserting after the word “diagnosis”, in line 18, the following word:- , prevention; and further amended by striking out the third paragraph.
SECTION 2. Said chapter 112, as so appearing, is hereby further amended in section 12I by adding at the end thereof the following sentence:- No conscientious objection shall be valid if an abortion is required to preserve the life of a pregnant person and no medical staff other than the objector are available to perform or support the performance of the abortion.
SECTION 3. Said chapter 112, as so appearing, is hereby further amended in section 12K by striking out the word “12R” and inserting in place thereof the following word:- 12R.4; and further amended by adding the following definitions:-
“Abortion-related care”, a medically appropriate service complementary to the performance of an abortion.
“Provider”, a licensed health care professional who, acting within their scope of practice, may lawfully perform an abortion or provide abortion-related care.
“Provider facility”, a structure in which a provider performs abortions or provides abortion-related care.
SECTION 4. Said chapter 112, as so appearing, is hereby further amended in section 12L by inserting after each instance of the word “abortion” the following words:- or abortion-related care; and further amended by striking the word “is” and inserting in place thereof the word:- are.
SECTION 5. Said chapter 112, as so appearing, is hereby further amended in section 12M by striking the words “physician, physician assistant, nurse practitioner or nurse midwife” and inserting in place thereof the following word:- provider.
SECTION 6. Said chapter 112, as so appearing and as amended by Chapter 127 of the Acts of 2022, is hereby further amended in section 12N by striking the word “physician” in each instance and inserting in place thereof the following word:- provider.
SECTION 7. Said chapter 112, as amended by Chapter 127 of the Acts of 2022, is hereby further amended in section 12N½ by striking the word “physician” in each instance and inserting in place thereof the following word:- provider.
SECTION 8. Section 12O of said chapter 112, as so appearing, is hereby repealed.
SECTION 9. Said chapter 112, as so appearing, is hereby further amended in section 12P by striking the second sentence.
SECTION 10. Said chapter 112, as so appearing, is hereby further amended in section 12Q by striking the words “performed by a physician, physician assistant, certified nurse practitioner or certified nurse midwife”.
SECTION 11. Said chapter 112, as so appearing, is hereby further amended by striking out section 12R and inserting in place thereof the following sections:-
Section 12R. A provider must obtain a pregnant person’s written informed consent prior to performing an abortion in a multilingual form prescribed by the commissioner of the department of public health, and the pregnant person must execute said informed consent form prior to receiving an abortion, except: (1) in an emergency, when an abortion is required to preserve the health of the pregnant person, in which case the provider may perform the abortion without an executed informed consent form; or (2) when a pregnant person is incapacitated due to vegetative state, and said pregnant person was incapacitated prior to and at all times during the pregnancy, and another person serves as legally valid health care proxy for the pregnant person, in which case the health care proxy must execute the informed consent form. A pregnant person’s signature on the consent form shall not be deemed invalid due to the pregnant person’s age. No waiting period shall be imposed between the execution of the consent form and the performance of the abortion. Providers shall maintain executed informed consent forms for a period of time and in a manner consistent with retention of other medical records.
(b) The consent form and any other forms or related documents shall be confidential and shall not be released to any person other than the patient, the person whose consent is validly obtained pursuant to this section or any other applicable state or federal law, or the provider who performed the abortion, except by the patient’s written informed consent or proper judicial order.
Section 12R.1. (a) No pregnant person shall be required, as a precondition to receiving health-related information, health services or medical care, to: (i) wait for any period of time, beyond the standard of care or as may be operationally necessary, after executing the informed consent form required by this chapter to initiate an abortion or abortion-related care; (ii) undergo an ultrasound inconsistent with the standard of care; (iii) review, see, or hear the results of an ultrasound; (iv) appear at a provider facility for purposes of receiving an abortion or abortion-related care more frequently or for a longer duration than is consistent with the standard of care; or (v) receive counseling or information in any format or medium that is medically inaccurate, medically unnecessary, or misleading.
(b) Provider facilities shall not be required to: (i) affiliate in any way with, or be constructed within a specified distance of, a hospital, as defined in section 52 of chapter 111; (ii) construct or maintain medically unnecessary physical structures, sizes, or spaces; (iii) hire only providers with admitting privileges at a hospital, as defined in section 52 of chapter 111; or (iv) comply with any other medically unnecessary physical or operational standards or requirements. Provider facilities shall be required to comply or substantially comply with the licensure requirements for clinics providing ambulatory surgery, consistent with section 51 of chapter 111, only if the provider facility otherwise operates as a free standing ambulatory surgical center.
(c) The attorney general shall enforce this section, provided that nothing herein shall preclude a private right of action asserting violations thereof. All actions must be commenced within ten years after the cause of action accrues.
Section 12R.2. (a) The department of public health shall publish on its website and in print copy a listing of provider facilities opting to be included on said listing. The listing shall be updated annually, or more frequently as required or requested by a provider or provider facility.
(b) The department of public health shall engage in a culturally competent and linguistically diverse public education campaign to educate providers and the public about so-called crisis pregnancy centers and pregnancy resource centers, including without limitation the lack of medical services or licensed medical professionals at said centers and the availability of licensed medical and family planning services across the commonwealth.
(c) The department of veterans services shall, in consultation with the department of public health, provide information to veterans residing in the commonwealth and their families regarding available abortion services and support for obtaining those services, including without limitation financial assistance provided pursuant to chapter 118E.
Section 12R.3. A person may not provide ultrasound services pertaining to a possible or actual pregnancy except under the supervision of a provider or other licensed health care professional who, acting within their scope of practice, provides medical care for people who are pregnant or may become pregnant.
Section 12R.4. A health care professional working in a school based health center shall keep confidential any abortion-related information or care provided to a patient at the center.
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An Act to protect the free flow of information in Massachusetts
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S1115
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SD2280
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:05:28.293'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:05:28.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1115/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1115) of Rebecca L. Rausch for legislation to protect the free flow of information in Massachusetts. The Judiciary.
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SECTION 1. Chapter 233 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 83 the following section:-
Section 84. Free Flow of Information Act.
(a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:-
“Covered journalist”, a person who regularly and credibly gathers, prepares, collects, photographs, records, writes, edits, reports, investigates, or publishes news or information in a professional manner that concerns local, national, or international events or other matters of public interest for dissemination to the public.
“Covered service provider”, (a) any person that, by an electronic means, stores, processes, or transmits information in order to provide a service to customers of the person; (b) a telecommunications carrier and a provider of an information service; (c) a provider of an interactive computer service and an information content provider; (d) a provider of remote computing service; or (e) a provider of electronic communication service to the public.
“Document”, writings, audio and video recordings, and photographs.
“Government entity”, office, agency, board, commission, agent or employee of the commonwealth or its subdivisions with the power to issue a subpoena or issue other compulsory process.
“Journalism”, credible and professional gathering, preparing, collecting, photographing, recording, writing, editing, reporting, investigating, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.
“Personal account of a covered journalist”, an account with a covered service provider used by a covered journalist that is not directly associated with the publication for which the covered journalist engages in journalism.
“Personal technology device of a covered journalist”, a handheld communications device, laptop computer, desktop computer, or other internet-connected device used by a covered journalist that is not provided or administered by the publication for which the covered journalist engages in journalism.
“Protected information”, any information identifying a source who provided information as part of engaging in journalism, and any records, contents of a communication, documents, or information that a covered journalist obtained or created as part of engaging in journalism.
(b) In any matter arising under state law, a government entity may not compel a covered journalist to disclose protected information, unless a court of competent jurisdiction determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to the covered journalist, that the disclosure of the protected information is necessary to prevent, or to identify any perpetrator of, an act of terrorism against the United States, the commonwealth or its subdivisions; or the disclosure of the protected information is reasonably likely to prevent a threat of imminent violence, bodily harm, or death.
(c) (i) A government entity may not compel a covered service provider to provide testimony or production of any document consisting of any record, information, or other communications stored by a covered service provider on behalf of a covered journalist, including without limitation testimony or production of any document relating to a personal account or a personal technology device of a covered journalist, unless a court of competent jurisdiction determines by a preponderance of the evidence that disclosure is reasonably likely to prevent a threat of imminent violence, bodily harm, or death. If such a determination is made, the court shall issue an order authorizing the government entity to compel the disclosure.
(ii) A government entity seeking to compel the provision of testimony or production of any document pursuant to this subsection shall inform the court that the testimony or document relates to a covered journalist.
(iii) The court may authorize a government entity to compel the provision of testimony or production of a document under this subsection only after the government entity seeking the testimony or document provides the covered journalist on behalf of whom the testimony or document is stored notice of the subpoena or other compulsory request for such testimony or document from the covered service provider not more than 3 days after the subpoena or request is issued to the covered service provider. The court shall provide the covered journalist an opportunity to be heard prior to issuing a decision.
(iv) Notice and an opportunity to be heard under subparagraph (iii) above may be delayed for not more than 45 days if the court determines there is clear and convincing evidence that such notice would pose a clear and substantial threat to the integrity of a criminal investigation or would present an imminent risk of death or serious bodily harm. The 45-day period may be extended by the court for additional periods of not more than 45 days if the court makes a renewed determination that there is clear and convincing evidence that providing notice to the covered journalist would pose a clear and substantial threat to the integrity of a criminal investigation or would present an imminent risk of death or serious bodily harm.
(d) The content of any testimony, document, or protected information that is compelled under paragraphs (b) and (c) shall not be overbroad, unreasonable, or oppressive, and as appropriate, shall be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information and narrowly tailored in subject matter and time period covered to avoid compelling the production of peripheral, nonessential, or speculative information.
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An Act establishing a right to freedom from doxing
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S1116
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SD2287
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:08:14.143'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:08:14.1433333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-28T13:27:47.8333333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-28T13:27:47.8333333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-28T13:27:47.8333333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-29T16:37:37.7'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1116) of Rebecca L. Rausch, David Allen Robertson, Simon Cataldo and Steven S. Howitt for legislation to establish a right to freedom from doxing. The Judiciary.
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SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in lines 2 and 3, after the word “threats”, each time it appears, the following word:- , doxing.
SECTION 2. Chapter 214 of the General Laws is amended by inserting after section 3B the following new section:-
Section 3C. Action for doxing; liability
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Close relation”, a current or former spouse or domestic partner, parent, child, sibling, stepchild, stepparent, grandparent, any person who regularly resides in the household or who within the prior 6 months regularly resided in the household, any person with a significant personal or professional relationship, or a family pet.
“Disclosure”, the dissemination, distribution, circulation, sharing, posting, publishing, transmittal, or release of information, including through electronic means.
“Doxing”, the knowing disclosure of personal identifying information of a person without that person’s consent that is intended to cause stalking, physical harm to person, or serious property damage, or to cause the person about whom the information pertains to reasonably fear for the physical safety of themselves or a close relation, and which causes, whether directly or indirectly either: (i) stalking, physical harm to person, or serious property damage; or (ii) the person about whom the information pertains to reasonably fear for the physical safety of themselves or a close relation.
“Personal identifying information”, a person’s biometric data, home or work address, electronic mail address, home phone or cell phone number, Social Security number, driver’s license number or state-issued identification card number, license plate number, financial account number or credit or debit card number, or medical, financial, education, consumer, or employment information or records, in combination with that person’s name, prior legal name, alias, photograph or likeness, mother's maiden name, or date or place of birth; which that person has not made readily apparent to the public, or which that person has not authorized another person or organization to make readily apparent to the public.
(b) Doxing shall be unlawful.
(c) A person who is a target of doxing may pursue a cause of action for doxing, as defined in this section. The action may seek injunctive relief, special and general damages, and attorneys’ fees and costs. The plaintiff in such action shall prove doxing occurred by a preponderance of the evidence. Notwithstanding any general or special law to the contrary, the parent or legal guardian of an unemancipated minor child shall be liable for any judgment rendered against such minor pursuant to this section.
(d) A plaintiff who proves by a preponderance of the evidence that doxing was motivated by the plaintiff’s or the plaintiff’s close relation’s race, color, religion, ethnicity, national origin, citizenship status, sex, gender, sexual orientation, gender identity or expression, physical or mental health condition, or disability shall be entitled to up to treble damages in addition to any other remedy.
(e) It shall not be a violation of this section for a person to disclose personal identifying information for the purpose of:
(1) reporting conduct reasonably believed to be unlawful;
(2) reporting conduct reasonably believed to constitute a crime to a law enforcement officer or a law enforcement agency;
(3) publishing, disseminating, or reporting conduct by a public official, law enforcement officer, or law enforcement agency that is reasonably believed to be unlawful or otherwise an abuse of authority;
(4) engaging in lawful and constitutionally protected activity as it pertains to speech, assembly, press, or petition, including to address a matter of public concern; or
(5) investigating or prosecuting a violation of this section.
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An Act protecting bank employees and customers
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S1117
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SD548
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:08:28.32'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:08:28.32'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:24.02'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1117) of Michael F. Rush and Paul McMurtry for legislation relative to bank robberies and collection of fraudulent checks. The Judiciary.
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SECTION 1. Section 40a of chapter 93 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the last sentence in the first paragraph the following new sentence:– Action taken under this section may be brought before the court where either the plaintiff or defendant lives or has a place of business or employment.
SECTION 2. Section 17 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following new section:–
Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted, shall, for the first offense be sentenced to imprisonment for not less than 5 years and for any subsequent offense for not less than 10 years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of chapter 167A or a credit union as defined in section 1 of chapter 171 shall be punished by imprisonment in the state prison for not less than 5 years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of chapter 167A or a credit union as defined in section 1 of chapter 171 shall be punished by imprisonment in the state prison for not less than 15 years.
SECTION 3. Section 19 of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection (b):–Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, including attempted robbery of a bank as defined in section 1 of chapter 167A or a credit union as defined in section 1 of chapter 171 shall be punished by imprisonment in the state prison for life or for any term of not less than 30 months.
SECTION 4. Section 30 of chapter 266 of the General Laws, as so appearing, is further amended by adding to the end of paragraph (1) the following new sentence:– If the larceny involved monies received through the uttering of a forged, altered or counterfeit check, draft or order for the payment of money from any bank or other depository, action may be taken before either the court having jurisdiction where the uttering took place or where the payee bank or other depository’s main office is located.
SECTION 5. Section 37 of said chapter 266 of the General Laws, as so appearing, is hereby amended by adding the following sentence to the end of said section:– Action taken under this jurisdiction where the crime was committed or where the main office of the bank or other depository are located.
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An Act further clarifying dog bite liability
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S1118
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SD1246
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T10:19:57.09'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T10:19:57.09'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:13.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1118/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1118) of Michael F. Rush and Paul McMurtry for legislation to further clarify dog bite liability. The Judiciary.
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Section 155 of Chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If any dog shall do any damage to either the body or property of any person, the owner or keeper or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort or was teasing, tormenting or abusing such dog or unless the injured person was grossly negligent.
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[]
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An Act relative to safe driving and open containers
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S1119
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SD51
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:50:35.357'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:50:35.3566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1119/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1119) of Bruce E. Tarr for legislation relative to safe driving and open containers. The Judiciary.
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Chapter 90 of the General Laws is hereby amended after Section 24I by inserting the following new section:-
Section 24I½. Possession of narcotic drugs and marihuana in motor vehicles.
Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possesses a narcotic drug or marihuana, as defined in Section 1 of Chapter 94C of the General Laws, in the passenger area of any motor vehicle, as defined by Section 24I of Chapter 90 for the General Laws, except within a closed bottle, bag, or other container, shall be punished by a fine of not less than $100 nor more than $500.
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An Act increasing accessibility in restaurants for physically handicapped persons
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S112
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SD2037
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T12:16:10.563'}
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[{'Id': None, 'Name': 'Catherine Fritz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:16:10.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S112/DocumentHistoryActions
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Bill
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By Ms. Lovely (by request), a petition (accompanied by bill, Senate, No. 112) of Catherine Fritz for legislation to increase accessibility in restaurants for physically handicapped persons. Children, Families and Persons with Disabilities.
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Section 13A of the General Laws is hereby amended by inserting, after the eighth paragraph, the following:-
Any restaurants, including but not limited to, cafeterias, lounges, bars and other places open to the public where food or beverages are served are required to have at least 5% of the chairs be armchairs or have them available on-site upon request.
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An Act to recover assets used in the commission of sexual offenses
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S1120
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SD56
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:03:30.703'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:03:30.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1120/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1120) of Bruce E. Tarr for legislation to recover assets used in the commission of sexual offenses. The Judiciary.
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SECTION 1. Chapter 10 of the General Laws is hereby amended after Section 28B by inserting the following new section:-
“Forfeiture of prizes for sexual offense violations
Section 28C. Any holder of a winning ticket who is convicted of a violation of sections 22-24C, inclusive, or sections 50 or 51, of chapter 265 of the General Laws shall be ineligible for any remaining portion of a prize not yet disbursed. The commission shall not make any further disbursements to the holder and shall return the remaining balance of the prize to the State Lottery and Gaming Fund established by section 10 of this chapter.
SECTION 2. Section 55 of chapter 265 of the General Laws is hereby amended by striking the section in its entirety and inserting in place thereof the following:-
“Forfeiture of funds used to facilitate violations of Secs. 22-24C, 50 or 51; victim restitution
Section 55. All monies furnished or intended to be furnished by any person in exchange for forced labor or services or sexual servitude, and all monies used or intended to be used to facilitate any violation of sections 22-24C, inclusive, or section 50 or 51, shall be subject to forfeiture to the commonwealth and shall be made available by the court to any victim ordered restitution by the court pursuant to section 3 of chapter 258B.
SECTION 3. Section 56 of said Chapter 265 is hereby amended by striking the title and inserting in place thereof the following:-
“Property subject to forfeiture resulting from violations of Secs. 22-24C, 50 or 51; procedure; exceptions; records; preliminary orders for seizure; referral to office of seized property management; homestead exemptions; recording of certificate of fact of final judgment”
SECTION 4. Section 56 of said chapter 265 is hereby further amended by inserting before the words “section 50 or 51,” wherever so appearing, the following:-
“sections 22-24C, inclusive, or”
SECTION 5. Section 56 of said chapter 265 is hereby further amended by inserting after clause (iv) in line 18 the following new clause:-
“(v) any monies received from the commonwealth, or from any fund or commission established by the commonwealth, including but not limited to prizes disbursed by the State Lottery Commission established by section 23 of chapter 10 of the General Laws, that were used or intended to be used to facilitate any violation of sections 22-24C, inclusive, or section 50 or 51”
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[]
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An Act relative to hate crimes
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S1121
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SD57
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:07:13.22'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:07:13.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1121/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1121) of Bruce E. Tarr for legislation relative to hate crimes. The Judiciary.
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Section 1. Section 39 of Chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 5 the word "five" and inserting in place thereof the following:-"ten"
Section 2. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 7 the words:-"two and one-half years" and inserting in place thereof the following:-"five"
Section 3. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 19 the word:-"ten" and inserting in place thereof the following:-"twenty"
Section 4. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 20 the word:- "five" and inserting in place thereof the following:-"ten"
Section 5. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 31 the word:- "one" and inserting in place thereof the following:-"two"
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An Act criminalizing sexual assault by fraud by a medical professional
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S1122
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SD59
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:09:15.653'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:09:15.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1122/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1122) of Bruce E. Tarr for legislation to criminalize sexual assault by fraud by a medical professional. The Judiciary.
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SECTION 1. Chapter 265 of the General Laws as appearing in the 2020 Official Edition is hereby amended by inserting after Section 13H the following section:-
Section 13H½. Sexual Misconduct on a Patient or Client by a Medical Professional
(a) A person who is, or holds themselves out to be, a medical or health care professional, and who commits an indecent assault and battery on a patient or client during the course of diagnosis, counseling, or treatment, where consent to the act was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.
