Section-by-section analysis prepared by Ava Callender Concepcion and Anne Johnson Landry.
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| Area | Subarea/effect | G.L.C. | Bill Sections | Summary |
|---|---|---|---|---|
| Raising the Age | Define age of criminal majority | 4 -- 7 | 1 | Defines the "age of criminal majority" as the age of 18 text» |
| Data | Define offense based tracking number, OBTN | 4 -- 7 | 1 | Defines offense-based tracking number as a unique number assigned by a criminal justice agency for an arrest or charge text» |
| Bias-Free Policing | Bias free policing required training | 6 --116G | 2 | Requires the Municipal Police Training Committee to create in-service training relative to implicit bias, mental health emergencies, and de-escalation text» |
| CORI | Unarraigned offenses not CORI | 6 --167 | 3 | Prevents offenses that never make it to the arraignment stage from becoming part of a person's criminal record text» |
| CORI | YO offenses in juvenile session not CORI | 6 --167 | 4 | Prevents offenses that never make it to the arraignment stage from becoming part of a person's criminal record text» |
| NIBRS | Adopt National Incident Based Reporting System | 6 --167A | 5 | Requires data reporting of arrests consistent with the National Incident-Based Reporting System text» |
| CORI | Not Guilty by Reason of Insanity should be visible as conviction for CORI | 6-172 | 6 | Allows a finding of not guilty by reason of insanity to appear as a conviction for CORI purposes. text» |
| CORI | Waive CORI fee for Veteran's organization | 6 --172A | 7 | Waives the CORI fee for veterans organizations requesting information about employees, volunteers and veterans organizations that provide housing. text» |
| CORI | Licensing authorities to list disqualifying crimes | 6 --172N | 8 | Creates a new section of the General Laws to require state and political subdivision licensing authorities to provide in licensing requirements a list of disqualifying crimes. text» |
| Crimes | Standing forensic science commission | 6 --184A | 9 | Creates a forensic science commission to provide enhanced, objective and independent auditing and oversight of forensic evidence used in criminal matters and state and municipal laboratory analysis. text» |
| Data | Mandate EOPSS to set data standards | 6A --18 3/4 | 10 | Requires the Secretary of Public Safety to establish data collection and reporting standards for criminal justice agencies and the trial court, such that it shall take the form of a cross-tracking system for data collection and reporting standards which uses a unique statewide identification number as an identifier. text» |
| CORI | CORI resource booklet | 6A --18 3/4 | 10 | Creates a resource booklet to be given to adult and juvenile offenders upon release regarding CORI rights and FAQs text» |
| Sexual Assault Victim Assistance | Statewide sexual assault evidence kit tracking system | 6A --18W | 11 | Creates a statewide sexual assault evidence kit tracking system under EOPSS with the support of law enforcement, hospitals and other relevant agencies. text» |
| NIBRS | Require NIBRS Arrest data to be publicly available | 7D --3 | 12 | Requires NIBRS arrest data to be publicly available through the Massachusetts open data portal, excluding personally identifiable information text» |
| Data | Consolidated data oversight board | 7D --11 | 13 | Establishes an oversight board to monitor and ensure that the goals of the justice reinvestment policies relative to data collection and public availability are achieved text» |
| Fund Structure | Create Municipal Police Training Fund | 10 -- 35EEE | 14 | Creates a Municipal Police Training Fund. text» |
| Fees and Fines | Deposit human trafficking fines to Human Trafficking Fund | 10 -- 66A | 15 | Deposit human trafficking fines to Human Trafficking Fund text» |
| Diversion | Diversion by DA's for Selected Groups | 12 --34 | 16 | Requires the DAs to establish a pre-arraignment diversion program for veterans, active service members, persons with substance abuse disorder, and persons with mental illness. text» |
| Juvenile Justice | Task force for trauma informed juvenile care | 18C --14 | 17 | Creates a task force to study gender responsive and trauma-informed approaches to treatment services for juveniles and youthful offenders in the juvenile justice system. text» |