(b) Definition. As used in this section, the following words shall have the following meaning:
“Medical or health care professional” refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists.
SECTION 2. Said Chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after Section 22C the following section:-
Section 22D: Rape on a Patient or Client by a Medical Professional
(a) A person who is, or holds themselves out to be, a medical or health care professional, and who knowingly induces a patient or client to engage in natural or unnatural sexual intercourse during the course of diagnosis, counseling, or treatment, where consent to the intercourse was procured by a false representation that the act was for a bona fide medical purpose, shall be punished by imprisonment in the state prison for not more than 20 years.
(b) Definition. As used in this section, the following words shall have the following meaning:
Medical or health care professional refers to all individuals who provide professional medical or health services, diagnosis, treatment or counseling, and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physician assistants, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, clergy members, and marriage and family counselors or therapists.
SECTION 3. Section 63 of Chapter 277 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 27, the word “13H” and inserting in place thereof the following words:- 13H, 13H ½.
SECTION 4. Said Chapter 277 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “22A” and inserting in place thereof the following words:- 22A, 22D.
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An Act relative to the tracking of medical malpractice cases
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S1123
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SD91
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:41:02.31'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:41:02.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1123/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1123) of Bruce E. Tarr for legislation relative to the tracking of medical malpractice cases. The Judiciary.
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SECTION 1. Notwithstanding any general or special to the contrary the administrator of the trial court shall develop and implement a system to track and categorize any civil action malpractice, error or mistake against a provider of health care. Annually by December 31 the administrator of the trial court shall submit the number of any civil action malpractice, error or mistake against a provider of health care to the clerks of the house and senate and the joint committee on the judiciary.
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An Act relative to crimes relating to distribution of controlled substances causing death
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S1124
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SD120
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:39:37.79'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:39:37.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1124/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1124) of Bruce E. Tarr for legislation relative to crimes relating to distribution of controlled substances causing death. The Judiciary.
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Chapter 94C of the General Laws is hereby amended by inserting after section 32N the following section:-
Section 32O. (a) A person who, while in the course of trafficking or unlawfully distributing a controlled substance as defined in section 32E, knowingly or intentionally manufactures, distributes, dispenses, delivers, gives away, barters, administers or provides any
amount of a controlled substance or counterfeit substance which results in death shall be punished as murder in the second degree as defined by section 1 of chapter 265.
(b) Lack of knowledge of a previous health condition shall not be a defense to a violation of this section.
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An Act relative to treble damages
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S1125
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SD124
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:43:19.477'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:43:19.4766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1125/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1125) of Bruce E. Tarr for legislation relative to treble damages. The Judiciary.
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SECTION 1. Section 27 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -
‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’
SECTION 2. Section 27F of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -
‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’
SECTION 3. Section 27G of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -
‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’
SECTION 4. Section 27H of said chapter 149, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -
‘Any employee claiming to be aggrieved by a violation of this section may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees.’
SECTION 5. Section 150 of said chapter 149, as so appearing, is heareby amended by striking out the last paragraph and inserting in place thereof the following paragraph: -
‘Any employee claiming to be aggrieved by a violation of sections 33E, 148, 148A, 148B, 150C, 152, 152A or 159C or section 19 of chapter 151 may, at the expiration of 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the said violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any loss of wages and other benefits. Any employee so aggrieved and who prevails in such an action shall, if said violation be willful, be awarded triple damages, as liquidated damages, for any loss of wages and other benefits; and the employee shall also be awarded the costs of the litigation and reasonable attorneys' fees; provided, further, that any employee so aggrieved and who prevails in such an action, if said violation is not willful, shall be awarded damages as determined by the court for any loss of wages and other benefits; and the employee may also be awarded the costs of the litigation and reasonable attorneys' fees
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An Act promoting pet safety aka Crawford's Law
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S1126
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SD325
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-13T13:52:18.083'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-13T13:52:18.0833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T09:46:25.2366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-01T11:01:41.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1126/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1126) of Bruce E. Tarr and Vanna Howard for legislation to promote pet safety aka Crawford's Law. The Judiciary.
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SECTION 1. Chapter 272 of the General Laws, as appearing in the 2018 Official Edition is hereby amended by inserting after section 77C the following section 77D:-
(a) A person who by willful, wanton, reckless, or negligent act causes the unnecessary or unjustified death of a cat or dog shall be liable in damages for the fair monetary value of the deceased animal to the owner of the animal, including, but not limited to, damages for the loss of comfort, protection, companionship, other special damages, services of the deceased animal to its owner; reasonable afterlife expenses of the deceased animal; court costs and attorney's fees; and other reasonable damages resulting from the willful, wanton, reckless, or negligent act. Non-economic damages shall have a cap value of $30,000.00
(b) Damages under this section for unnecessary or unjustified death sustained by an animal shall be recovered in an action of tort by the aggrieved, commenced within three years from the date, of death or from the date when the aggrieved knew, or in the exercise of reasonable diligence, should have known, of the factual basis for a claim of relief
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An Act relative to determining the best interest of children in probate and family court
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S1127
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SD419
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:01:10.617'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:01:10.6166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1127/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1127) of Bruce E. Tarr for legislation relative to determining the best interest of children in probate and family court. The Judiciary.
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Chapter 208 of the General Laws is amended by striking out section 31, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:
Section 31. Parenting of Children.
A. Definitions. For purposes of this section, the following terms shall have the meanings set forth below:
1. Decision-Making Responsibility
a. “Shared Decision-Making Responsibility.” The parents have mutual responsibility and involvement in major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development.
b. “Sole Decision-Making Responsibility.” One parent has the right and responsibility to make major decisions regarding the child’s welfare, including matters of education, extracurricular activities, medical care, emotional and behavioral development, and religious development.
2. Residential Responsibility
a. “Shared Residential Responsibility.” A child has periods of residing with and being under the supervision of each parent in such a way as to assure a child frequent and continued contact with both parents. One residence may be designated as the child’s “primary residence” while the parents have “shared residential responsibility.”
b. “Primary Residential Responsibility.” A child resides with and be under the care and supervision of one parent, and has parenting time with the other parent, unless the court determines that such time with the other parent is not in the best interest of the child.
3. “Parental Responsibility.” This term shall encompass both decision-making and residential responsibility.
4. “Parenting Plan.” A written plan describing parental responsibility relative to each child.
5. “Parenting Time.” The time when the child is under the care and supervision of one parent or a parenting time supervisor, without regard to whether that parent has shared or primary residential responsibility.
B. General Guidance.
1. In making an order or judgment relative to the care of children, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine the distribution of parental responsibility. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect the child’s physical, mental, or emotional health. Such conditions and their impact on the child shall be relevant as the court establishes division of parental responsibilities to provide for the safety, welfare and well-being of the child in a manner that is workable for the foreseeable future.
2. Upon the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine and until an order or judgment is rendered, absent emergency conditions, abuse, or neglect, the parents shall have temporary shared legal custody of any minor child of the marriage. Nothing herein shall be construed to create any presumption of temporary shared residential responsibility.
3. At any time after the filing of an action in accordance with the provisions of this section, section twenty-eight of this chapter, or section thirty-two of chapter two hundred and nine, the court may enter an order for temporary sole decision-making responsibility for one parent if shared decision-making responsibility would not be in the best interest of the child.
4. If, despite the prior or current issuance of an abuse prevention order against one parent pursuant to chapter two hundred and nine A or of a domestic relations protective order pursuant to section 18 of this chapter, the court orders shared decision-making or residential responsibility either as a temporary order or as a judgment, the court shall provide written findings to support such order.
5. There shall be no presumption either in favor of or against shared decision-making or shared residential responsibility at the time of the trial, except as provided in section 31A of this chapter.
6. When a party requests distribution of parental responsibility and division of parenting time, that party shall provide a proposed order to the court. At the trial, if the issues of parental responsibility or parenting time are contested and either party seeks shared decision-making or shared residential responsibility, the parties, jointly or individually, shall submit to the court a parenting plan setting forth the details of their proposed plan including, but not limited to: the child’s education; the child’s health care, procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or spend time with each party, including holidays and vacations, or the procedure by which such periods of time shall be determined.
7. At trial on the merits, the court shall consider the parties’ proposed parenting plans in light of the factors set forth in (C) of this section. The court may accept, change, or reject the parenting plan submitted.
8. Where the parents have reached an agreement providing for parental responsibility of the child, the court may enter an order in accordance with such agreement, unless specific findings are made by the court indicating that such an order would not be in the best interests of the child.
9. Prior orders or agreements shall not create a presumption that their terms shall be continued.
10. A parent’s responsibility for child support shall continue to be governed by the Massachusetts Child Support Guidelines as required by section 28 of this chapter, regardless of the use of the terms shared or primary residential responsibility in any order or judgment.
11. The entry of an order or judgment relative to the parental responsibility for the minor children shall not negate or impede the ability of both parents to have access to the academic, medical, hospital, or other health records of the child, as the parent would have had if the order or judgment had not been entered; provided, however, that if a court has issued an order to vacate against one parent or an order prohibiting a parent from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the records, in whole or in part, is necessary to ensure the health, safety, or welfare of such child or party, the court may order that all or any part of such record the shall not be disclosed to a parent or make other such other orders to restrict release of such records in accordance with G.L. c. 71, s.34H.
C. Determination of Parental Responsibilities. In determining parental responsibilities, both at the time of entry of temporary orders and judgment, the court shall be guided by the best interest of the child. At the time of entry of temporary orders, the court shall consider holidays and issues related to the child’s schedule that are likely to arise before the next date at which orders will be made. In determining the best interest of the child, the court shall consider G.L. c. 208, s.31A, if applicable, and seek to establish a parenting plan that fully provides for the safety of the children and the parties and the well-being of the children, and that is workable.
1. In determining what parental responsibility arrangement and parenting plan provides for the well-being of the child, the court shall consider:
(a) The past, present, and potential future relationship between the parent and the child, including the history of caregiving functions provided by each parent;
(b) The child’s adjustment to their school, community, and home, including any siblings and other household members;
(c) The anticipated effect on the child of disrupting or continuing the current custody situation, taking into account any special needs of the child;
(d) The willingness and ability of each parent to allow a close and continuing relationship between the child and the other parent; provided, however, that the court may not consider this factor if the court has found credible concerns related to s.31A or s.(C)(2) herein, whether or not the court has restricted contact based upon those concerns;
(e) The demonstrated capability and desire of each parent to understand and meet the physical, emotional, mental, religious, and social needs of each child, taking into account any special needs of the child; and
(f) The preference of the child, if the child is of sufficient age, temperament, and maturity.
2. In deciding what parental responsibility arrangement and parenting plan is safe for the children and the parties, the court shall consider:
(a) Whether a parent’s use of drugs, alcohol, or another substance interferes with that parent’s ability to properly care for the child;
(b) Whether a parent has inflicted physical, psychological, emotional, or financial abuse against the other parent, against any household member, or against a child; and
(c) Whether a parent has committed a sexual offense which, after considering the nature of the offense, the age of the victim, and the relationship between the parent and the victim, raises concerns regarding parenting time with the child.
3. In determining what parenting plan and schedule of parenting time will best meet the physical and emotional needs of a child, the court shall seek to create a parenting arrangement that is workable and realistic. In determining workability, the court shall consider:
(a) Whether the proposed arrangement is manageable, over time, for the parties and child, and for all other parties relevant to carrying out the arrangement;
(b) The geographic location and availability of each parent, including each party’s access to transportation, distance between the parties, or incarceration of a parent;
(c) Whether the level of cooperation required is within the past and present abilities of the parties and/or includes supports for developing improved cooperation and communication; and
(d) The ability of each parent to provide the required caregiving functions during their parenting time, including the parent’s ability to arrange for appropriate care and supervision.;
(e) Whether the length of each parent’s parenting time, the location of parenting time, the manner and location of exchange, the presence of supervision or parenting support, and the location of the parenting time adequately addresses the needs of the child and of each parent in accordance with (C)(1) and (C)(2) of this section.
The court may also consider additional factors that are deemed relevant and proven by the evidence, but must make findings specifying the factors considered and their relative weight.
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An Act updating the wiretap statutes in the Commonwealth
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S1128
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SD425
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:12:39.907'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:12:39.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1128/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1128) of Bruce E. Tarr for legislation to update the wiretap statutes in the Commonwealth. The Judiciary.
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SECTION 1. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third subparagraph and inserting in place thereof the following 2 subparagraphs:-
The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as enumerated in clause (b) of subparagraph 7 of paragraph B of this section. Therefore, law enforcement officials may be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these specific enumerated crimes.
The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals must be prohibited. The use of such devices by law enforcement officials must be conducted under strict judicial supervision and must be limited to the investigation of designated offenses as defined in subparagraph 7 of paragraph B of this section. Because the commonwealth has a substantial interest in the investigation and prosecution of designated offenses committed within its borders, this section shall authorize, under appropriate judicial supervision, the interception of electronic communications between parties located outside the commonwealth, so long as the designated offense under investigation is one over which the commonwealth has jurisdiction, and the listening post is within the commonwealth.
SECTION 2. Paragraph B of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the first subparagraph and inserting in place thereof the following subparagraph:-
1. The term “wire communication” means any transfer made in whole or in part through the use of facilities which allow for the transmission of communications by the aid of wire, cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical or other technological means in order to achieve a connection between the point of origin and the point of reception, regardless of whether or not such communication travels in part within a switching station or other facility. The term “wire communication” shall also include: any transfer of signs, signals, writing, images, photographs, videos, texts, sounds, data or intelligence of any nature transmitted in whole or in part by using a cellular telephone, smartphone, personal data assistant or similar device, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.
SECTION 3. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the third, fourth and fifth subparagraphs and inserting in place thereof the following 3 subparagraphs:-
3. The term “intercepting device” means any device or apparatus which is capable of transmitting, receiving, amplifying, or recording a wire or oral communication other than a hearing aid or similar device which is being used to correct subnormal hearing to normal; and other than any telephone or telegraph instrument, equipment, facility, or a component thereof, (a) furnished to the subscriber or user by a communications common carrier in the ordinary course of business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (b) being used by a communications common carrier in the ordinary course of its business. No body-mounted camera with an audio recording feature shall be considered an intercepting device when such an instrument is worn openly by a uniformed investigative or law enforcement officer or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as an investigative or law enforcement officer. No vehicle-mounted camera with an audio recording feature shall be considered an intercepting device when it is mounted on a marked law enforcement vehicle, or when such an instrument is used to record a motor vehicle stop or other encounter involving a uniformed law enforcement officer, or one conspicuously displaying his or her badge of authority or other visible indicator of his or her status as a law enforcement officer.
4. The term ''interception'' means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception (a) for an investigative or law enforcement officer to obtain information in real time concerning the existence of a communication and the identity of the parties to a communication, but not the contents of the communication itself, where such action has been specifically authorized by the order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. § 3123; or (b) for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein.
5. The term ''contents'', when used with respect to any wire or oral communication, means any information concerning the contents, substance, purport, or meaning of that communication, including any spoken words, visual images or written material.
SECTION 4. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the seventh subparagraph and inserting in place thereof the following subparagraph:-
7. The term ''designated offense'' shall include (a) the following offenses in connection with organized crime as defined in the preamble:
; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of sections 29A, 29B and 105 of chapter 272; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24 and 24B of chapter 265; human trafficking in violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; intimidation of a witness or potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.
SECTION 5. Paragraph I of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:-
2. The date of issuance, the date of effect, and termination date which in no event shall exceed 40 days from the date of effect. The warrant shall permit interception of oral or wire communications for a period not to exceed 30 days. If physical installation of a device is necessary, the 40 day period shall begin upon the date of installation. If the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or oral or wire communication, the warrant shall so provide; and
SECTION 6. Said paragraph I of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the sixth subparagraph and inserting in place thereof the following 3 subparagraphs:-
6. The identity of the agency authorized to intercept the communications, and of the person authorizing the application; and
7. A statement providing for service of the warrant pursuant to paragraph L except that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor must be included and an alternative direction for deferred service pursuant to paragraph L, subparagraph 2.
8. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days.
SECTION 7. Paragraph J of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the second subparagraph and inserting in place thereof the following subparagraph:-
2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding 30 days from the entry thereof. Such an order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with the provisions of paragraph N of this section. In no event shall a renewal be granted which shall terminate later than 2 years following the effective date of the warrant.
SECTION 8. Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out paragraph K and inserting in place thereof the following paragraph:-
K. Warrants: manner and time of execution
1. A warrant may be executed pursuant to its terms anywhere in the commonwealth, or any other place that facilitates a wire communication to which at least 1 party is within the commonwealth; or which otherwise involves a communication regarding a criminal offense for which criminal jurisdiction would exist in the commonwealth.
2. Such warrant may be executed by the authorized applicant personally or by any investigative or law enforcement officer of the commonwealth designated by him for the purpose, or by any designated individual operating under a contract with the Commonwealth or its subdivisions, acting under the supervision of an investigative or law enforcement officer authorized to execute the warrant.
3. The warrant may be executed according to its terms during the hours specified therein, and for the period therein authorized, or a part thereof. The authorization shall terminate upon the acquisition of the oral or wire communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception must cease at once, and any device installed for the purpose of the interception must be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device is deemed to be authorized by the warrant.
4. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception.
5. Upon request of the applicant, the issuing judge may direct that a provider of wire or electronic communications service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant for reasonable expenses incurred in providing such facilities or assistance."
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An Act relative to protecting the residents of the Commonwealth from dangerous persons
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S1129
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SD426
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:19:15.887'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:19:15.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1129/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1129) of Bruce E. Tarr for legislation relative to protecting the residents of the Commonwealth from dangerous persons. The Judiciary.
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SECTION 1. Chapter 268 of the General Laws, as so appearing, is hereby amended by inserting after section 13E the following section:-
Section 13F. Whoever unlawfully removes, destroys, damages, or interferes with the proper functioning of a geolocation monitoring device, breath-testing instrument, or other mechanism intended to facilitate recognizance or compliance with conditions of pretrial release, probation or parole, shall be punished by imprisonment in the state prison for not more than 10 years or imprisonment in a house of correction for not more than 2 and ½ years. In any proceeding under section 57, 58, 58A, or 58B of chapter 276, the fact of a person’s prior conviction pursuant to this section shall be prima facie evidence that there is no financial condition or other condition of release that will reasonably assure the presence of the person so convicted.
SECTION 2. Section 58A of said chapter 276, as so appearing, is hereby amended by striking subsection (1) and inserting in place thereof the following subsection:- (1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions when a person has been charged with any of the following offenses:
(A) a felony that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another;
(B) the offenses of burglary or arson;
(C) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 3B, 3C, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
(D) a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A;
(E) a sex offense involving a child as defined in section 178C of chapter 6;
(F) a violation of section 13B of chapter 268;
(G) a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 13M, 15D, 18B, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer;
(H) a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77, 94 or 105 of chapter 272;
(I) a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B;
(J) an offense under chapter 94C for which the maximum term of imprisonment is more than 10 years;
(K) any violation of sections 102 or 102A, or a malicious violation of section 127 of chapter 266;
(L) a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or (m) of section 10 or section 11C of chapter 269;
(M) a violation of section 10A, 10E, or 10G of chapter 269;
(N) threats to kill, rape, or cause serious bodily injury; or
(O) conspiracy or solicitation to commit any of the above enumerated offenses.
SECTION 3. Said section 58A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 102 to 108, the second sentence of subsection (3) and inserting in place thereof the following two sentences:- A person detained under this subsection shall be detained until the disposition of the case; provided that the person shall be entitled to a speedy trial and shall be brought to trial as soon as reasonably possible and in any case within the time limit mandated pursuant to Massachusetts Rules of Criminal Procedure Rule 36 (b); and further provided that the person’s case shall be given priority over other cases, as required by Massachusetts Rules of Criminal Procedure Rule 36(a)(1). Nothing in this section shall be construed as modifying or limiting the requirements and provisions of Massachusetts Rules of Criminal Procedure Rule 36.
SECTION 4. Said section 58A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 113-to 124, the first four sentences of subsection (4) and inserting in place thereof the following five sentences:-
(4) When a person is charged with an offense listed in subsection (1) and upon a motion by the commonwealth, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.
If the commonwealth moves for a hearing at the time of arraignment, the hearing shall be held immediately upon the person's first appearance before the court unless that person, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed seven days, and a continuance on motion of the attorney for the commonwealth may not exceed three business days. During a continuance, the individual shall be detained upon a showing that there existed probable cause to arrest the person.
If the attorney for the commonwealth files a motion seeking to detain the person under this section at any time after the time of arraignment or the person’s first appearance before the court, the court shall order that the hearing shall occur as soon as possible and within the time periods and as otherwise set forth in this section.
SECTION 5. Said chapter 276 is hereby further amended by inserting after section 58B the following section:-
Section 58C. No person who has attained the age of 18 years and who has been charged with any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation of sections 13M or 15D of chapter 265, or any offense enumerated in subsection 1 of section 58A that involves an identified victim shall be admitted to bail before the alleged victim is notified of the person’s imminent release; provided, however, that the person charged shall not be held more than 6 hours in order to permit prior notice to the alleged victim.
When a person so charged is to be released from the custody of a police department, such notice shall be provided by the police department. When a person so charged is to be released from a courthouse, such notice shall be provided by the commonwealth. When a person so charged is to be released from a jail or correctional facility, such notice shall be provided by the superintendent or superintendent’s designee. The person or agency responsible for providing notice shall undertake to provide notice promptly.
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An Act improving accessibility in the creative economy
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S113
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SD2000
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:58:58.457'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:58:58.4566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T15:42:27.1566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-16T12:22:22'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:10:27.01'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:13:20.1866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:54:20.0033333'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-07-25T08:57:27.1066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-10T15:53:13.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S113/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 113) of Paul W. Mark, Vanna Howard, Jacob R. Oliveira and John Barrett, III for legislation to improve accessibility in the creative economy. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6 Section 186 of the General Laws is hereby amended by adding the following section:-
Section 1 (a). There shall be established and set up on the books of the commonwealth a separate fund, upon passage of this legislation, to be known as the Accessibility in the Creative Economy (ACE) grant program, to be administered by the office on disability for the purposes of supporting capital improvements and projects to improve programmatic access and or remove barriers encountered by persons with disabilities in applicant for-profit, non-profit and public organizations throughout the Commonwealth that are part of the arts, humanities and interpretive sciences sector.
(b) The fund shall be held in trust by the office on disability exclusively for the purposes established in section (a). The fund shall be administered by the office on disability, which will serve as treasurer and custodian of the fund and shall have the custody of its monies and securities, in consultation with the board established in section (c). As custodian of the fund, the office on disability may accept monetary donations to the fund from individuals, organizations, associations, nonprofits, businesses, estates, foundations or other entities. Under this program, no less than half of one per cent of the funds appropriated for the executive office of health and human services shall be designated for the ACE grant program.
In addition to the funds referenced above, the fund shall also include: (i) income derived from the investment of any amounts credited to the fund; and (ii) all other monies credited to or transferred to the fund from any other fund or source. The comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall be available for expenditure, without further appropriation, by the office on disability, and any money remaining in the fund shall not revert to the general fund and may be used in subsequent fiscal years for investments including, but not limited to supporting capital improvements and projects to improve programmatic access and or remove barriers encountered by persons with disabilities in applicant for-profit, non-profit and public arts, humanities and interpretive science organizations throughout the Commonwealth.
(c) There shall be a board consisting of a majority of individuals with disabilities and individuals with experience advocating on behalf of individuals with disabilities. The board shall consist of: 3 persons appointed by the governor, 2 persons appointed by the speaker of the house of representatives; 2 persons appointed by the senate president; the director of the office on disability or a designee, the managing director of open door arts or a designee; 1 person from the disability law center, and the executive director of mass cultural council or a designee.
(d) The board shall make recommendations to the office on disability on the criteria for making grants available to communities and organizations. Eligible uses shall include, but not be limited to: (i) training or comprehensive support for for-profit, non-profit and public organizations providing creative services; (ii) individualized consulting services created and led by members of the disabilities community; (iii) capital improvements specifically dedicated to improving programmatic access or removing barriers encountered by persons with disabilities in applicant facilities, including but not limited to increasing both physical access and programmatic access through the addition of features such as ramps, elevators, power lifts and limited use/limited application (LULAs) signage, communication access devices, curb cuts or any other features that are designed to improve architectural access or programmatic access; (iv) planning for updating or creating a self-evaluation or transition plan as required under the Administrative Requirements of Title III of the ADA; and (v) in selecting applicant organizations for capital or projects, the board shall give preference to artists residing in the commonwealth. Grants will be awarded on a competitive basis to projects that demonstrate real and tangible positive impacts to persons with disabilities. The distribution of grants from the fund shall consider racial diversity and equity, geographic diversity, and programmatic diversity within the cultural sector.
(e) The board shall submit an annual report to the director of the office on disability, the house and senate committees on ways and means, the joint committee on tourism, arts and cultural development, and the joint committee on children, families and persons with disabilities no later than December 31 detailing the expenditure of the funds, including the amount of assistance provided to qualified organizations and a list of grant recipients. Said report shall also include the unexpended balance of the fund. This report shall be considered a public record.
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An Act relative to parentage to promote children's security
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S1130
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SD1356
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-19T14:51:12.44'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-19T14:51:12.44'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:09:30.6'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T14:22:05.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1130/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1130) of Bruce E. Tarr, Adam Scanlon and Michael J. Barrett for legislation relative to parentage to promote children's security. The Judiciary.
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SECTION 1. Section 1 of chapter 209C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in line 3 by inserting after the word “children.” the following sentence:- It is the public policy of the Commonwealth under this chapter, as well as under chapter 209E, that every child has the same rights and protections under law as any other child without regard to the marital status or gender of the parents or the circumstances of the birth of the child, including whether the child was born as a result of assisted reproduction or surrogacy.
SECTION 1A. Section 1 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in line 11-12, the words “a man and woman” and inserting in place thereof the following word:- people.
SECTION 1B. Said section 1 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, and in lines 14, 15 and 17, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 2. Said section 1 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 11 and in line 20, the words “child born out of wedlock” and inserting in place thereof, in each instance, the following words:- nonmarital child.
SECTION 3. Section 2 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 1, the word “Paternity” and inserting in place thereof the following word:- Parentage.
SECTION 4. Said section 2 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 12, 13, 16, and in line 18, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 5. Said section 2 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 5, the words “paternity filed pursuant to this chapter” and inserting in place thereof the following words:- parentage filed pursuant to this chapter or chapter 209E.
SECTION 6. Section 3 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 3, 7, lines 35 and 36, and in line 51, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 7. Said section 3 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “parentage”, in line 4, the following words:- under this chapter.
SECTION 8. Section 4 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 11, the word “paternity”, and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 9. Section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, lines 19, 35, 55, 60 and 62, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 10. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “mother”, in lines 3, 7, the first time it appears, and in line 17, the following words:- person who gave birth.
SECTION 11. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 4, the words “the mother” and inserting in place thereof the following words:- that person.
SECTION 12, Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 4 and in line 9, the second time it appears, the word “father” and inserting in place thereof, in each instance, the following words:- other parent.
SECTION 13. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4 and 21, the word “himself” and inserting in place thereof, in each instance, the following word:- themselves.
SECTION 14. Said section 5 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 21 and 22, the words “mother’s husband” and inserting in place thereof the following word:- spouse.
SECTION 15. Said section 5 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 24 to 37, inclusive, the words “mother and the putative father, whether either or both is a minor, and may be registered pursuant to section 11 only if the signatures of the mother and the father are notarized. If the mother of the child was or is married and the child’s birth occurs during the marriage or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage naming the putative father may be executed by the mother and the putative father only if the mother and the person who was the spouse of the mother at the time of the child’s birth or conception sign an affidavit denying that the spouse is the father of the child; provided, however, that where the marriage has been terminated by annulment or by the death of either spouse, paternity of the putative father may only be established by filing a complaint to establish paternity as provided in this chapter. A mother and a putative father” and inserting in place thereof the following words:- person who gave birth and either a presumed parent or alleged genetic parent as provided in this chapter or an intended parent as provided in Article 6 of chapter 209E, whether either or both is a minor and may be registered pursuant to section 11 only if the signatures of both signatories are notarized or witnessed. If the person who gave birth to the child was or is married and the child’s birth occurs during the marriage or within 300 days of its termination by divorce, a voluntary acknowledgment of parentage naming the other parent may be executed by the person who gave birth and the other parent only if the person who gave birth and the person who was the spouse of the person who gave birth at the time of the child’s birth or conception sign an affidavit denying that the spouse is the parent of the child; provided, however, that where the marriage has been terminated by annulment or by the death of either spouse, parentage of the other parent may only be established by filing a complaint to establish parentage as provided in this chapter. A person who gave birth and the other parent.
SECTION 15A. Subsection (b) of said section 5 of said chapter 209C, as so appearing, is hereby further amended in line 50 by inserting, after the word “chapter.” the following sentence:- For the purposes of this chapter the term “alleged genetic parent”, means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes a putative parent, an alleged genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B) an individual whose parental rights have been terminated or declared not to exist; or (C) a donor, as defined in chapter 209E, section 102.
SECTION 16. Section 6 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “In all actions under this chapter a man is presumed to be the father of a child and must be joined as a party” and inserting in place thereof the following words:- A person is presumed to be the parent of a child and shall be joined as a party in all actions under this chapter.
SECTION 17. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 3, 6, 11,14, 16, 18 and 26, the word “he” and inserting in place thereof, in each instance, the following words:- the person.
SECTION 18. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 3, 7 and 32, the word “mother” and inserting in place thereof, in each instance, the following words:- person who gave birth.
SECTION 19. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 21 to 23, inclusive, the words “he has acknowledged paternity in a parental responsibility claim as provided in section four A of chapter two hundred and ten and the mother” and inserting in place thereof the following words:- the person has acknowledged parentage in a parental responsibility claim as provided in section 4A of chapter 210 and the person who gave birth.
SECTION 20. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Notwithstanding subsection (a), a spouse or former spouse shall not be required to be joined as a party if that person’s non-parentage of the child has previously been adjudicated in a proceeding between the spouse and the person who gave birth to the child in a court or administrative agency of competent jurisdiction.
SECTION 21. Said section 6 of said chapter 209C, as so appearing, is hereby further amended by adding the following subsection:-
(d) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this chapter or as follows:
(1) A presumption of parentage cannot be overcome after the child attains 2 years of age unless the court determines: (i) the presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or (ii) the child has more than 1 presumed parent.
(2) A proceeding to challenge the marital presumption by an alleged genetic parent who is not a presumed parent may be permitted by a court only if the alleged genetic parent proves, by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child relationship with the child. If the court permits the proceeding, the court shall adjudicate parentage under chapter 209E, section 511.
(3) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child; (ii) If the presumed parent is identified as a genetic parent of the child and that identification is not successfully challenged, the court shall adjudicate the presumed parent to be a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors of chapter 209E, section 511(a) and (b).
(4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under chapter 209E, section 511.
SECTION 22. Section 7 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 3 and 4 and in line 8, the word “paternity” and inserting in place thereof, in each instance, the word:- parentage.
SECTION 23. Section 8 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1, 2, 5 and 15, the word “paternity” and inserting in place thereof the following word:- parentage.
SECTION 24. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 7, the words “mother or putative father submits” and inserting in place thereof the following words:- person who gave birth or alleged genetic parent submits sufficient evidence, which may include evidence.
SECTION 25. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the word “father or mother” and inserting in place thereof the following word:- parent
.SECTION 26. Said section 8 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 16, the word “mother” and inserting in place thereof the following words:- person who gave birth.
SECTION 26A. Section 9 of said chapter 209C, as so appearing, is hereby amended by striking out, in line X, the word “mother” and inserting in place thereof, the following word: person who gave birth.
SECTION 27. Subsection (a) of section 10 of said chapter 209C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Upon or after an adjudication or voluntary acknowledgment of parentage for a nonmarital child, the court may award custody to either parent or to them jointly or to another suitable person as hereafter further specified as may be appropriate in the best interests of the child.
SECTION 28. Said section 10 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Prior to or in the absence of an adjudication or voluntary acknowledgment of parentage, the person who gave birth shall have custody of a nonmarital child. In the absence of an order or judgment of a probate and family court relative to custody, the person who gave birth shall continue to have custody of a child after an adjudication of parentage or voluntary acknowledgment of parentage.
SECTION 29. Section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the words “putative father” and inserting in place thereof, in each instance, the following words:- alleged genetic parent, presumed parent or intended parent.
SECTION 29A. Section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 3 the word “mother” and inserting in place thereof the following words:- person who gave birth to.
SECTION 29B. Section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 21 the word “mother” and inserting in place thereof the following words: - person who gave birth.
SECTION 30. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 7, 20, 22, 37 and 49 the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 31. Said section 11 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 21, the word “father” and inserting in place thereof the following word:- parent.
SECTION 32. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 2 and 59, the word “father” and inserting in place thereof, in each instance, the following words:- parent, presumed parent or intended parent.
SECTION 33. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by inserting after the word “be”, in line 16, the following words:- in a record signed by the person who gave birth and by the individual seeking to establish a parent-child relationship and the signatures must be and is hereby further amended by inserting after the word “public,” in line 17 and in line 77, the following words:- or witnessed.
SECTION 34. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 43, the word “rescind” and inserting in place thereof the following word:- challenge.
SECTION 35. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out the tenth sentence and inserting in place thereof the following sentence:- If either party rescinds the acknowledgment in a timely fashion and the basis of the acknowledgment is genetic parentage, the court shall order genetic marker testing and proceed to adjudicate parentage or nonparentage in accordance with this chapter; provided, however, that the rescinded acknowledgment shall constitute the proper showing required for an order to submit to such testing; and provided, further, that the rescinded acknowledgment shall be admissible as evidence of the alleged genetic parent’s parentage and shall serve as sufficient basis for admitting the report of the results of genetic marker tests.
SECTION 36. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 56, the word “nonpaternity” and inserting in place thereof the following word:- nonparentage.
SECTION 37. Said section 11 of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 59, the word “a mother and father” and inserting in place thereof the following words:- parents.
SECTION 38 . Said section 11 of said chapter 209C, as so appearing, is hereby further amended by adding the following subsection:-
(e) If there are competing claims of parentage of a child with an acknowledged parent, the court shall adjudicate parentage as provided in section 511 of chapter 209E.
SECTION 39. Section 12 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “paternity” and inserting in place there of the following word:- parentage.
SECTION 40. Section 13 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “paternity or in which paternity of a child is an issue” and inserting in place thereof the following words:- parentage or in which parentage of a child is an issue pursuant to this chapter.
SECTION 41. Said section 13 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 7 to 9, inclusive, the words “father is adjudicated not to be the father of the child; provided, however, that the child, the child’s mother, the person adjudicated to be the father” and inserting in place thereof the following words:- parent is adjudicated not to be the parent of the child; provided, however, that the child, the person who gave birth to the child, the person adjudicated to be the parent.
SECTION 42. Said chapter 209C is hereby further amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-
Section 14. An action to establish parentage of a child pursuant to this chapter may be instituted during pregnancy but shall only be filed by the person to give birth or their representative or by the IV-D agency as set forth in chapter 119A on behalf of the person to give birth. In the case of any complaint brought prior to the birth of the child, no final judgment on the issue of parentage shall be made until after the birth of the child; provided, however, that the court may order temporary support or health care coverage.
SECTION 43. Section 16 of said chapter 209C, as so appearing, is hereby amended by striking out subsections (c), (d) and (e) and inserting in place thereof the following 3 subsections:-
(c) In an action pursuant to this chapter, the person who gave birth and the alleged parent shall be competent to testify and no privilege or disqualification created under chapter 233 shall prohibit testimony by a spouse or former spouse which is otherwise competent. If the person who gave birth is or was married, both that person and their spouse or former spouse may testify to parentage of the child.
(d) In an action to establish parentage, testimony relating to sexual access to the person who gave birth by an unidentified person at any time or by an identified person at any time other than the probable time of conception of the child is inadmissible in evidence unless offered by the person who gave birth.
(e) In an action to establish parentage based on alleged genetic parentage, the court may view the person who gave birth, the child and the alleged genetic parent to note any resemblance among the parties notwithstanding the absence of expert testimony.
SECTION 44. Said section 16(f) of said chapter 209C, as so appearing, is hereby further amended by striking out, in line 25, the word “mother” and inserting in place thereof the following words:- person who gave birth.
SECTION 45. Said section 16 of said chapter 209C, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) All other evidence relevant to the issue of parentage of the child, custody of a child or support of a child shall also be admissible.
SECTION 46. Section 17 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 1, the words “paternity of a child born out of wedlock” and inserting in place thereof the following words:- parentage of a nonmarital child based on alleged genetic parentage.
SECTION 47. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4, 9, 10, 13,26 and 28, the word “mother” and inserting in place thereof, in each instance, the following words:- person who gave birth.
SECTION 48. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 4, 10, 13, lines 21 and 22, 28, 31, lines 48 and 49, both times they appear, the word “father” and inserting in place thereof, in each instance, the following words:- genetic parent.
SECTION 49. Said section 17 of said chapter 209C, as so appearing, is hereby further amended by striking out, in lines 31 and 49, the word “father” and inserting in place thereof, in each instance, the following words:- parent.
SECTION 50. Said section 17 of said chapter 209C, as so appearing, is hereby amended in line 56 by inserting, after the word “party.” the following sentence:- Genetic testing shall not be used to challenge the parentage of an individual who is a parent under Article 6 of chapter 209E or to establish the parentage of an individual who is a donor as provided in said chapter 209E.
SECTION 51. Section 21 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 2, the word “establishing paternity shall apply” and inserting in place thereof the following words:- determining the existence of a father and child relationship shall apply.
SECTION 52. Section 22 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 9, the word “or”,- and by inserting after the word “nine D”, in lines 6 and 10, the following words:- , or 209E.
SECTION 53. Section 23 of said chapter 209C, as so appearing, is hereby amended by striking out, in lines 1, 10, 11 and 14, the word “paternity” and inserting in place thereof, in each instance, the following word:- parentage.
SECTION 54. The General Laws are hereby amended by inserting after chapter 209D the following chapter:
Chapter 209E
The Massachusetts Parentage Act.
Article 1. GENERAL PROVISIONS
Section 101. This chapter may be cited as the Massachusetts Parentage Act.
Section 102. For the purposes of this chapter the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Acknowledged parent”, an individual who has established a parent-child relationship through a voluntary acknowledgement of parentage.
“Adjudicated parent”, an individual who has been adjudicated to be a parent of a child by a court with jurisdiction.
“Alleged genetic parent”, an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. The term includes a putative parent, alleged genetic father and alleged genetic mother. The term does not include: (A) a presumed parent; (B) an individual whose parental rights have been terminated or declared not to exist; or (C) a donor.
“Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes but is not limited to:
(A) intrauterine, intracervical insemination, or vaginal insemination;
(B) donation of gametes;
(C) donation of embryos;
(D) in-vitro fertilization and transfer of embryos; and
(E) intracytoplasmic sperm injection.
“Birth”, includes stillbirth.
“Child”, an individual whose parentage may be determined under this chapter.
“Child-support agency”, a government entity or public official authorized to provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. sections 651 through 669.
“Determination of parentage”, establishment of a parent-child relationship by a court adjudication or signing of a valid acknowledgment of parentage.