| Data | Transmit dispositions, sealing, expungment | 22C --36 | 18 | Requires the department of state police to make criminal case disposition information available to the FBI so that FBI records appropriately reflect case outcomes. Authorizes the executive office of public safety and security to promulgate regulations necessary to facilitate a fingerprint-supported criminal history system. Also requires juvenile case disposition information to be transmitted to the FBI simultaneously with an order to seal such information. text» |
| DNA Database | Shorten collection time line (forthwith on conviction) | 22E --3 | 19 | DNA Database: Requires people convicted of certain offenses to submit a DNA sample. Requires the DNA sample for those incarcerated to be collected within 10 days of intake or return to the correctional facility to which the inmate has been sentenced. Prohibits a person who is required to provide a sample from being released until such a sample has been collected. text» |
| DNA Database | Probation officer role in collection | 22E --4 | 20 | DNA Database: Allows for the establishment of regulations or procedures for the collection of DNA samples governing standards for probation officers and licensing personnel who may collect such samples. text» |
| DNA Database | Probation officer role in collection | 22E --4 | 21 | DNA Database: Adds probation officers to the list of individuals authorized to use reasonable force to collect a DNA sample. text» |
| DNA Database | Technical language on collection kits | 22E --5 | 22 | DNA Database: Removes language requiring the department to provide blood sample vials, collection tubes, and mailing tubes for collection of DNA samples for the DNA database. text» |
| DNA Database | Adjust penalty language to address House forthwith | 22E --11 | 23 | DNA Database: Changes the requirements around when failure to provide a DNA sample constitutes a new offense: under the new language, failure to provide must be willful and there is no timing requirement. text» |
| Sexual Assault Victim Assistance | Hospitals to forward rape kits | 41 --97B1/2 | 24 | Requires hospitals and medical facilities to notify law enforcement within 24hrs of collecting a new sexual assault evidence kit and law enforcement to take possession of said sexual assault evidence kit within 3 business days of notification text» |
| CORI | Exclude juvenile arrests from published police logs | 41 --98F | 25 | Removes entries concerning juvenile arrests from the public daily police log text» |
| CORI | Exclude juvenile arrests from published police logs | 41 --98F | 26 | Removes entries concerning juvenile arrests from the public daily police log text» |
| Decriminalization | School Resource officer procedures | 71 --37P | 27 | Outlines the procedure which the chief of police must follow when assigning a school resource officer and establishes criteria for memoranda of understanding between school departments and police departments text» |
| OUI Enforcement | OUI fumes disqualifies for bus driver | 90 --8A | 28 | Vapors of Glue: Provides that no one convicted of operating under the influence of fumes releasing toxic vapors shall be licensed as a school bus driver. text» |
| OUI Enforcement | OUI fumes disqualifies for bus driver | 90 --8A 1/2 | 29 | Vapors of Glue: Provides that no one convicted of operating under the influence of fumes releasing toxic vapors shall be licensed as a school bus driver. text» |
| OUI Enforcement | Arrest without warrant includes OUI fumes | 90 --21 | 30 | Vapors of Glue: Provides for arrest without a warrant of a person operating under the influence of fumes releasing toxic vapors. text» |
| RMV | Eliminate license suspension on court default | 90 --22 | 31 | Eliminates license suspension as an additional penalty for arrest and default warrants text» |
| OUI Enforcement | OUI fumes | 90 --24 | 32 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the definition of OUI. text» |
| OUI Enforcement | Add penalties for over 5 drunk driving offenses | 90 --24 | 33 | Provides a sentencing scheme and enhanced penalties for sixth, seventh, eighth, and ninth or subsequent offenses for OUI. text» |
| OUI Enforcement | OUI Fumes | 90 --24D | 34 | Ignition Interlock Device: Provides for probation of persons convicted of operating under the influence of the fumes releasing toxic vapors. text» |
| Fees and Fines | Allows the court to waive the OUI program surcharge | 90 --24D | 35, 36 | Allows the court to waive the OUI program surcharge if it would constitute a grave and serious hardship for an individual or their immediate family or dependents. text» |
| Crimes | Add additional penalty for reckless MV homicide | 90 --24G | 37 | Rewrites the section providing for homicide by motor vehicle to allow for enhanced available penalties and to distinguish between reckless and negligent driving resulting in someone's death text» |