“Donor”, an individual who provides a gamete or gametes or an embryo or embryos intended for assisted reproduction or gestation, whether or not for consideration. This term does not include:
(A) a person who gives birth to a child conceived by assisted reproduction, except as otherwise provided in Article 7; or
(B) a parent or intended parent under Article 6 or Article 7.
“Embryo”, a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a person under conditions in which gestation may be reasonably expected to occur.
“Gamete”, sperm or egg.
“Individual”, a natural person of any age.
“Intended parent”, an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction or a gestational or genetic carrier agreement.
“Marriage”, includes any legal relationship that provides substantially the same rights, benefits and responsibilities as marriage and is recognized as valid in the state or jurisdiction in which it was entered.
“Parent”, an individual who has established parentage that meets the requirements of this chapter.
“Parentage” or “parent-child relationship”, the legal relationship between a child and a parent of the child.
“Presumed parent”, an individual who under section 6 of chapter 209C is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under section 5 of said chapter 209C or a court adjudicates the individual to be a parent.
“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Sign”, with intent to authenticate or adopt a record to: (A) execute or adopt a tangible symbol; or (B) attach to or logically associate with the record an electronic symbol, sound or process.
“Signatory”, an individual who signs a record.
“State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
“Transfer”, a procedure for assisted reproduction by which an embryo or sperm is placed in the body of individual who will give birth to the child.
“Witnessed”, that at least 1 individual who is competent and disinterested has signed a record to verify that the individual personally observed a signatory sign the record.
Section 103. SCOPE.
(a) This chapter applies to an adjudication or determination of parentage.
(b) This chapter does not create, affect, enlarge or diminish parental rights or duties under the law of this state other than this chapter.
Section 104. AUTHORIZED COURT.
The probate and family court department has jurisdiction to adjudicate parentage under this chapter. The district, Boston municipal, and juvenile court departments shall retain concurrent jurisdiction over adjudication of parentage and to accept registration of voluntary acknowledgments of parentage as provided in section 3 of chapter 209C.
Section 105. APPLICABLE LAW.
The court shall apply the law of this state to adjudicate parentage under this chapter, regardless of:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
Section 106. DATA PRIVACY.
A proceeding under this chapter is subject to the law of this state other than this chapter which governs the health, safety, privacy and liberty of a child or other individual who could be affected by disclosure of information that could identify the child or other individual, including address, telephone number, digital contact information, place of employment, Social Security number, and the child’s day-care facility or school.
Section 107. ESTABLISHMENT OF PARENTAGE.
To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship. This chapter is intended to allow access to establish parentage in a gender-neutral manner.
Article 2. PARENT-CHILD RELATIONSHIP
Section 201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.
A parent-child relationship is established between an individual and a child by any of the following:
(1) Birth: the individual gives birth to the child, except as otherwise provided in Article 7 of this chapter;
(2) Presumption: there is a presumption under section 6 of chapter 209C, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made;
(3) Adjudication: the individual is adjudicated a parent of the child by a court with jurisdiction;
(4) Adoption: the individual adopts the child pursuant to chapter 210;
(5) Acknowledgment: the individual acknowledges parentage of the child under chapter 209C, unless the acknowledgment is rescinded or successfully challenged;
(6) De Facto Parentage: the individual is adjudicated a de facto parent of the child under section 508;
(7) Assisted reproduction: the individual’s parentage of the child is established under Article 6 of this chapter; or
(8) Gestational or genetic surrogacy agreement: the individual’s parentage of the child is established under Article 7 of this chapter.
Section 202. NONDISCRIMINATION.
Every child has the same rights under law as any other child without regard to the marital status or gender of the parents or the circumstances of the birth of the child.
Section 203. CONSEQUENCES OF ESTABLISHING PARENTAGE. Unless parental rights have been terminated or an exception has been stated explicitly in this chapter, a parent-child relationship established under this chapter applies for all purposes, including the rights and duties of parentage.
Section 204. FULL FAITH AND CREDIT.
The commonwealth shall give full faith and credit to a determination of parentage from another state if the determination is valid and effective in accordance with the law of the other state.
Article 3. [Reserved]
Article 4. [Reserved]
Article 5. PROCEEDING TO ADJUDICATE PARENTAGE
Section 501. PROCEEDING AUTHORIZED.
(a) A proceeding may be commenced to adjudicate the parentage of a child as provided for in this chapter. Except as otherwise provided in this chapter, the proceeding is governed by the Massachusetts rules of domestic relations procedure.
(b) A proceeding to adjudicate the parentage of a child born under a surrogacy agreement is governed by Article 7 of this chapter.
Section 502. STANDING TO MAINTAIN PROCEEDING.
Except as otherwise provided in sections 507 through 509, a proceeding to adjudicate parentage under this chapter may be maintained by:
(1) the child;
(2) the individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent of the child;
(3) an individual who has an established parent-child relationship under section 201 of this chapter;
(4) an individual whose parentage of the child is to be adjudicated under this chapter;
(5) if the child is or was a recipient of any type of public assistance, by the IV–D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program of the commonwealth;
(6) by the authorized agent of the department of children and families or any agency licensed under chapter 15D provided that the child is in their custody; or,
(7) a representative authorized by law of this state other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor.
Section 503. NOTICE OF PROCEEDING.
(a) The plaintiff shall give notice of a proceeding to adjudicate parentage under Article 5 to the following individuals:
(1) the individual who gave birth to the child, unless a court has adjudicated that this individual is not a parent of the child;
(2) an individual who is a parent of the child under this chapter;
(3) a presumed, acknowledged, or adjudicated parent of the child;
(4) an individual whose parentage of the child is to be adjudicated;
(5) the child, if the child is above the age of 14; and
(6) if the child is a recipient of any type of public assistance, the IV–D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program of the commonwealth.
(b) An individual entitled to notice under subsection (a) has a right to intervene in the proceeding.
(c) Lack of notice required by subsection (a) does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (a) from bringing a proceeding under subsection (b) of section 511.
(d) A donor shall not be entitled to notice.
Section 504. PERSONAL JURISDICTION.
(a) The court may adjudicate an individual’s parentage of a child only if the court has personal jurisdiction over the individual.
Section 505. VENUE.
Venue for a proceeding to adjudicate parentage under this chapter is in the county of this state in which:
(1) the child resides or, for the purposes of Article 6 or 7, is or will be born;
(2) any parent or intended parent resides;
(3) the defendant resides or is located if the child does not reside in this state; or
(4) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter.
Section 506. ADJUDICATING PARENTAGE OF CHILD WITH ALLEGED GENETIC PARENT.
A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child shall be commenced pursuant to chapter 209C.
Section 507. ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED PARENT.
(a) A proceeding to determine whether a presumed parent is a parent of a child shall be commenced pursuant to chapter 209C.
Section 508. ADJUDICATING CLAIM OF DE FACTO PARENTAGE OF CHILD.
(a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who:
(1) is alive when the proceeding is commenced; and
(2) claims to be a de facto parent of the child.
(b) An individual who claims to be a de facto parent of a child shall commence a proceeding to establish parentage of a child under this section:
(1) before the child attains 18 years of age; and
(2) while the child is alive.
(c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section:
(1) The individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding.
(2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph
(1). A responsive pleading must be verified and must be served on parties to the proceeding.
(3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under paragraphs (1) and (2), whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of paragraphs (1) through (7) of subsection (d).
If the court holds a hearing under this subsection, the hearing shall be held on an expedited basis. The court may enter an interim order concerning contact between the child and an individual with standing seeking adjudication under this section as a de facto parent of the child.
(d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and convincing evidence that:
(1) the individual resided with the child as a regular member of the child’s household for a significant period of time;
(2) the individual engaged in consistent caretaking of the child which may include regularly caring for the child’s needs and making day-to-day decisions regarding the child individually or cooperatively with another parent;
(3) the individual undertook full and permanent responsibilities of a parent of the child without expectation or payment of financial compensation;
(4) the individual held out the child as the individual’s child;
(5) the individual established a bonded and dependent relationship with the child, which is parental in nature;
(6) another parent of the child fostered or supported the bonded and dependent relationship required under paragraph (5). A parent’s consent to guardianship shall not be considered as evidence that a parent fostered or supported the bonded and dependent relationship required under (5); and
(7) continuing the relationship between the individual and the child is in the best interest of the child.
(e) A parent of the child may use evidence of duress, coercion, or threat of harm to
contest an allegation that the parent fostered or supported a bonded and dependent relationship as
provided in subsection (d)(6) of this section. Such evidence may include whether, within the prior ten years, the individual seeking to be adjudicated a de facto parent has been convicted of rape, assault with intent to commit rape, indecent assault and battery, assault or assault and battery on a family or household member domestic assault, of the child or a parent of the child; was the subject of a final abuse prevention order pursuant to Chapter 209A because the individual was found to have committed abuse against the child or a parent of the child; or was substantiated for abuse against the child or a parent.
(f) Subject to other limitations in this part, if in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section 511 of this chapter.
(g) The adjudication of an individual as a de facto parent under this section does not disestablish the parentage of any other parent.
Section 508A. ADJUDICATING PARENTAGE OF CHILD WITH ACKNOWLEDGED PARENT.
(a) If a child has an acknowledged parent, a proceeding to challenge that acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by chapter 209C.
(b) If a child has an acknowledged parent, the following rules apply to a proceeding to challenge the acknowledgment of parentage or denial of parentage brought by an individual, other than the child, who has standing under Section 502 and was not a signatory to the acknowledgment or denial:
(i) The individual must commence the proceeding not later than one year after the effective date of the acknowledgment unless the individual did not know and could not have reasonably known of the individual’s potential parentage due to a material misrepresentation or concealment, in which case the proceeding shall be commenced within one year after the discovery of the individual’s potential parentage.
(ii) After the action is commenced, the court must first determine whether permitting the proceeding is in the best interests of the child.
(iii) If the court finds that permitting the proceeding is in the best interests of the child, the court shall adjudicate parentage under section 511 of this chapter.
Section 509. ADJUDICATING PARENTAGE OF CHILD WITH ADJUDICATED PARENT.
(a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice, is governed by the rules governing a collateral attack on a judgment.
(b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under section 502 and was not a party to the adjudication and did not receive notice under section 503:
(1) the individual must commence the proceeding not later than 2 years after the effective date of the adjudication;
(2) after the action is commenced, the court must first determine whether permitting the proceeding is in the best interest of the child; and
(3) if the court finds that permitting the proceeding is in the best interests of the child, the court shall adjudicate parentage under section 511 of this chapter.
Section 510. ADJUDICATING PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
(a) An individual who is a parent under Article 6 of this chapter or the individual who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under Article 6, the court shall adjudicate the individual to be a parent of the child.
(b) In a proceeding to adjudicate an individual’s parentage of a child, if another individual other than the person who gave birth to the child is a parent under Article 6, the court shall adjudicate the individual’s parentage of a child under section 511 of this chapter.
Section 511. ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
(a) In a proceeding to adjudicate competing claims of, or challenges under this article or chapter 209C to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best interest of the child, based on:
(1) the age of the child;
(2) the length of time during which each individual assumed the role of parent of the child;
(3) the nature of the relationship between the child and each individual;
(4) the harm to the child if the relationship between the child and each individual is not recognized;
(5) the basis for each individual’s claim to parentage of the child; and
(6) other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.
(b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a), the court shall consider:
(1) the facts surrounding the discovery that the individual might not be a genetic parent of the child; and
(2) the length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.
(c) The court may adjudicate a child to have more than 2 parents under this chapter if the court finds that it is in the best interests of the child to do so. A finding of best interests of the child under this subsection does not require a finding of unfitness of any parent or person seeking an adjudication of parentage.
Section 512. TEMPORARY ORDER.
(a) In a proceeding under this article, the court may issue a temporary order for child support if the order is consistent with law of this state other than this chapter and the individual ordered to pay support is:
(1) a presumed parent of the child;
(2) petitioning to be adjudicated a parent;
(3) identified as a genetic parent through genetic testing pursuant to this chapter or chapter 209C;
(4) an alleged genetic parent who has declined to submit to genetic testing pursuant to this chapter or chapter 209C;
(5) shown by a preponderance of evidence to be a parent of the child; or
(6) a parent under this chapter.
(b) A temporary order may include a provision for custody, parenting time, and visitation under law of this state other than this chapter.
(c) If the child on whose behalf an order of support is sought is a recipient of benefits pursuant to chapter 117, 118 or 119 and the department of transitional assistance, the department of children and families, the division of medical assistance or any other public assistance program has not been made a party, the court shall notify the IV-D agency of the order or judgment of support. Each judgment or order of support which is issued pursuant to this chapter shall conform to and shall be enforced in accordance with the provisions of chapter one hundred and nineteen A.
Section 513. CONSOLIDATING PROCEEDINGS.
(a) Except as otherwise provided in subsection (b) and consistent with the jurisdiction of the court under the law of this state other than this chapter, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, care and protection, child custody or parenting time or visitation, guardianship, child support, divorce, annulment, separate support, administration of an estate or other appropriate proceeding.
(b) A defendant may not combine a proceeding described in subsection (a) with a proceeding to adjudicate parentage brought under chapter 209D, the Uniform Interstate Family Support Act.
Section 514. PROCEEDING BEFORE BIRTH.
Except as otherwise provided in Article 6 and Article 7 of this chapter, a proceeding to adjudicate parentage may be commenced before the birth of the child and an order or judgment may be entered before birth, but enforcement of the order or judgment of parentage must be stayed until the birth of the child.
Section 515. COURT TO ADJUDICATE PARENTAGE.
The court shall adjudicate parentage of a child without a jury.
Section 516. HEARING; INSPECTION OF RECORDS.
(a) On request of a party, the court may close a proceeding under this article to the general public.
(b) All complaints, pleadings, papers or documents filed pursuant to this article, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated.
Section 517. DISMISSAL FOR WANT OF PROSECUTION.
The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Section 518. ORDER ADJUDICATING PARENTAGE.
(a) In a proceeding under this article, the court shall issue a final judgment adjudicating whether a person alleged or claiming to be a parent is the parent of a child.
(b) A final judgment under subsection (a) shall identify the child by name and date of birth.
(c) On request of a party and consistent with law of this state other than this chapter, the court in a proceeding under this article may order the name of the child changed.
(d) If the final judgment under subsection (a) is at variance with the child’s birth certificate, the court shall order the department of public health to issue an amended birth certificate.
Section 519. BINDING EFFECT OF DETERMINATION OF PARENTAGE.
a) Except as otherwise provided herein:
(1) a signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in chapter 209C; and
(2) a party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of section 2-201 of chapter 209D and any individual who received notice of the proceeding are bound by the adjudication.
(b) A child is not bound by a determination of parentage under this chapter unless: (1) the determination as based on an unrescinded acknowledgement of parentage and the acknowledgment is consistent with the results of genetic testing; (2) the determination was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or otherwise shown; (3) the determination of parentage was made under Article 6 or 7; or
(4) the child was a party or was represented by an attorney, guardian ad litem or similar individual in the proceeding.
(c) In a proceeding for divorce or annulment, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of section 2-201 of chapter 209D, and the final order:
(1) expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or
(2) provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in the order.
(d) Except as otherwise provided in subsection (b) or section 509, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of parentage may challenge the adjudication only under law of this state other than this chapter relating to appeal, vacation of judgment or other judicial review.
Article 6. ASSISTED REPRODUCTION
Section 601. SCOPE OF ARTICLE.
This article shall not apply to the birth of a child conceived by sexual intercourse or assisted reproduction by surrogacy agreement under Article 7.
Section 602. PARENTAL STATUS OF DONOR.
A donor is not a parent of a child conceived through assisted reproduction by virtue of the donor’s genetic connection.
Section 603. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
An individual who consents under section 604 to assisted reproduction by a person with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.
Section 604. CONSENT TO ASSISTED REPRODUCTION.
(a) Except as otherwise provided in subsection (b), the consent described in section 603 must be in a record signed by the individual giving birth to a child conceived by assisted reproduction and an individual who intends to be a parent of the child.
(b) Failure to consent in a record as provided by subsection (a), before, on or after birth of the child, does not preclude the court from finding consent to parentage if the court finds by a preponderance of the evidence that:
(1) prior to conception or birth of the child, both parties agreed that they would be parents of the child; or
(2) the individual who seeks to be a parent of the child voluntarily participated in and consented to the assisted reproduction that resulted in the conception of the child.
Section 605. LIMITATION ON SPOUSE’S DISPUTE OF PARENTAGE.
(a) Except as otherwise provided in subsection (b), an individual who, at the time of a child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may not challenge the individual’s parentage of the child unless:
(1) not later than 2 years after the birth of the child, the spouse commences a proceeding to adjudicate their own parentage of the child; and
(2) the court finds the spouse did not consent to the assisted reproduction, before, on or after birth of the child, or withdrew consent under section 607.
(b) A proceeding by a spouse to challenge that their own parentage of a child born by assisted reproduction may be commenced at any time if the court determines:
(1) the spouse neither provided a gamete for, nor consented to, the assisted reproduction;
(2) the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and
(3) the spouse never openly held out the child as their child.
(c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs.
(d) The person giving birth shall not challenge a spouse’s parentage under this section.
Section 606. EFFECT OF CERTAIN LEGAL PROCEEDINGS REGARDING MARRIAGE.
If a marriage of a person who gives birth to a child conceived by assisted reproduction is terminated through divorce or annulment before transfer or implantation of gametes or embryos to the person giving birth, a former spouse of the person giving birth is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a divorce or annulment, and the former spouse did not withdraw consent under section 607.
Section 607. WITHDRAWAL OF CONSENT.
(a) An individual who consents under section 604 to assisted reproduction may withdraw consent any time before a transfer or implantation of gametes or embryos that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider who may be facilitating the assisted reproduction. Failure to give notice to the clinic or health- care provider does not affect a determination of parentage under this chapter.
(b) An individual who withdraws consent under subsection (a) is not a parent of the child under this article.
Section 608. PARENTAL STATUS OF DECEASED INDIVIDUAL.
(a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter.
(b) If an individual who consented in a record to assisted reproduction by a person who agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:
(1) either:
(A) the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or
(B) the individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence; and
(2) either:
(A) the embryo is in utero not later than 36 months after the individual’s death; or
(B) the child is born not later than 45 months after the individual’s death.
Section 609. LABORATORY ERROR.
If due to a laboratory error the child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are the parents of the child unless otherwise determined by the court.
Section 610. LIMITATIONS ON GENETIC TESTING.
Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C, shall not be used: (1) to challenge the parentage of an individual who is a parent under this Article; or (2) to establish the parentage of an individual who is a donor.
Section 611. PARENTAGE JUDGMENTS OF CHILDREN BORN OF ASSISTED REPRODUCTION.
(a)A party consenting to assisted reproduction, an individual who is a parent pursuant to sections 603 and 604 of this chapter, an intended parent or parents or the individual giving birth may commence a proceeding to obtain an order:
(1) Declaring that the intended parent or parents are the parent or parents of the resulting child immediately upon birth of the child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon birth of the child; and(
2) Designating the contents of the birth certificate and directing the department of public health to designate the intended parent or parents as the parent or parents of the resulting child.
(b) A proceeding under this section may be commenced before or after the date of birth of the child, though an order issued before the birth of the resulting child does not take effect unless and until the birth of the resulting child. Nothing in this subsection shall be construed to limit the court’s authority to issue other orders under any other provision of the general laws.
(c)Neither the state, the department of public health nor the hospital where the child is or expected to be born shall be a necessary party to a proceeding under this section.
Section 612. INSPECTION OF DOCUMENTS.
All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the resulting child or a party. All such complaints, pleadings, papers or documents shall be segregated.
Article 7. PARENTAGE BY SURROGACY AGREEMENT
PART 1 GENERAL REQUIREMENTS
Section 701. DEFINITIONS.
In this article the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Genetic surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete, under a genetic surrogacy agreement as provided in this article.
“Gestational surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual’s own, under a gestational surrogacy agreement as provided in this article.
“Surrogacy agreement”, an agreement between 1 or more intended parents and an individual who is not an intended parent in which the person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a gestational surrogacy agreement and a genetic surrogacy agreement.
Section 702. ELIGIBILITY TO ENTER GESTATIONAL OR GENETIC SURROGACY AGREEMENT.
(a) To execute an agreement to act as a gestational or genetic surrogate, an individual shall:
(1) be at least 21 years of age;
(2) previously have given birth to at least 1 child;
(3) complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;
(4) complete a mental-health consultation by a licensed mental health professional; and
(5) have independent legal representation of the person’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement and that is paid for by the intended parent or parents.
(b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:
(1) be at least 21 years of age;
(2) complete a mental-health consultation by a licensed mental health professional; and
(3) have independent legal representation of the intended parent’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
Section 703. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT: PROCESS.
A surrogacy agreement shall be executed in compliance with the following rules:
(1) At least 1 party shall be a resident of this state or, if no party is a resident of this state, at least 1 medical evaluation or procedure or mental-health consultation under the agreement shall occur in this state, or the birth is anticipated to or does occur in this state.
(2) An individual acting as a surrogate and each intended parent shall meet the requirements of section 702.
(3) Each intended parent, the individual acting as surrogate, and spouse, if any, of the individual acting as surrogate shall be parties to the agreement.
(4) The agreement shall be in a record signed by each party listed in paragraph (3).
(5) The surrogate and each intended parent shall receive a copy of the agreement.
(6) The signature of each party to the agreement shall be attested by a notary or witnessed.
(7) The individual acting as surrogate and, if married, the spouse of the individual acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement paid for by the intended parent or parents, and each counsel shall be identified in the surrogacy agreement. A single attorney for the individual acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct.
(8) The intended parent or parents shall pay for independent legal representation for the individual acting as surrogate and the individual’s spouse, if any.
(9) The agreement shall be executed before a medical procedure occurs related to attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical evaluation and mental health consultation required by section 702.
Section 704. REQUIREMENTS OF GESTATIONAL OR GENETIC SURROGACY AGREEMENT: CONTENT.
(a) A surrogacy agreement shall comply with the following requirements:
(1) An individual acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction.
(2) Except as otherwise provided in sections 711, 715, and 716, the individual acting as surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement.
(3) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the individual acting as surrogate by the surrogacy agreement.
(4) Except as otherwise provided in sections709, 712, , 715, and 716, the intended parent or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the child shall be the exclusive parent or parents of the child, regardless of the number of children born or gender or mental or physical condition of each child.
(5) Except as otherwise provided in sections 709, 712, 715, and 716, the intended parent or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or mental or physical condition of each child.
(6) The surrogacy agreement shall include information providing that the intended parent or parents shall be responsible for the surrogacy-related expenses, including medical expenses, of the individual acting as surrogate and the medical expenses of the child.
(7) The intended parent or parents are liable for the surrogacy-related expenses of the person acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subdivision shall not be construed to supplant any health insurance coverage that is otherwise available to the individual acting as surrogate or an intended parent for the coverage of health care costs. This subdivision shall not change the health insurance coverage of the individual acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers a individual acting as surrogate.
(8) The surrogacy agreement shall not infringe on the rights of the individual acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not infringe upon the right of the individual acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the individual acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subdivision are void as against public policy.
(9) The surrogacy agreement shall include information about each party’s right under this article to terminate the surrogacy agreement.
(b) A surrogacy agreement may provide for:
(1) payment of consideration and reasonable expenses; and
(2) reimbursement of specific expenses if the agreement is terminated under this article.
(c) A right created under a surrogacy agreement is not assignable and there is no third- party beneficiary of the agreement other than the child.
Section 705. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT CHANGE OF MARITAL STATUS.
(a) Unless a surrogacy agreement expressly provides otherwise:
(1) the marriage of an individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the surrogacy agreement is not required and the surrogate’s spouse is not a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement; and
(2) the divorce or annulment of the individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement.
(b) Unless a surrogacy agreement expressly provides otherwise:
(1) the marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement; and
(2) the divorce or annulment of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and the intended parents are the parents of the child.
Section 706. INSPECTION OF DOCUMENTS.
All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child resulting from the surrogacy agreement or by a party to the surrogacy agreement. All such complaints, pleadings, papers or documents shall be segregated.
Section 707. EXCLUSIVE, CONTINUING JURISDICTION.
During the period after the execution of a surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section does not give the court jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this state other than this chapter. PART 2. SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT
Section 708. TERMINATION OF GESTATIONAL SURROGACY AGREEMENT.
(a) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer.
(b) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (a), the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the individual acting as gestational surrogate through the date of termination.
(c) Except in a case involving fraud, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section.
Section 709. PARENTAGE UNDER GESTATIONAL SURROGACY AGREEMENT.
(a) Except as otherwise provided in subsection (c) or section 710(b) or 712, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child.
(b) Except as otherwise provided in subsection (c) or section 712, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child.
(c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage shall be determined based on Articles 1 through 5 of this chapter.
(d) Except as otherwise provided in subsection (c) or subsection (b) of section 710 or section 712, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child.
Section 710. GESTATIONAL SURROGACY AGREEMENT: PARENTAGE OF DECEASED INTENDED PARENT.
(a) Section 709 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.
(b) Except as otherwise provided in section 712, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(1) the surrogacy agreement provides otherwise; and
(2) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent.
Section 711. GESTATIONAL SURROGACY AGREEMENT: ORDER OR JUDGMENT OF PARENTAGE.
(a) Except as otherwise provided in subsection (c) of section 709 or section 712, before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, any party to the agreement may commence a proceeding in the probate and family court in the county where the intended parents(s) reside, where the individual acting as a gestational surrogate resides or where the resulting child is born or expected to be born for an order or judgment of parentage:
(1) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;
(2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, are not the parents of the child;
(3) designating the content of the birth record in accordance with chapter 46 and directing the department of public health to designate each intended parent as a parent of the child;
(4) to protect the privacy of the child and the parties, declaring that the court record and related pleadings shall be impounded in accordance with section 706;
(5) if necessary, that the child be surrendered to the intended parent or parents;
(6) if necessary, that the hospital where the child will be or has been born, treat the intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions; and
(7) for other relief the court determines necessary and proper.
(a) before or after the birth of the child, as requested by the parties.
(b) The court may issue an order or judgment under subsection
(c) Neither this state or the department of public health nor any town clerk nor the hospital where the child is to be born is a necessary party to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding.
(d) A complaint under this section shall be supported by the following: (i) sworn affidavits of the parties to the surrogacy agreement and the assisted reproductive physician demonstrating the intent of the parties for the intended parent or parents to be the sole legal parent or parents of the child and that the child was born pursuant to assisted reproduction and (ii) certifications from the attorneys representing the intended parent(s) and the individual acting as gestational surrogate that the requirements of sections 702, 703 and 704 have been met. A complaint supported by such affidavits and certifications shall be sufficient to establish parentage, and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without a hearing.
(e) Where a complaint satisfies subsection (d), a court shall, within 30 days of the filing of the complaint, issue an order or judgment of parentage. Such parentage orders or judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship.
(f) In the event the certification required by subsection (d) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 702, 703 and 704 of this chapter, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections.
Section 712. EFFECT OF GESTATIONAL SURROGACY AGREEMENT.
(a) A gestational surrogacy agreement that substantially complies with sections 702, 703 and 704 is enforceable.
(b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not substantially comply with sections 702, 703 and 704, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.
(c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the individual acting as gestational surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
(d) Specific performance is not a remedy available for breach by an individual acting as gestational surrogate of a provision in the agreement that the individual acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
(e) Except as otherwise provided in subsection (d), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:
(1) breach of the agreement by an individual acting as gestational surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or
(2) breach by the intended parent which prevents the intended parent’s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.
PART 3. SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT
Section 713. REQUIREMENTS TO VALIDATE GENETIC SURROGACY AGREEMENT.
a) Except as otherwise provided in section 716, to be enforceable, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement.
(b) The court shall issue an order validating a genetic surrogacy agreement if the court finds that:
(1) sections 702, 703 and 704 of this chapter are satisfied; and
(2) all parties entered into the agreement voluntarily and understand its terms.
(c) An individual who terminates a genetic surrogacy agreement under section 714 shall file notice of the termination with the court and parties. On receipt of the notice, the court shall vacate any order issued under subsection (b).
Section 714. TERMINATION OF GENETIC SURROGACY AGREEMENT.
(a) A party to a genetic surrogacy agreement may terminate the agreement as follows:
An intended parent or individual acting as genetic surrogate who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed.
(b) An intended parent or individual acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 713 or 716 of this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court.
(c) A person may not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer has resulted in a pregnancy.
(d) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement except that any intended parent remains responsible for all expenses incurred by the individual acting as genetic surrogate through the date of termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the individual acting as surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate.
(e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section.
Section 715. PARENTAGE UNDER VALIDATED GENETIC SURROGACY AGREEMENT.
(a) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 713 or 716 of this chapter, each intended parent is, by operation of law, a parent of the resulting child.
(b) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 713 or 716 of this chapter, the intended parent or parents shall file a notice with the court that validated the agreement that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing:
(1) declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent;
(2) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, are not parents of the child;
(3) designating the contents of the birth certificate in accordance with chapter 46 and directing the department of public health to designate any intended parent as a parent of the child;
(4) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection in accordance with section 706;
(5) if necessary, that the child be surrendered to the intended parent or parents; and
(6) for other relief the court determines necessary and proper.
(c) Except as otherwise provided in subsection (d) or section 717, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child.
(d) If a child born to an individual acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction and the second source of genetic material is the spouse of the individual acting as genetic surrogate, then the surrogate and her spouse shall be found to be the parents of the child. If the second genetic source is an individual other than the spouse of the surrogate, then parentage shall be determined as provided in chapter 209C. However, if the second genetic source is an intended parent, the court, in its sole discretion, may determine parentage under Articles 1 through 5 of this chapter. Unless the genetic surrogacy agreement provides otherwise, the individual acting as genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate if the child was not conceived by assisted reproduction.
(e) If an intended parent fails to file the notice required under subsection (b) of this section, the individual acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the individual acting as genetic surrogate. On proof of a court order issued under sections 713 or 716 of this chapter validating the agreement, the court shall order that each intended parent is a parent of the child.
Section 716. EFFECT OF NONVALIDATED GENETIC SURROGACY AGREEMENT.
(a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 713 is enforceable only to the extent provided in this section and section 718.
(b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement if the court finds that:
(1) sections 702, 703 and 704 of this chapter are satisfied; and(2) all parties entered into the agreement voluntarily and understand its terms.(c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 713 or subsection (b) of this section is born, the individual acting as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection (a) of section 511 and the intent of the parties at the time of the execution of the agreement.
(d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section.
Section 717. GENETIC SURROGACY AGREEMENT: PARENTAGE OF DECEASED INTENDED PARENT.
(a) Except as otherwise provided in section 715 or 716, on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.
(b) Except as otherwise provided in section 715 or 716, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(1) the agreement provides otherwise; and
(2) the transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent.
Section 718. BREACH OF GENETIC SURROGACY AGREEMENT.
(a) Subject to section 714(d), if a genetic surrogacy agreement is breached by an individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
(b) Specific performance is not a remedy available for breach by an individual acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
(c) Except as otherwise provided in subsection (b), specific performance is a remedy available for:
(1) breach of a validated genetic surrogacy agreement by an individual acting as genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or
(2) breach by an intended parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.
Article 8. MISCELLANEOUS PROVISIONS
Section 1. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 2. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Section 3. Severability.
If any provision of this chapter or its application to any individual or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.
Section 4. Transitional provision.
This chapter applies to a proceeding in which no judgment has entered before the effective date of this act with respect to an individual’s parentage that has not already been adjudicated by a court of competent jurisdiction or determined by operation of law.
SECTION 55. This act shall take effect 1 year after its enactment
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An Act to strengthen rules governing attorney conduct; penalties for misconduct
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S1131
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SD1941
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T10:56:40.673'}
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[{'Id': None, 'Name': 'Joyce Tomaselli', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:56:40.6733333'}, {'Id': None, 'Name': 'Gracemarie Tomaselli', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:56:40.6866667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-03-16T11:59:44.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1131/DocumentHistoryActions
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Bill
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By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 1131) of Joyce Tomaselli and Gracemarie Tomaselli for legislation to strengthen rules governing attorney conduct; penalties for misconduct. The Judiciary.
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Chapter 221 of the General Laws is hereby amended by striking out section 40 and inserting in place thereof the following new section:-
Section 40. Penalty for deceit or collusion; damages; disbarment
Section 40. (a) An attorney who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or party to an action or proceeding, or who knowingly makes a false statement of fact or law to a tribunal or fails to correct a false statement of material fact or law previously made to the tribunal by the attorney, or who knowingly fails to disclose to the tribunal legal authority in the controlling jurisdiction known to the attorney to be directly adverse to the position of the client and not disclosed by opposing counsel, or who knowingly offers evidence that the attorney knows to be false, except as provided in Massachusetts Rules of Professional Conduct Rule 3.3(e) with respect to criminal proceedings, is subject to discipline, and shall forfeit to the injured party treble damages to be recovered in a civil action. An attorney must comply with the rules provided in the Massachusetts Rules of Professional Conduct and the analysis of precedent and the evaluation of evidence in accordance with the American Bar Association.
(b) All attorneys, officers of the court, counselors, including government attorneys, municipal counsel, town counsel, counsel for a city, employed to prosecute or defend claims, actions or proceedings by or on behalf of any municipal entity or agency, even if a private law firm is retained as municipal counsel, who violate their oath, are involved in any activity related to the judicial phase of a proceeding, commit perjury, suborn perjury, fail to disclose material evidence, submit or fabricate evidence, submit tainted evidence, intentionally misrepresent material facts, misrepresent case law, abuse the legal process, obstruct justice, are involved in deceit, concealment or nondisclosure of relevant information or material facts or relevant documents or collusion meant to deceive the court or any opposing party, deceive a party in an action or proceeding, commence an action or proceedings unjustifiably and without basis, engage in gross misconduct or egregious conduct that is willful, malicious, in bad-faith or deliberate betrayal of their special obligation to protect the integrity of the court and foster their truth-seeking function or that is prejudicial to the administration of justice, tamper with administration of justice involving dishonesty, fraud, deceit or misrepresentation to a court, commit fraud on the court, tell falsehoods or consent to present any falsehoods, or present to the court warped and distorted facts as to create an erroneous impression in the minds of those who observe them as true and genuine which leads directly to incorrect results causing harm to the opposing party shall:
(i) never be granted absolute immunity;
(ii) never be granted the litigation privilege;
(iii) not be granted qualified immunity and shall be held accountable when they irresponsibly exercise power or violate the law;
(iv) be liable for a single violation even though no pattern or practice of prior violations exist;
(v) be liable for their wrongful act that obtained a judgment under circumstances which would make it inequitable for them to retain its benefit;
(vi) be liable for assisting their client in a fraudulent act that resulted in harm to the opposing party or parties.
(c) Monetary damages awarded in civil legal action for attorney misconduct pursuant to this section shall be given to the person(s) wronged by the attorney’s action(s), including, but not limited to, compensatory and punitive treble damages for the harmed person(s) losses or potential losses. Every litigant, whether defendant or plaintiff, as the victim of the attorney’s wrongdoings specified in this section, has standing to bring a civil action for treble damages.
(d) This law carries no time limit to file civil action for damages caused by the attorney.
(e) An attorney may be removed by the supreme judicial or superior court for fraud on the court, deceit, malpractice, knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact or law previously made to the tribunal by the attorney, knowingly failing to disclose to the tribunal legal authority in the controlling jurisdiction known to the attorney to be directly adverse to the position of the client and not disclosed by opposing counsel, knowingly offering evidence that the attorney knows to be false, except as provided in Massachusetts Rules of Professional Conduct Rule 3.3(e) with respect to criminal proceedings, or other gross misconduct, and shall also be liable for treble damages to the person injured thereby, and to such other punishment as may be provided by law. Whenever a petition is filed for the removal of an attorney, the proceedings thereafter shall be conducted by an attorney to be designated by the court. The expenses of the inquiry and proceedings in either court shall be paid as in criminal prosecutions in the superior court.
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An Act relative to strategic litigation against public participation
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S1132
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SD2094
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T13:12:48.683'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T13:12:48.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1132/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1132) of Bruce E. Tarr for legislation relative to strategic litigation against public participation. The Judiciary.
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SECTION 1. Section 59H of Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place there of the following new section:-
A. Substantive Immunity
The purpose of this statute is to ensure full participation by citizens and organizations in the robust discussion of issues in furtherance of the right of petition, and of the rights of freedom of speech and of expression in connection with any matter of public concern. Because there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of First Amendment rights to speak on public issues, this statute recognizes that such litigation is disfavored and should be resolved quickly with minimum cost to those exercising their rights protected by the First Amendment to the U.S. Constitution or Article 16 of the Massachusetts Declaration of Rights. In furtherance of this purpose, in any case in which a party asserts that the civil claims, counterclaims, cross claims or pre-suit discovery against said party are based, either in whole or in part, on said party’s exercise of its right of petition, or of its rights of freedom of speech or freedom of expression in connection with any matter of public concern under the Constitution of the United States or of the Commonwealth, said party may bring a special motion to dismiss.
1. All laws of this commonwealth shall be construed to afford a qualified immunity from suits and proceedings and from liability for any defendant or counter-defendant in any action, case, claim, arbitration, or administrative proceeding, that impacts their First Amendment rights. This immunity shall be broadly construed to protect all First Amendment rights.
2. This immunity may be invoked by a defendant or counter-defendant at any time, but it can be waived if the defendant or counter-defendant substantially litigates the case beyond a jurisdictional challenge before raising the immunity, unless facts later develop demonstrating the immunity should apply, and such facts were not available to the defendant prior.
3. This immunity may be invoked by making a showing that a claim or counterclaim is based upon the defendant or counter-defendant's use of the rights afforded under the First Amendment to the U.S. Constitution or the free speech provision of the Massachusetts Constitution, see art. 16 of the Declaration of Rights, as amended by art. 77 of the Amendments to the Massachusetts Constitution.
4. This immunity may be invoked so long as a claim or counter-claim is based upon at least one act in furtherance of these rights, even if the claim or counter-claim is also based on acts not in furtherance of these rights.
5. This immunity may only be overcome by a showing by the plaintiff or counter-plaintiff that the claim or counterclaim is of sufficient merit, with prima facie evidence, there is a probability of prevailing on the claim or counterclaim. If invoked in federal court or in a court outside the Commonwealth, the plaintiff must show that the claim can survive a motion to dismiss or a motion for summary judgment, or analogous motion, as applicable.
6. Given that this is a substantive immunity from suit, not just liability, any denial of a motion invoking this immunity shall be appealable on an interlocutory basis in the state courts of Massachusetts and, to the fullest extent permissible, in the jurisdiction in which the matter is pending.
7. If a defendant or counter-defendant successfully invokes this immunity, that defendant or counter-defendant shall be entitled to all actual costs, disbursements and reasonable attorneys' fees expended in the defense of the case as well as all actual costs, disbursements and reasonable attorneys' fees expended in any successful appeal. The rights and remedies of this statute apply to claims brought by the Commonwealth or its subdivisions against any person or entity and, to the fullest extent possible, sovereign immunity for the recovery by such defendant of fees, costs, and damages provided in this statute is hereby waived. The provisions of this statute shall not apply to a cause of action asserted against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity.