| OUI Enforcement | OUI Fumes | 90 --24L | 38 | Vapors of Glue: Allows for prosecution for OUI resulting in seriously bodily injury where the person operated under the influence of fumes releasing toxic vapors text» |
| OUI Enforcement | Technical -- route reports to House and Senate Clerks | 90 --24W | 39 | Requires that reports relative to the Operating Under the Influence Deterrent Trust Fund be submitted to the legislative Clerks. text» |
| OUI Enforcement | OUI Fumes | 90B --8 | 40 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a vessel under the influence. text» |
| OUI Enforcement | OUI Fumes | 90B --8A | 41 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a vessel under the influence causing serious bodily injury. text» |
| OUI Enforcement | OUI Fumes | 90B --8A | 42 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a vessel under the influence causing serious bodily injury. text» |
| OUI Enforcement | OUI Fumes | 90B --8B | 43 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a vessel under the influence causing death. text» |
| OUI Enforcement | OUI Fumes | 90B --26A | 44 | Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a snow or recreation vehicle under the influence. text» |
| Mandatory minimums | Move fentanyl and similar substances into class A | 94C --31 | 45 | Adds fentanyl and named like substances and other synthetic opioids scheduled in federal Schedules I and II not otherwise classified to Class A. text» |
| Mandatory minimums | Move fentanyl out of class B | 94C --31 | 46 | Removes acetyl fentanyl and fentanyl from Class B. text» |
| Mandatory minimums | Repeal retail mandatory minimums | 94C -- 32-32B | 47 | Repeals mandatory minimum for some retail drug offenses. text» |
| Mandatory minimums | Repeal retail mandatory minimums | 94C --32C | 48 | Repeals mandatory minimum for some retail drug offenses. text» |
| Mandatory minimums | Add fentanyl variations to Heroin mandatory | 94C --32E | 49 | Adds fentanyl and like substances to the sentencing scheme for heroin trafficking. text» |
| Mandatory minimums | Rewrites fentanyl trafficking section. | 94C --32E | 50 | Creates a new fentanyl trafficking sentencing scheme, setting a 3.5 year mandatory minimum sentence for trafficking 10 grams of a mixture containing fentanyl. text» |
| Mandatory minimums | Add new carfentanil mandatory | 94C --32E | 51 | Sets a new mandatory minimum sentence of 3.5 years for trafficking any amount of carfentanil with knowledge. text» |
| Mandatory minimums | Adjust language of mandatory inventory to reflect changes | 94C --32H | 52, 53, 54 | Updates Section 32H references in light of the repeals of mandatory minimum sentences in previous sections. text» |
| Mandatory minimums | Eliminate quasi-mandatory for paraphernalia | 94C --32I | 55 | Repeals mandatory minimums for drug paraphernalia text» |
| Mandatory minimums | Eliminate quasi-mandatory fines for paraphernalia (500) | 94C --32I | 56 | Repeals mandatory minimum fines for drug paraphernalia text» |
| Mandatory minimums | Repeal School Zone penalties | 94C --32J | 57 | Amends School Zone penalties to apply only in limited circumstances text» |
| Decriminalization | Extend good samaritan protection to probationers | 94C --34A | 58 | Prevents persons seeking medical assistance for themselves or others experiencing drug-related overdose from being found in violation of a condition of probation, parole, or pre-trial release text» |
| Decriminalization | Extend good samaritan protection to probationers | 94C --34A | 59 | Prevents persons seeking medical assistance for themselves or others experiencing drug-related overdose from being found in violation of a condition of probation, parole, or pre-trial release text» |
| Decriminalization | Repeal offense of being in presence of heroin | 94C --35 | 60 | Repeals the crime of being in the presence of heroin. text» |
| Crimes | Asset forfeiture reporting | 94C --47 | 61 | Creates asset forfeiture reporting requirements. text» |
| Diversion | Add definition of addiction specialist | 111E --1 | 62 | Drug Diversion: Expands the types of evaluators authorized to determine drug diversion eligibility programs. text» |
| Diversion | Add definition of independent addiction specialist | 111E --1 | 63 | Drug Diversion: Defines "independent addiction specialist" for purposes of drug diversion. text» |