8. If a defendant or counter-defendant successfully disposes of all claims or counter-claims by a party brought against it under this Section, the defendant or counter-defendant may recover all actual costs, disbursements, and reasonable attorneys’ fees incurred in defending itself from the claims or counter-claims, regardless of whether such costs, disbursements, or attorneys’ fees are related to a motion under this Section.
9. If fewer than all claims or counterclaims are disposed of under this Section, the defendant or counter-defendant may only recover those costs, disbursements, and attorneys’ fees incurred in connection with a motion under this Section.
10. This immunity may be exercised either by a motion to dismiss invoking the immunity, a motion for judgment on the pleadings, or an early motion for summary judgment invoking the immunity. The party invoking this immunity may also bring a counterclaim for violation of the Anti-SLAPP law.
B. Special Motion to Dismiss Procedure
The purpose of this section is to provide procedures through which Section A will apply in all courts in this Commonwealth.
1. In federal courts and in foreign jurisdictions, these procedural rules are severable from the anti-SLAPP substantive immunity established in the foregoing section. In Massachusetts state courts, and wherever these rules are not in conflict with those of the tribunal, if an action is brought against a person in violation of the Substantive Immunity from anti-SLAPP litigation, the person against whom the action is brought may bring a special motion to dismiss or an Anti-SLAPP counterclaim, or both.
2. A special motion to dismiss may be filed 7 days after notice of an intent to bring an Anti-SLAPP motion is served upon the plaintiff (or other authority bringing the claim)
3. If a special motion to dismiss is filed, the court shall:
(a) Determine whether the moving party has established by a preponderance of the evidence that the claim fits within the substantive immunity protections;
(b) If the court determines that the moving party has met the burden pursuant to sub-paragraph (a), determine whether the non-moving party has demonstrated with prima facie evidence a probability of prevailing on the claim;
(c) If the court determines that the non-moving party has established a probability of prevailing on the claim pursuant to paragraph (b), ensure that such determination will not:
(1) Be admitted into evidence at any later stage of the underlying action or subsequent proceeding; or
(2) Affect the burden of proof that is applied in the underlying action or subsequent proceeding;
(d) Consider such evidence, written or oral, by witnesses or affidavits, as may be material in making a determination pursuant to paragraphs (a) and (b);
(e) Except as otherwise provided in subsection 4, stay all other portions of the case, including discovery and motion practice pending:
(1) A ruling by the court on the motion; and,
(2) The disposition of any appeal from the ruling on the motion; and,
(f) Rule on the motion within 30 judicial days after the motion is served upon the plaintiff, with such time to be extended by good cause shown or as the court’s schedule requires.
4. Upon a showing by a party that information necessary to meet or oppose the burden pursuant to paragraph (3) is in the possession of another party or a third party and is not reasonably available without discovery, the court shall allow limited discovery for the purpose of ascertaining such information.
(a) This showing must be demonstrated by separate motion, and must be accompanied by an affidavit, signed under penalty of perjury, by the moving party and the moving party’s attorney,
(b) This motion must lay out, with specificity, the discovery requested, the reason it the specific discovery is necessary, and why it cannot be gathered in any other way.
(c) If the motion lacks such specificity, it must be denied and the reasonable attorneys’ fees incurred in opposing it must be awarded to the non-moving party.
(d) Before bringing such discovery motion, the prospective moving party must meet and confer with the non-moving party in order to resolve the matter without a motion. If the non-moving party has unreasonably declined to agree to the discovery, the moving party shall be entitled to the reasonable attorneys’ fees incurred in bringing the motion.
5. If the court dismisses the action pursuant to a special motion to dismiss, the dismissal operates as an adjudication upon the merits.
6. If the plaintiff or counter-plaintiff notices dismissal or moves to voluntarily dismiss the action, or seeks to amend the complaint, after a special motion to dismiss is filed,
(a) Such notice of dismissal or motion to dismiss shall function as an admission that the special motion was meritorious, and thus the court must grant the motion.
(b) Such motion to amend shall function as an admission that the special motion was meritorious as to any claims that the amendment would remove,
7. The court may modify any deadlines pursuant to this section or any other deadlines relating to a complaint filed pursuant to this section if such modification would serve the interests of justice.
C. The SLAPP Back Statute:
The purpose of this section is to provide a positive cause of action for persons who have been aggrieved by a SLAPP suit, but require additional remedies to be made whole.
1. If any claim, action, administrative proceeding, or any action of any kind is brought against a party, and that party wishes to invoke the anti-SLAPP law by way of separate action, they may do so.
2. If an action is brought, and a party successfully invokes the anti-SLAPP statute, that person may bring a separate action to recover any damages, costs and fees that could not be recovered in the trial court.
3. The elements of this claim are:
a. claim was filed,
b. there was an anti-SLAPP motion filed (or an equivalent in federal court)
c. The motion was successful. The motion shall be considered “successful” if a court rules it so or if the Plaintiff in the prior action withdraws its claim(s) after the motion is filed, but before the court can adjudicate it.
d. if the claim is successful, the court shall:
1) Award statutory damages of no less than $10,000
2) Award other compensatory damages
3) Award the prevailing plaintiff attorneys fees and costs.
4) Award compensatory damages;
5) Award the prevailing plaintiff attorneys fees and costs.
4. If any citizen of this Commonwealth is sued in another jurisdiction, and that citizen raises the anti-SLAPP protections in Chapter 231 § 59H, but the other jurisdiction declines to apply Chapter 231 § 59H, and that citizen ultimately prevails in the action, then that citizen shall have a cause of action against the plaintiff or counter-plaintiff in the foreign action if a-f, below, are proven:
a. The claim would have been subject to Chapter 231 § 59H, if it had been brought in the state courts in Massachusetts;
b. The defendant or counter-defendant in the foreign action invoked Chapter 231 § 59H;
c. The foreign court declined to apply Chapter 231 § 59H;
d. The Massachusetts defendant prevailed in that foreign action - including obtaining a dismissal without prejudice or a dismissal for a lack of personal jurisdiction; and,
e. The Massachusetts defendant in the foreign action gave the plaintiff in the foreign action notice, in writing, that if the Massachusetts defendant in the foreign action prevailed, the Massachusetts defendant in the foreign action would bring a claim under this section,
f. If these five elements are proven by a preponderance of the evidence, then the plaintiff in this action shall be entitled to:
1. Statutory damages of between $10,000 and $100,000;
2. Damages in an amount equal to the actual costs, disbursements and reasonable attorneys’ fees expended in the foreign action, which were incurred after the giving of notice;
3. All actual costs, disbursements and reasonable attorneys' fees expended in bringing the Massachusetts action; and
4. Punitive damages.
D. Retroactivity
The provisions of this law shall apply to all actions pending in the Commonwealth at the time of its passage and, to the fullest extent permissible, to actions pending in federal courts and foreign jurisdictions.
E. Codification of New York Times v. Sullivan
The purpose of this section is to ensure that if the Supreme Court of the United States overturns New York Times v. Sullivan, the rule laid down by that decision remains in effect in this Commonwealth.
In this Commonwealth, no party shall be liable for speech about a public official, no matter the cause of action styled, unless the plaintiff proves that the statement was knowingly false or made with reckless disregard for the truth.
A Defamation Plaintiff may meet this standard if the Plaintiff shows that the Defendant willfully ignored contrary facts or failed to engage in a reasonable investigation into the facts. Reasonableness shall be determined from a point of view of a reasonable person under the circumstances of the particular case.
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An Act to establish the Massachusetts judicial security act
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S1133
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SD73
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-10T14:05:56.053'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-10T14:05:56.0533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1133/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1133) of John C. Velis for legislation to establish the Massachusetts judicial security act. The Judiciary.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 221C the following chapter:-
CHAPTER 221D. MASSACHUSETTS JUDICIAL SECURITY ACT
Section 1. Definitions
(1) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Data broker”, a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information.
"Immediate family", the spouse, child, or parent or any other blood relative who lives in the same residence as a justice or retired justice of the supreme judicial court, appeals court or trial court.
"Personal information", the Social Security number, home address, home phone number, mobile phone number, or personal email of, and identifiable to, that individual.
“Protected Individual”, a justice or retired justice of the supreme judicial court or appeals court, a judge, recall judge or retired judge of the trial court.
SECTION 2. (a) No state agency, county agency or municipal agency shall publicly post or display the personal information of any protected individual on the internet without first obtaining the written permission of that individual.
(b) Each protected individual may file a written notice of their status as a protected individual, for themselves and immediate family to any state agency, county agency or municipal agency; provided further, the protected individual shall ask each state agency, county agency or municipal agency to mark as confidential that protected individual’s personal information.
(c) Upon receipt of a written request in accordance with this section, the state agency, county agency or municipal agency shall remove the protected individual’s personal information from publicly available content within 72 hours.
SECTION 3. (a) It shall be unlawful for a data broker to sell, license, trade, purchase, or otherwise provide or make available for consideration a protected individual’s personal information.
(b) No person, business or association shall publicly post or publicly display the personal information of a protected individual or a protected individual’s immediate family on the internet if the protected individual has, either directly or through an agent, made a written request of the data broker, person, business, or association to not disclose said personal information.
(c) A data broker, person, business or association, shall upon receipt of a written request in accordance with this section, remove the personal information in question from the internet within 72 hours.
(d) A data broker, person, business or association shall ensure, after receiving a written request in accordance with this section, that the protected individual’s personal information is not made available on any website or subsidiary website controlled by that data broker, person, business or association.
(e) After receiving a protected individual’s written request, no data broker, person, business or association shall transfer the judges’ personally identifiable information to any other person, business or association through any medium.
(f) An at-risk individual whose judges' personally identifiable information is made public as a result of a violation of this Act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business or association responsible for the violation shall be required to pay the at-risk individual’s costs and reasonable attorney's fees.
Section 4. This Act shall take effect 120 days after the date of enactment of this Act.
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An Act clarifying insurance liability for foster care providers
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S1134
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SD208
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:48:56.227'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:48:56.2266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-28T18:50:47.9633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-03T11:27:30.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1134/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1134) of John C. Velis, Joanne M. Comerford and James B. Eldridge for legislation to clarify insurance liability for foster care providers. The Judiciary.
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Chapter 119 of the General Laws is hereby amended by inserting after section 33C the following new section:-
INSURANCE LIABILITY FOR FOSTER CARE PROVIDERS.
Providers of foster care services for children and/or youth contracted by the state’s Department of Children and Families shall not be held liable for injury to persons or damage to property caused by negligence or other action(s) or inaction(s) of the state or its employees or other third parties.
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An Act establishing penalties for the filing of false reports against police officers
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S1135
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SD871
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:33:52.167'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:33:52.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1135/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1135) of John C. Velis for legislation to establish penalties for the filing of false reports against police officers. The Judiciary.
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SECTION 1. Chapter 268 of the General Laws is hereby amended by inserting after section 32B the following new section:—
Section 32C. Every person who files any allegation of misconduct against any police officer, knowing the report to be false, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than $1000 or by imprisonment in jail for not more than 2 ½ years, or by both such a fine and imprisonment in jail. For the purposes of this section, “police officer” shall mean an employee of a city, town, county, the Commonwealth or the Massachusetts Bay Transportation Authority authorized to make arrest.Any law enforcement agency accepting an allegation of misconduct against a police officer shall require the complainant to read and sign the following information advisory, all in bold-face type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR ANY IMPROPER CONDUCT. THIS AGENCY MAY FIND THERE IS NOT ENOUGH EVIDENCE TO SUBSTANTIATE YOUR ALLEGATION AND WARRANT ACTION ON YOUR COMPLAINT: EVEN IF THIS IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY.PLEASE BE ADVISED THAT IT IS ILLEGAL TO MAKE A COMPLAINT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING IT IS FALSE, YOU MAY BE PROSECUTED ON A FELONY CHARGE. I HAVE READ AND UNDERSTOOD THE ABOVE STATEMENT. I FURTHER REALIZE THIS COMPLAINT IS SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY.
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An Act relative to domestic violence reports and confidentiality
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S1136
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SD917
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:46:51.223'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:46:51.2233333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T09:57:55.8233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1136/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1136) of John C. Velis and Steven George Xiarhos for legislation relative to domestic violence reports and confidentiality. The Judiciary.
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Chapter 41 of the General Laws is hereby amended by inserting after section 97D the following section:-
Section 97D½. (a) There shall be a task force established to complete a systematic review of the laws pertaining to domestic violence reports and confidentiality. 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 executive director of Massachusetts office for victim assistance or a designee; 2 persons appointed by the senate president; 2 persons appointed by the speaker of the house; and 2 persons appointed by the governor. The members of the task force shall appoint a chair.
(b) The task force shall: (i) assess the adequacy of laws pertaining to domestic violence and confidentiality including, but not limited to, section 97D of chapter 41 of the General Laws; (ii) identify and review the impact of said section 97D; and (iii) develop recommendations to ensure confidentiality of domestic violence survivors without protecting perpetrators.
(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 18 months after the effective date of this act. The task force shall determine if subsequent reports shall be necessary to properly address this issue.
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An Act relative to legal advertisements in online-only newspapers
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S1137
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SD953
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:07:26.813'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:07:26.8133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:53:59.2166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T11:31:24.9833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T12:22:59.4333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1137/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1137) of John C. Velis and James B. Eldridge for legislation relative to legal advertisements in online-only newspapers. The Judiciary.
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SECTION 1. Subsection (b) of section 13 of chapter 4 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- Provided further, that for an online-only newspaper that does not maintain a print publication, publication on its own website and on a statewide website shall satisfy the publication requirement.
SECTION 2. Subsection (d) of said section 13 of said chapter 4, as so appearing, is hereby amended by adding the following sentence:- For an online-only newspaper, an error in a legal notice published on the online-only newspaper's website or the statewide website that is the result of (1) an error of the website operator; or (2) a temporary website outage or service interruption that prevents the publication or display of a legal notice on the website, shall not constitute a defect in publication of the legal notice; provided, however, that the legal notice appears correctly on either the online-only newspaper's website or the statewide website, and satisfies all other legal notice requirements.
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An Act to improve the administration of justice in probate and family court
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S1138
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SD1202
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T11:21:46.323'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T11:21:46.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1138/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1138) of John C. Velis for legislation to improve the administration of justice in probate and family court. The Judiciary.
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Section 3C of chapter 217 of the General Laws as appearing in the 2022 Official Edition is hereby amended by striking out, in line 1, the number “11” and inserting in place thereof “19”.
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An Act relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images
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S1139
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SD1266
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T13:34:22.707'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T13:34:22.7066667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-17T11:31:35.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1139/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1139) of John C. Velis for legislation relative to transmitting indecent visual depictions by teens and the unlawful distribution of explicit images. The Judiciary.
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SECTION 1. Chapter 18C of the General Laws is hereby amended by adding the following section:-
Section 15. The office of the child advocate, in consultation with the department of elementary and secondary education, the department of youth services and the attorney general, shall develop and implement a comprehensive educational diversion program. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and the penalties for transmitting visual material in violation of section 43A of chapter 265 or section 29D of chapter 272, also known as “sexting”, or posting such visual material online, including an explanation of other applicable federal and state law; (ii) the non-legal consequences of sexting or posting such visual material online, including, but not limited to, the effect on relationships, loss of educational and employment opportunities and being barred or removed from school programs and extracurricular activities; (iii) how the unique characteristics of the internet can produce long-term and unforeseen consequences for sexting and posting such visual material online, including the impact on healthy relationships and the risk of trafficking; and (iv) the connection between bullying and cyber-bulling, sexual assault and dating violence and juveniles sexting or posting such visual material online. The child advocate shall consult the best available research on effective educational diversion programs, including programs on sexting, in designing the curriculum and shall regularly review the program design and make updates to improve efficacy. The child advocate shall solicit public comment prior to the development of the curriculum or the implementation of any significant changes to the curriculum or program. The child advocate may establish the program, or any aspect of the program, in partnership with a state institution, state agency or a public or private institution of higher education. The educational diversion program shall be used as part of any diversion program required pursuant to section 39N of chapter 119 and shall be made available to school districts for use in educational programs on the topic. Law enforcement, clerk magistrates and district attorneys may refer youth alleged to be a juvenile delinquent by reason of violating section 29B, 29C or 29D of chapter 272 to the educational diversion program.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 99. The department shall encourage school districts to: (i) implement instruction in media literacy skills at all grade levels, including life skills programming, and in any of the core subjects under section 1D of chapter 69 or other subjects, to equip students with the knowledge and skills for accessing, analyzing, evaluating and creating all types of media; and (ii) use the content of the educational diversion program established pursuant to section 15 of chapter 18C for educational programs on the topic of transmitting visual material in violation of section 43A of chapter 265 or section 29D of chapter 272 or posting such visual material online.
SECTION 3. Chapter 119 of the General Laws is hereby amended by inserting after section 39M the following section:-
Section 39N. (a) If a child is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C or 29D of chapter 272, the court shall divert the child from further court processing prior to arraignment unless the court finds that failure to proceed with the arraignment would result in the substantial likelihood of serious harm to a member of the community. If arraignment has already occurred, the court may, if the child consents, stay the proceedings and divert the child in the same manner as a child diverted prior to arraignment under this section. The court shall direct a child diverted under this section to enter and complete the educational diversion program established pursuant to section 15 of chapter 18C.
(b) A child who is alleged to be a juvenile delinquent by reason of violating sections 29B, 29C or 29D of chapter 272 may, upon the request of the child, undergo an assessment prior to arraignment to enable the judge to consider the suitability of the child for diversion to the educational diversion program established pursuant to section 15 of chapter 18C. If a child chooses to request a continuance for the purpose of such an assessment, the child shall notify the judge prior to arraignment. Upon receipt of such notification, the judge may grant a 14–day continuance. The department of probation may conduct such assessment prior to arraignment to assist the judge in making that decision. If the judge determines it is appropriate, a determination of eligibility by the personnel of the educational diversion program may substitute for an assessment. If a case is continued pursuant to this subsection, the child shall not be arraigned, and an entry shall not be made into the criminal offender record information system, until a judge issues an order to resume the ordinary processing of a delinquency proceeding. A judge may order diversion without first ordering an assessment in any case in which the court finds that sufficient information is available without an assessment; provided, however, that the judge shall provide an opportunity for both the commonwealth and counsel for the child to be heard regarding diversion of the child.
(c)(1) After the completion of the assessment, the probation officer or the director of the educational diversion program established pursuant to section 15 of chapter 18C shall submit to the court and to counsel for the child a recommendation as to whether the child would benefit from diversion. Upon receipt of the recommendation, the judge shall provide an opportunity for both the commonwealth and counsel for the child to be heard regarding diversion of the child. The judge shall then make a final determination as to the eligibility of the child for diversion. The proceedings of a child who is found eligible for diversion shall be stayed for 90 days unless the judge determines that the interest of justice would best be served by a lesser period of time or unless extended under subsection (f).
(2) A stay of proceedings shall not be granted under this section unless the child consents in writing to the terms and conditions of the stay of proceedings and, after consultation with legal counsel, knowingly executes a waiver of the child's right to a speedy trial on a form approved by the chief justice of the juvenile court department of the trial court of the commonwealth. Consent shall be given only upon the advice of counsel.
(3) The following shall not be admissible against the child in any proceedings: (i) a request for assessment; (ii) a decision by the child not to enter the educational diversion program; (iii) a determination by the department of probation or by the educational diversion program that the child would not benefit from diversion; (iv) any statement made by the child or the child's family during the course of assessment; and (v) circumstances regarding the child’s failure to complete the educational diversion program. Any consent by a child to a stay of proceedings or any act done or statement made in fulfillment of the terms and conditions of a stay of proceedings shall not be admissible as an admission, implied or otherwise, against the child if the stay of proceedings was terminated and proceedings were resumed on the original complaint. A statement or other disclosure or a record thereof made by a child during the course of an assessment or during the stay of proceedings shall not be disclosed at any time to a commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the child or a codefendant.
(4) If a child is found eligible for diversion pursuant to this section, the child shall not be arraigned and an entry shall not be made into the criminal offender record information system unless a judge issues an order to resume the ordinary processing of a delinquency proceeding. If a child is found eligible pursuant to this section, the eligibility shall not be considered an issuance of a criminal complaint for the purposes of section 37H1/2 of chapter 71.
(d) A district attorney may divert any child for whom there is probable cause to issue a complaint, either before or after the assessment procedure set forth in subsection (b), with or without the permission of the court. A district attorney who diverts a case pursuant to this subsection may request a report from the educational diversion program established pursuant to section 15 of chapter 18C regarding the child's status in and completion of the program.
(e) If during the stay of proceedings a child is charged with a subsequent offense under sections 29B, 29C or 29D of chapter 272, a judge in the court that entered the stay of proceedings may issue such process as is necessary to bring the child before the court. When the child is brought before the court, the judge shall afford the child an opportunity to be heard. If the judge finds probable cause to believe that the child has committed such a subsequent offense, the judge may order that the stay of proceedings be terminated and that the commonwealth be permitted to proceed on the original complaint as provided by law.
(f)(1) Upon the expiration of the initial 90–day stay of proceedings, the probation officer or the director of the educational diversion program, established pursuant to section 15 of chapter 18C, shall submit to the court a report indicating the successful completion of diversion by the child or recommending an extension of the stay of proceedings for not more than an additional 90 days so that the child may complete the diversion program successfully.
(2) If the probation officer or the director of the educational diversion program, established pursuant to section 15 of chapter 18C, indicates the successful completion of diversion by a child, the judge shall dismiss the original complaint pending against the child. If the report recommends an extension of the stay of proceedings, the judge may, on the basis of the report and any other relevant evidence, take such action as the judge deems appropriate, including the dismissal of the complaint, the granting of an extension of the stay of proceedings or the resumption of proceedings.
(3) If the conditions of diversion have not been met, the child's attorney shall be notified prior to the termination of the child from diversion and the judge may grant an extension to the stay of proceedings if the child provides good cause for failing to comply with the conditions of diversion.
(4) If the judge dismisses a complaint under this subsection, the court shall, unless the child objects, enter an order directing expungement of any records of the complaint and related proceedings maintained by the clerk, the court, the department of criminal justice information services and the court activity record index.
SECTION 4. Section 43A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- $5,000.
SECTION 5. Said section 43A of said chapter 265, as so appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b)(1) As used in this subsection the following words shall have the following meanings unless the context clearly requires otherwise:
“Distribute”, give, sell, transfer, disseminate, publish, upload, circulate, broadcast or engage in any other form of transmission, electronic or otherwise.
“Identifiable”, identifiable from the visual material itself or information offered in connection with the visual material.
“Partially nude”, the exposure of fully uncovered buttocks or all or part of the human genitals or the female nipple-areolar complex.
“Publish”, (i) disseminate with the intent that an image be made available by any means to any person or other legal entity; (ii) disseminate with the intent that an image be sold by another person or legal entity; (iii) post, present, display, exhibit, circulate, advertise or allow access by any means, so as to make an image available to the public; or (iii) disseminate with the intent that an image be posted, presented, displayed, exhibited, circulated, advertised or made accessible by any means and to make the image available to the public.
“Visual material”, any photograph, film, video or digital image or recording, whether produced by electronic, mechanical or other means or any part, representation or reproduction thereof.
(2) Whoever knowingly distributes visual material depicting another person, either identifiable in the visual material or identified by the distributing person, who is nude, partially nude or engaged in sexual conduct, when the distribution causes physical or economic injury to the person depicted in the visual material or causes the person depicted in the visual material to suffer substantial emotional distress, and does so with the intent to harm, harass, intimidate, threaten, coerce or cause substantial emotional distress and with reckless disregard for the depicted person’s lack of consent to the distribution of the visual material and reasonable expectation that the visual material would remain private, imprisonment in a house of correction for not more than 2½ years, by a fine of not more than $10,000 or by both such fine and imprisonment.
(3) For the purposes of this subsection, a person’s consent to the creation of visual material shall not constitute consent to the distribution of the visual material.
(4) This subsection shall not preclude other remedies available at law or in equity, including, but not limited to, the issuance by a court with proper jurisdiction of appropriate orders to restrain or prevent the distribution of visual material in violation of this subsection.
(5) Visual material that is part of any court record arising from a prosecution under this subsection shall not be open to public inspection and, unless otherwise ordered in writing by the court or required by law, shall only be made available for inspection by court personnel to a prosecuting attorney, a defendant’s attorney or the attorney’s agent, a defendant or a victim connected to such prosecution; provided, however, that this paragraph shall not prohibit disclosure, inspection or other use of the visual material in the underlying prosecution or any related court proceeding in accordance with applicable evidentiary and procedural rules or court orders.
(6) This subsection shall not apply to: (i) visual material involving nudity, partial nudity or sexual conduct that is voluntary or consensual and occurring (A) in a commercial setting or for commercial gain; or (B) in a place where a person does not have a reasonable expectation of privacy; (ii) distribution made in the public interest, including the reporting of unlawful conduct; (iii) criminal reporting, corrections, legal proceedings or medical treatment, including telemedicine; (iv) interactive computer services, as defined in 47 U.S.C. 230(f)(2), for content solely provided by another person; or (v) information services or telecommunications services, as defined in 47 U.S.C. 153, for content solely provided by another person.
(c) Whoever, after having been convicted of an offense under this section, commits a second or subsequent offense under this section, or whoever, after having been convicted of a violation of section 43, commits an offense under this section shall be punished by imprisonment in a house of correction for not more than 2½ years or in a state prison for not more than 10 years, by a fine of not more than $15,000 or by both such fine and imprisonment.
SECTION 6. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:-
Section 29D. (a) Whoever, while under the age of criminal majority, possesses or disseminates to another person any visual material in violation of section 29B or section 29C or uploads such visual material of another person to an internet website may be punished in accordance with section 58 of chapter 119.
(b) Knowingly disseminating visual material by reporting the matter to a law enforcement agency, parent, foster parent, guardian or teacher, principal or other relevant school personnel, or by affording a law enforcement agency, parent, foster parent, guardian or teacher, principal or other relevant school personnel access to the visual material for purposes within the agency’s or person’s professional capacity shall not constitute dissemination for the purposes of this section.
(c) A person who has been adjudicated under this section shall not be required to register with the sex offender registry board and no data relating to such adjudication shall be transmitted to the board pursuant to section 178E of chapter 6; provided further, that said adjudication shall be eligible for expungement and shall not be considered ineligible under section 100J of chapter 276.
(d) The juvenile court department of the trial court of the commonwealth shall have exclusive jurisdiction of proceedings under this section.
(e) It shall be an affirmative defense for any crime alleged under section 29A, section 29B, section 29C or this section that: (i) the visual material portrays no person other than the defendant; or (ii) the defendant was under the age of criminal majority, the visual material portrays only an individual age 16 or older and was knowingly and voluntarily created and provided to the defendant by the individual in the image and the defendant has not provided or made available the material to another person except the individual depicted who originally sent the material to the defendant.
SECTION 7. This act shall take effect one year after enactment.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act providing for a universal basic income for youth aging out of foster care
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S114
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SD2292
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:11:58.457'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:11:58.4566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T13:42:41.66'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T13:07:50.5133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-14T12:36:53.6666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:59:14.0833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:15.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S114/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 114) of Liz Miranda, Jason M. Lewis, Vanna Howard and Sean Garballey for legislation to provide for a universal basic income for youth aging out of foster care. Children, Families and Persons with Disabilities.
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Chapter 119 of the General Laws is hereby amended by inserting after section 23B the following section:-
Section 23C. The department shall, subject to appropriation, provide a cash stipend of $1,000 per month for 5 years to any individual formerly under the custody, care or responsibility of the department, but have transitioned from the custody, care or responsibility of the department upon reaching the age of 23.
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An Act relative to dangerousness hearings
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S1140
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SD1422
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:53:04.203'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:53:04.2033333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1140) of John C. Velis for legislation relative to dangerousness hearings. The Judiciary.
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SECTION 1. Said chapter 276 is hereby amended by striking out subsection (1) of section 58A, as appearing in the 2022 Official Edition, and inserting in place thereof the following subsection:-
The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions when a defendant has been charged with any of the following: (a) felony offense that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another; (b) the crimes of burglary or arson; (c) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209 A or section 15 or 20 of chapter 209C; (d) a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or while an order of protection issued under said chapter 209A was in effect against such person; (e) an offense for which a maximum penalty of ten years or more is prescribed in chapter 94C; (f) a violation of section 13B of chapter 268; (g) a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B; or a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; (h) a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or (m) of section 10 or section 10A, 10E, 10G or 11 C of chapter 269, provided, however, that the commonwealth may not move for an order of detention under this section based on possession of a large capacity feeding device without simultaneous possession of a large capacity weapon; torture of animals, or any abuse of animals which constitutes a violation of section 77 or 94 of chapter 272, or of section 112 of chapter 266; a sex offense involving a child as defined in section 178C of chapter 6; a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 18B, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer or firefighter engaged in the performance of his or her duties; a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77 or 105 of chapter 272; a violation of section 102, or a malicious violation of section 127 of chapter 266; threats to kill, rape, or cause serious bodily injury; conspiracy or solicitation to commit any of the above enumerated crimes.
SECTION 2. Said chapter 276 is hereby amended by striking out subsection (3) of section 58A and inserting in place thereof the following subsection:-
(a) If, after a hearing pursuant to the provisions of subsection (4), the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial. A person so detained shall be detained until the disposition of the case and shall brought to trial as soon as reasonably possible and subject to the requirements of Rule 36.
(b) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.
(c) A hearing under this section may be reopened by the judge, at any time before trial, or upon a motion of the commonwealth or the person detained if the judge finds that: (i) information exists that was not known at the time of the hearing or that there has been a change in circumstances and (ii) that such information or change in circumstances has a material bearing on the issue of whether there are conditions of release that will reasonably assure the safety of any other person or the community.
(d) On an annual basis, the Secretary of Public Safety shall conduct an analysis of prosecutorial decisions to seek dangerousness hearings within the Commonwealth, and judicial determinations of dangerousness when a hearing is conducted. Such analysis shall examine the treatment of offenders and determine whether offenders who are charged with the same offenses and who have similar criminal histories are treated equally to one another, or whether there is disparate impact by race, gender, or ethnicity. The trial court shall provide to the Department of Criminal Justice Information Services data regarding the number and location of dangerousness-eligible offenses, the number of dangerousness hearings that are conducted, the outcome of such hearings, and the demographic information of the accused parties. The analysis of the Secretary of Public Safety shall be presented to the General Court and shall be a public document.
SECTION 3. Said chapter 276 is hereby amended by adding to the conclusion of section 58, as appearing in the 2016 Official Edition, the following subsection:-
(1) Any adult who has been charged with a crime, and any adult guardian of a juvenile who has been charged with an act of delinquency, shall be requested to voluntarily provide the court with his or her cellular telephone number, if the defendant or guardian has such a device, but may decline to do so; provided, however, that upon the order of a judicial officer a defendant may be required to provide such information. The executive office of the trial court shall procure or establish a service using a system of automated text messaging to remind criminal defendants of mandatory court appearance dates in advance of the date of such appearance. Such service shall be made available to all criminal defendants and to the guardians of juvenile defendants free of charge. Information so provided by a criminal defendant or the guardian of a juvenile defendant pursuant to this subsection shall not be deemed to be a public record, shall not be provided to law enforcement agencies for criminal investigative purposes, and may not be used against the defendant in any criminal proceeding; provided, however, that the fact that a party did or did not participate in this system shall be marked on the docket, and such fact may be used in a proceeding if otherwise admissible. This subsection shall take effect on July 1, 2023.
SECTION 4. Said chapter 276 is hereby amended by inserting after section 82A the following section:-
Section 82B. (1) A person who violates any non-financial condition of release ordered under section 58 of chapter 119, section 58, 58A, 58B, 59, or 87 of this chapter, or section 1 or 1A of chapter 279; or any other non-financial condition of probation imposed by a court after conviction or admission to sufficient facts; or any non-financial term or condition of parole imposed by the parole board; may be arrested upon probable cause by a sheriff, deputy sheriff or police officer and kept in custody in a convenient place, not more than 24 hours, Sunday excepted, until notice of the violation can be given to the probation service, and such person be taken before the issuing court upon a warrant obtained by the probation service; or, in the case of a person under parole supervision, to the parole board.
(2) The trial court, the probation service and the parole board shall promptly provide to the department of criminal justice information services records of all non-financial conditions of release imposed upon criminal defendants and delinquent children, and all non-financial conditions of probation and parole, and the department of criminal justice information services shall make such information accessible in electronic format to sheriffs, deputy sheriffs and police officers.
SECTION 5. Chapter 268 of the General Laws is hereby amended by inserting after section 13D the following section:-
Section 13E. Whoever unlawfully removes, destroys, damages, or interferes with the proper functioning of a court-imposed geolocation monitoring device, any breath-testing instrument, or any other mechanical or electronic mechanism intended to facilitate recognizance or compliance with conditions of pretrial release, probation or parole, shall be punished by imprisonment in the state prison for not more than 10 years or imprisonment in a house of correction for not more than 2 and ½ years. A sentence imposed for violation of this section shall not run concurrently with any other sentence. In any subsequent proceeding under section 58, 58A, 58B or 59 of chapter 276, the fact of a person’s prior violation of this section shall be prima facie evidence that there is no financial condition or other condition of release that will reasonably assure the presence of the person so convicted.
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An Act relative to the length of wiretap warrants
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S1141
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SD1911
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T10:31:34.15'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T10:31:34.15'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1141/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1141) of John C. Velis for legislation relative to the length of wiretap warrants. The Judiciary.
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SECTION 1. Paragraph 2 of Subsection I of section 99 of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “fifteen” and inserting in place thereof the following:- thirty
SECTION 2. Paragraph 2 of Subsection 2 of section 99 of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out the word “fifteen” and inserting in place thereof the following:- thirty
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An Act relative to the humane protection of animals
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S1142
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SD2295
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:15:09.787'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:15:09.7866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T12:43:52.59'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T16:34:37.7533333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-06T12:43:52.59'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T12:43:52.59'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T13:41:10.17'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-28T14:59:11.22'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-03T11:26:47.8533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-08T12:10:51.9433333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-09T14:44:09.1433333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T12:26:39.9033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:26:29.0133333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-02T14:01:41.9333333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-06-14T12:22:55.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1142/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1142) of John C. Velis, Patrick M. O'Connor, Jack Patrick Lewis, Steven George Xiarhos and other members of the General Court for legislation relative to the humane protection of animals. The Judiciary.
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SECTION 1. (a) There shall be a task force established to complete a systematic review of the laws pertaining to animal cruelty and protection, included but not limited to, 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; 1 person appointed by the senate president; 1 person appointed by the speaker of the house; 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: (i) 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; (ii) identify and review the existing services, facilities and funding to meet the needs of animals seized in cruelty cases and explore interagency options for coordination and funding to care for such animals; and (iii) offer recommendations for education and training opportunities for law enforcement, animal control officers, judges, veterinarians and other professionals.
(c) The task force shall submit a report of its findings 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 1A of Chapter 128 of the General Laws is hereby amended by inserting after the word “horses”, the following words:- but not including dogs or cats,
SECTION 5. Chapter 272 of the General Laws 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 6. Section 77C of Chapter 272 of the General Laws, as so appearing, 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 7. 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: (i) depriving the animal of necessary sustenance; (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 17. 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 18. 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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An Act relative to recreational games at senior centers
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S1143
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SD2319
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:43:07.677'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:43:07.6766667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-23T10:21:44.4'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:52:15.7466667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1143) of John C. Velis, Angelo J. Puppolo, Jr. and Kelly W. Pease for legislation relative to wagering on recreational games at senior centers. The Judiciary.
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SECTION 1: Chapter 271 of the General Laws is hereby amended by inserting after section 22B the following section:- Section 22C. (a) For purposes of this section, the term “recreational games" shall mean any card game or game of chance, including but not limited to, poker, pinochle, bridge, rummy, canasta, hearts, dominos, cribbage, and any type of recreational bingo in which:
(i) the winnings of any player in a single game or session does not exceed $20;
(ii) the amount of money contributed by a single player during the entire session is $5 or less;
(iii) all money wagered on the game is distributed to the players by the end of the session;
(iv) all players are natural persons who attend and compete in the game, in person, as a contestant or bettor on equal terms with the other players therein without receiving or becoming entitled to receive something of value or any profit therefrom other than his or her personal winnings from the game; and
(v) no person receives or becomes entitled to receive any profit, outside the winnings of a player, for the arrangement or facilitation of the game or permitting the use of premises for the game;
(vi) the provisions of Section 22C of chapter 271 shall only apply to said recreational games taking place at municipal and town senior centers in the commonwealth.
(b) Nothing in this chapter shall authorize the prosecution, arrest or conviction of any person for hosting or playing in a recreational game in a public or private setting; provided, however, private establishments may refuse to permit the playing of such recreational games.
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An Act regulating the use of credit reports by employers
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S1144
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SD1542
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:20:12.66'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:20:12.66'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:16:08.3766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:44:26.3033333'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1144) of Michael J. Barrett, Sal N. DiDomenico and Michael O. Moore for legislation to regulate the use of credit reports by employers. Labor and Workforce Development.
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SECTION 1. Section 51 of Chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “purposes,” in line 12, the following words:- under section 51C.
SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B the following section:-
Section 51C. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
“Consumer report”, shall have the same meaning as in section 50 of this chapter.
“Employment purposes”, shall have the same meaning as in section 50 of this chapter.
(b) A person or entity shall not: (1) use a consumer report in connection with or as a criterion for an employment purpose; (2) request or procure a consumer report for employment purposes; or (3) require an employee or applicant to answer a question about the contents of a consumer report or the information contained in it regarding credit worthiness, credit standing or credit capacity. Nothing in this section shall prohibit the use of matters of public record by a person or entity for employment purposes, including, but not limited to, matters under 12 U.S.C. 1785(d), unless otherwise prohibited by law.
(c) Notwithstanding subsection (b), a person or entity may use or request a consumer report for employment purposes if 1 of the following conditions are met:
(1) a person is required by federal or state law or regulation or the rules of a self-regulatory organization, as defined in 15 U.S.C. 78c(a)(26), to use a consumer report for employment purposes; or
(2) the employee or applicant applies for or holds a position that requires national security clearance.
(d) An employer or person acting on behalf of the employer shall not retaliate, discriminate or take an adverse action against an employee or applicant on the basis that the employee or applicant has or intends to: (1) file a complaint pursuant to section 68 of this chapter; (2) allege that the person violated this section; (3) testify, assist, give evidence or participate in an investigation, proceeding or action concerning a violation of this section; or (4) otherwise oppose a violation of this section.
(e) Notwithstanding subsection (c), a waiver of this section shall be void, and a person or entity shall not require or request that an employee or applicant waive it.
SECTION 3. This act shall take effect on January 1, 2025.
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An Act relative to bereavement leave
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S1145
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SD2340
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:03:43.263'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:03:43.2633333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-14T09:28:36.5433333'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1145) of Michael J. Barrett and Sean Garballey for legislation to ensure bereavement leave. Labor and Workforce Development.
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SECTION 1. Section 2 of chapter 175M of the General Laws is hereby further amended by striking out the first paragraph of subsection (a) and inserting in place thereof the following paragraph:- (1) Family leave shall be available to any covered individual for any of the following reasons: (i) to bond with the covered individual's child during the first 12 months after the child's birth or the first 12 months after the placement of the child for adoption or foster care with the covered individual; (ii) because of any qualifying exigency arising out of the fact that a family member is on active duty or has been notified of an impending call or order to active duty in the Armed Forces; (iii) to care for a family member who is a covered servicemember; or (iv) to cope with the death of a family member by (A) attending the funeral or alternative to a funeral of the family member, (B) making arrangements necessitated by the death of the family member, or (C) grieving the death of the family member.
SECTION 2. Said section 2 of said chapter 175M is hereby further amended by striking out the first paragraph of subsection (c) and inserting in place thereof the following paragraph:- (1) A covered individual shall not be eligible for more than 12 weeks of family leave in a benefit year; provided, however, that a covered individual taking family leave in order to care for a covered servicemember pursuant to clause (iii) of paragraph (1) of subsection (a) shall not be eligible for more than 26 weeks of family leave in a benefit year. A covered individual shall not be eligible for medical leave for more than 20 weeks in a benefit year. A covered individual shall not take more than 26 weeks, in the aggregate, of family and medical leave under this chapter in the same benefit year. Nothing in this section shall prevent a covered individual from taking a medical leave during pregnancy or recovery from childbirth if supported by documentation by a health care provider that is immediately followed by family leave, in which case the 7-day waiting period for family leave shall not be required. A covered individual is entitled to a total of 8 weeks of family leave under clause (iv) of paragraph (1) of subsection (a) upon the death of each family member of the individual within a benefit year, during 2 of which weeks the covered individual shall be entitled to a weekly benefit, except that leave taken as provided by clause (iv) of paragraph (1) of subsection (a) may not exceed the total period of family leave authorized by this paragraph and shall be counted toward the total period of family leave authorized by this paragraph.
SECTION 3. The second paragraph of said subsection (c) of said section 2 of said chapter 175M is hereby amended by striking out clause (A) and inserting in place thereof the following clause:- (A) Leave under clause (i) of paragraph (1) of subsection (a) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise. Leave under clause (iii) of paragraph (1) of subsection (a) or under paragraph (2) of said subsection (a) or under subsection (b), may be taken intermittently or on a reduced leave schedule by an employee when medically necessary. Leave under clause (ii) of said paragraph (1) of said subsection (a) may be taken intermittently or on a reduced leave schedule by an employee. Leave under clause (iv) of paragraph (1) of subsection (a) may be taken intermittently or on a reduced leave schedule by an employee.
SECTION 4. Said second paragraph of said subsection (c) of said section 2 of said chapter 175M is hereby further amended by striking out clause (C) and inserting in place thereof the following clause:- (C) The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to which the covered individual is entitled under this chapter beyond the amount of leave actually taken. A covered employer may not require an eligible employee to take multiple periods of leave under clause (iv) of paragraph (1) of subsection (a) concurrently if more than one family member of the employee dies during a single benefit year.
SECTION 5. Said section 2 of said chapter 175M is hereby further amended by inserting after the word “3,” in line 55, the following words:- , except a covered individual on family leave under clause (iv) of paragraph (1) of subsection (a), who shall receive such weekly benefit only for 2 of the 8 weeks to which the covered individual is entitled.
SECTION 6. Section 5 of said chapter 175M is hereby amended by adding in subsection (a) the following paragraph:- (8) Certification for a covered individual taking family leave to deal with the death of a family member shall be sufficient if the covered individual provides (i) the name of the deceased, the date of death, the city of death and the employee’s relationship to the deceased; (ii) a copy of the deceased’s obituary or funeral program and the employee’s relationship to the deceased; (iii) a copy of the death certificate; or (iv) a document issued by the mental health care provider of the employee.
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An Act clarifying the prevailing wage law
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S1146
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SD173
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:32:23.587'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:32:23.5866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1146/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1146) of Michael D. Brady for legislation to clarify the prevailing wage law. Labor and Workforce Development.
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Section 27D of Chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “works” in line 5, the following words:- and the inspection, testing and repair of fire protection systems in public building and public works.
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An Act clarifying mandatory overtime protections
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S1147
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SD1398
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:08:12.757'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:08:12.7566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T16:38:30.64'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-26T16:38:30.64'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T12:29:36.7766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T11:06:17.7233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:38:24.42'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:43:08.5033333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T15:37:30.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T14:48:14.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1147/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1147) of Nick Collins, Jack Patrick Lewis, Paul R. Feeney, Marc R. Pacheco and other members of the General Court for legislation to clarify mandatory overtime protections. Labor and Workforce Development.
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SECTION 1. Chapter 224 of the acts of 2012 is hereby amended in SECTION 103 in subsection 226 by deleting section (h).
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An Act relative to wage theft
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S1148
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SD1544
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-18T11:45:23.01'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-18T11:45:23.01'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1148/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1148) of Nick Collins for legislation relative to wage theft. Labor and Workforce Development.
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Add a new section 150D to the general laws at chapter 149, which shall read as follows: Section 150D Construction Industry Private Attorney General Action
(a) Whereas, wage law enforcement and honest bid competition are compelling state interest its police powers for enforcement shall include, but not be limited to, this section:
•Construction Industry employment makes more difficult protecting employees
against Wage Non-Payment and competing employers against unfair competition based on Wage Non-payment, as employees and employers navigate during single pay-periods multiple construction sites throughout the Commonwealth and neighboring or other states;
•Most construction firms employ fewer than twelve employees inhibiting employees similarly situated to obtain class certification under court rules;
•An employer’s failure to comply with wage payment and related law provides competitive advantage that illegally shaves costs resulting in illegally deflated bids to compete against honest employers, and such illegal conduct harms competition including by way of workers compensation insurance premium evasion –affecting insurance rates and causes payroll tax loss to the Commonwealth increasing the public’s tax burdens; and
•Construction Industry higher tier contractors often contract with the lowest price bidder; and
•The public is harmed when higher tier contractors subcontract to business enterprises or lower tier subcontractors that cheat to compete by failing to fully The public is harmed when employees lack proper wages on payday, including but not limited to the difficulty for an unpaid employee to meet his or her financial obligations owed to others in the stream of commerce or marketplace causing public harms that include, for example, unpaid rent, mortgages, medical bills and related insurance payments, automobile expenses, and other common living expenses; and
•The public is benefited when:
i.Construction competition among bidders is based on honest bid competition
as honesty promotes competition; and
ii.An Interested Party pursues wage law compliance on behalf of the
Commonwealth as it best ensures non-complying construction employers will experience exposure and the consequences when they do not pay their statutory and contractual wage related obligations.
(b) Definitions, for this section 150D:
“Construction Industry” shall have the broadest meaning possible to include but not be limited to drivers delivering construction material to construction sites for employers who primarily deliver such materials, residential contracting services referenced in chapter 142A, and any labor performed on private projects that are of a similar type of labor performed on public projects governed by section 27.
“Construction Industry Employer” means any person who or entity that, within the 5-year period preceding the date an action under this section was filed: i) contracted to perform work, regardless of contract or subcontract tier level, on a project governed by section 27 of this chapter after having submitted a bid for same and who employed employees who performed labor under that contract; or ii) contracted to perform construction work located in the Commonwealth in excess of $500,000, regardless of contract or subcontract tier level, and employed Construction Industry employees who performed labor under that contract.
“Interested Party” means any one or more of the following:
1.Any Construction Industry Employer;
2.Any trustee acting on behalf of an organization or trust established for the purposes of the Labor Management Cooperation Act of 1978, 29 U.S.C. section 175a, where contributions are made by at least five Construction Industry Employers;
3.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 Construction Industry Employers concerning wages, hours, or terms and conditions of employment of such employer’s employees; or
4.Any organization that represents five or more member firms that are Construction
Industry Employers that employed labor on public works project governed by section 27 of this chapter or 5. 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, 148, 148A, 148B, or 150 of the general laws at chapter 149; or section 1A of the general laws at chapter 151; or any contract provision that required the payment of wages on a construction project in accord with rates required under section 27 of chapter 149.
“Affected Employee” means any Construction Industry employee or former employee who was employed by an individual or firm named as a defendant employer in an action filed under this section where such employee remains due from such defendant any Wage Non-payment whatsoever, regardless as to where or the type of labor was performed, provided that a substantial part of the Wage Non-payment owed was earned by the employee while performing Construction Industry labor as employee of such defendant.
(c) Civil Action: 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 attorneys 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.
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 enforce wage laws, educate the public, particularly employers and employees, about wage law obligations and rights, and when the attorney general deems the fund is sufficiently funded, to advance some payment by loan pending an action under this section and upon the attorney general’s sole and exclusive discretion, to an Affected Employee 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 Affected Employee reconsiders 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. 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.
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.
Attorney General Intervention. As a matter of right the attorney general may intervene as a plaintiff at any time, including post trial, 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. If 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 collective bargaining right
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S1149
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SD2279
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T11:55:58.607'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T11:55:58.6066667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T08:25:02'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1149/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1149) of Nick Collins for legislation relative to collective bargaining right. Labor and Workforce Development.
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If an employee organization duly recognized as representing employees of the commonwealth is engaged in an impasse with the commonwealth which has continued for thirty days after the publication of the fact-finders report pursuant to section nine of chapter one hundred and fifty E of the General Laws, or, if the parties have mutually waived the fact-finding provisions contained in said section nine of said chapter one hundred and fifty E, said employee organization shall petition the board to make an investigation. If, after an investigation, the board determines that: 1. the requirements of section nine of said chapter one hundred and fifty E have been complied with in good faith by the employee organization; 2. thirty days have passed since the date of publication of the fact-finding report pursuant to said section nine; 3. the proceedings for the prevention of any prohibited practices have been exhausted, provided that any such complaints have been filed with the commission prior to the date of the fact-finders report; and 4. an impasse exists, the board shall notify the commonwealth and the employee organization that the issues in dispute shall be resolved by a three-member arbitration panel, or when the parties mutually agree, the board shall select a single arbitrator in lieu of the arbitration panel.
Said panel shall be comprised of three arbitrators, one selected by the employee organization, and a third impartial arbitrator, who shall act as chairman of the panel, who shall be selected by the two previously selected arbitrators. In the event that either party fails to select an arbitrator or for any reason there is a delay in the naming of an arbitrator, or if the arbitrators fail to select a third arbitrator within the time prescribed by the board, the board shall appoint the arbitrator or arbitrators necessary to complete the panel, which shall act with the same force and effect as if the panel had been selected without intervention of the board. In the event that the parties mutually elect to use a single arbitrator, selected by the board, the parties shall immediately request the board to appoint said arbitrator, who shall act with the same force and effect as if a three member panel had been selected by the parties. The single arbitrator or the arbitration panel acting through its chairman, shall conduct a hearing within ten days after the date of appointment of its chairman, at a place mutually convenient to both parties, where feasible. The chairman shall give at least seven days notice in writing to each of the other arbitrators. The chairman or single arbitrator shall give like notice to the representative of the Commonwealth and employee organizations of the time and place of such hearing.
The single arbitrator or chairman shall preside over the hearing and shall take testimony. Upon application and for good cause shown, a person, labor organization, or governmental unit having substantial interest therein may be granted leave to intervene by the arbitration panel. The proceedings shall be informal. Any oral or documentary evidence and other data deemed relevant by the arbitration panel or single arbitrator may be received into evidence. The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative to or pertinent to the issues presented to them for determination. If any person refuses to obey a subpoena or refuses to be sworn or to testify, or if any witness, party, or attorney is guilty of any contempt while in attendance at any hearing, the arbitration panel or single arbitrator may, or the district attorney if requested, shall invoke the aid of the superior court within the jurisdiction in which the hearing is being held, which court shall issue an appropriate order. A record of the proceedings shall be kept, and the chairman or single arbitrator shall arrange for the necessary recording service. Transcripts may be ordered at the expense of the party ordering them, but the transcripts shall not be necessary for an award by the panel or single arbitrator. The hearing may be continued at the discretion of the panel or single arbitrator and shall be concluded within forty days from the time of commencement. At the conclusion of the hearing, each party shall submit a written statement containing its last and best offer for each of the issues in dispute to the panel or single arbitrator, who shall take said statements under advisement.
Within ten days after the conclusion of the hearing, a majority of the panel, or the single arbitrator, shall select as the last and best arbitration award either the commonwealth's written statement of its last and best offer, the employee organization's written statement of its last and best offer, or the recommendations of the fact-finder, if a fact-finding report and recommendations have been issued, and immediately shall give written notice of the selection to the parties. The selection shall be final and binding upon the parties and upon the appropriate legislative body. Within thirty calendar days of the last and best offer selection and award, the impartial chairperson of the arbitration panel or, the single arbitrator, shall issue a written opinion inclusive of an analysis of all statutory factors applicable to the proceedings. At any time before the rendering of an award, the chairman of the arbitration panel or single arbitrator, if he is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the parties for further collective bargaining for the period not to exceed three weeks and notify the board of the remand. If the dispute is remanded for further collective bargaining the time provisions of this act shall be extended for a time period equal to that of the remand.
In the event that the representatives of the parties mutually resolve each of the issues in dispute and agree to be bound accordingly, said representatives may, at any time prior to the final decisions by the panel, or single arbitrator, request that the arbitration proceedings be terminated, the panel, acting through its chairman or single arbitrator, shall terminate the proceedings. The factors among others, to be given weight by the arbitration panel or single arbitrator in arriving at the decision shall include: (1) The financial ability of the commonwealth to meet costs. Such factors which shall be taken into consideration shall include but not be limited to: (a) the city, town, or district's state reimbursements and assessments; (b) the city, town, or district's long and short-term bonded indebtedness; (c) the city, town, or district's estimated share in the metropolitan district commission deficit; (d) the city, town, or district's estimated share in the Massachusetts Bay Transportation Authority's deficit; and (e) consideration of the average per capita property tax burden, average annual income of members of the community, the effect any accord by the panel or single arbitrator might have on the respective property tax rates of the city or town. (2) The interests and welfare of the public. (3) The hazards of employment, physical, educational and mental qualifications, job training and skills involved. (4) A comparison of wages, hours and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours and conditions of employment of other employees performing similar services and with other employees generally in public and private employment in comparable communities. (5) The decisions and recommendations of the fact-finder, if any. (6) The average consumer prices for goods and services, commonly known as the cost of living. (7) The overall compensation presently received by the employees, including direct wages and fringe benefits. (8) Changes in any of the foregoing circumstances during the pendency of the arbitration proceedings. (9) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, fact-finding, arbitration or otherwise between parties, in the public service or in private employment. (10) The stipulation of the parties.
Any determination or decision of the arbitration panel or single arbitrator if supported by material and substantive evidence on the whole record shall be binding upon the parties and may be enforced at the instance of either party, the single arbitrator or the arbitration panel in the superior court in equity, provided however, that the scope of arbitration in police matters shall be limited to wages, hours, and conditions of employment and shall not include the following matters of inherent managerial policy: the right to appoint, promote, assign, and transfer employees; and provided, further, that the scope of arbitration in firefighter matters shall not include the right to appoint and promote employees. Assignments shall not be within the scope; provided, however, that the subject matters of initial station assignment upon appointment or promotion shall be within the scope of arbitration. The subject matter of transfer shall not be within the scope of arbitration, provided however, that the subject matters of relationship of seniority to transfers and disciplinary and punitive transfers shall be within the scope of arbitration. Notwithstanding any other provisions of this chapter to the contrary, the commonwealth shall be required to negotiate over subjects of minimum manning of shift coverage.
The commencement of a new fiscal year prior to the final awards by the arbitration panel shall not be deemed to render a dispute moot or to otherwise impair the jurisdiction or authority of the arbitration panel or its award. Any award of the arbitration panel shall be retroactive to the expiration date of the last contract. If the commonwealth, or an employee organization willfully disobeys a lawful order of enforcement pursuant to this section, or willfully encourages or offers resistance to such order, whether by strike or otherwise, the punishment for each day that such contempt continues may be a fine for each day to be determined at the discretion of said court. Each of the parties shall provide compensation for the arbitrator which he has selected pursuant to this section. The remaining costs of arbitration proceedings under this section shall be divided equally between the parties. Compensation for the arbitrators shall be in accordance with a schedule of payment established by the American Arbitration Association.
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An Act increasing the personal care allowance for long term care residents
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S115
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SD2153
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:49:23.123'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:49:23.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S115/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 115) of Mark C. Montigny for legislation to increase the personal care allowance for long term care residents. Children, Families and Persons with Disabilities.
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SECTION 1. Section 1 of chapter 117A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Any person eligible for assistance under this chapter who is not maintaining their home and is receiving care in or residing in a licensed nursing facility, licensed chronic hospital, licensed rest home, or an approved public medical institution as defined in section 8 of chapter 118E, shall retain the first $100 of their monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains their own home and receives state supplementary payments pursuant to sections 1 and 2 of chapter 118A.
SECTION 2. Chapter 118A of General Laws, as so appearing, is hereby amended by inserting after section 7A the following new section:-
Section 7B. Any person eligible for financial assistance under this chapter who is not maintaining their home and is in a licensed medical facility which is eligible for medical assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which such person pays a fixed rate, shall retain the first $100 of their monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains their own home and receives state supplementary payments pursuant to sections 1 and 2 of this chapter.
SECTION 3. Section 15 of chapter 118E of the General Laws, as so appearing, is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
A person eligible for medical assistance under this chapter who is not maintaining their own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first $100 of their monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who is maintaining their own home and who is receiving supplemental payments pursuant to sections 1 and 2 of chapter 118A.
SECTION 4. Section 15 of chapter 118E of the General laws, as so appearing, is hereby amended by striking in the fifth paragraph the figure "$60" and inserting in place thereof the following figure:-$100
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J13', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J13'}, 'Votes': []}]
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An Act relative to state employment postings
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S1150
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SD272
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:53:56.163'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:53:56.1633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1150/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1150) of Joanne M. Comerford for legislation relative to state employment postings. Labor and Workforce Development.
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Section 4J of chapter 7 of the General Laws is hereby amended by adding the following paragraph:-
Every agency and institution of the commonwealth shall transmit to the human resources division all employment opportunities, notices, and postings, excluding positions subject to section 46D of chapter 30, chapter 31 and chapter 150E, including, but not limited to, notices of job opportunities, new positions and vacancies. The division shall immediately place all such information in the statewide employment computerized referral system. No position shall be filled without full compliance with this paragraph.
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An Act relative to municipal unemployment insurance reform
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S1151
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SD342
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:17:39.27'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:17:39.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1151/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1151) of Cynthia Stone Creem for legislation relative to municipal unemployment insurance reform. Labor and Workforce Development.
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SECTION 1. Section 28A of said chapter 151A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after subsection (d) the following:-
(e) with respect to any services described in subsections (a) and (b) that are provided by municipal employees to or on behalf of an educational institution, benefits shall not be paid to any individual under the same circumstances as described in subsections (a) through (c).
SECTION 2. Section 29 of said chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after subsection (d)(6) the following:-
(7) Notwithstanding any of the foregoing provisions of this subsection, the amount of benefits otherwise payable to an individual for any week that begins in a period with respect to which such individual is receiving governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment from a defined benefit plan that is based on the previous work of such individual for the separating employer or for a base period employer shall be reduced by an amount equal to 65 percent of the amount of such payment that is reasonably attributable to such week; provided, however, that such reduction shall apply only when such separating or base period employer employed the individual for at least 75 percent of the individual's total length of service on which the defined benefit plan is based; and provided, further that such reduction shall apply only if, and to the extent, then consistent with section 3304(a)(15) of the Internal Revenue Code of 1954. Payments received under the Social Security Act shall not be subject to this paragraph.
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