| Diversion | Allow eval by addiction specialist instead of physician | 111E --10 | 64 | Drug Diversion: Permits an Òaddiction specialistÓ (a person licensed or certified by the department as a provider of substance abuse treatment or a physician, licensed psychologist, registered nurse or licensed clinical social worker) to determine drug diversion eligibility text» |
| Diversion | Allow eval by addiction specialist instead of physician | 111E --10 | 65 | Drug Diversion: Permits an Òaddiction specialistÓ (a person licensed or certified by the department as a provider of substance abuse treatment or a physician, licensed psychologist, registered nurse or licensed clinical social worker) to determine drug diversion eligibility text» |
| Diversion | Allow use of addiction specialist instead of physician | 111E --10 | 66 | Drug Diversion: Allows for review (a kind of "second opinion") in the context of drug diversion by an independent addiction specialist, rather than an independent psychiatrist or independent physician. text» |
| Diversion | Allow use of addiction specialist instead of physician | 111E --10 | 67 | Drug Diversion: Allows for review (a kind of "second opinion") in the context of drug diversion by an independent addiction specialist, rather than an independent psychiatrist or independent physician. text» |
| Diversion | Allow use of addiction specialist instead of physician | 111E --11 | 68 | Drug Diversion: Permits an Òaddiction specialistÓ (a person licensed or certified by the department as a provider of substance abuse treatment or a physician, licensed psychologist, registered nurse or licensed clinical social worker) to determine drug diversion eligibility text» |
| Diversion | Allow use of addiction specialist instead of physician | 111E --11 | 69, 70 | Drug Diversion: Permits an "addiction specialist" (a person licensed or certified by the department as a provider of substance abuse treatment or a physician, licensed psychologist, registered nurse or licensed clinical social worker) to determine drug diversion eligibility text» |
| Diversion | Allow use of addiction specialist instead of physician | 111E --13A | 71 | Drug Diversion: Permits an Òaddiction specialistÓ (a person licensed or certified by the department as a provider of substance abuse treatment or a physician, licensed psychologist, registered nurse or licensed clinical social worker) to determine drug diversion eligibility text» |
| Juvenile justice | Define juvenile delinquency to exclude civil | 119 -- 52 | 72 | Raises the age of juvenile court jurisdiction at the lower age from 7 to 12 within the definition of "Delinquent child" and specifies that a violation of a municipal ordinance or by-law or first offense misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months, shall not lead to a designation as a "delinquent child." text» |
| Raising the Age | Raise low end of juvenile range | 119 --54 | 73 | Raises the age of juvenile court jurisdiction in the context of juvenile court complaints at the lower end from 7 to 12. text» |
| Data | Require OBTN for juvenile felony arrests | 119 --54 | 74 | Requires complaints submitted to the juvenile court to be accompanied by an offense-based tracking number. text» |
| Juvenile Diversion | Add explicit authority to divert juveniles before arraignment | 119 --54A | 75 | Juvenile Diversion: Makes diversion available for juveniles on terms similar to adults under c. 276A text» |
| Raising the Age | Raise low end of juvenile range | 119 --67 | 76 | Raises the age of juvenile court jurisdiction at the lower age from 7 to 12 in the context of notice of arrest of a child text» |
| Juvenile Justice | Revise juvenile lock-up protections | 119 --67 | 76 | Rewrites the juvenile lockup statute and requires notice of arrest to DCF of children within its care and custody. text» |
| Raising the Age | Raise low end of juvenile range | 119 --68 | 77 | Raises the age of juvenile court jurisdiction at the lower age from 7 to 12 in the context of commitment of children held for examination or trial text» |
| Raising the Age | Raise low end of juvenile range | 119 --68A | 78 | Raises the age of juvenile court jurisdiction at the lower end from 7 to 12 in the context of court referral to DYS, any court clinic, or DMH for diagnostic study text» |
| Raising the Age | Raise low end of juvenile range | 119 --84 | 79 | Raises the age of juvenile court jurisdiction at the lower end from 7 to 12 in the context of warrants of commitment to department of youth services text» |
| Juvenile Justice | Limit use of shackling on juveniles | 119 -- 86 (new) | 80 | Prevents restraints from being used in juvenile court proceedings, unless the justice presiding makes specific findings on the record as to why they are necessary. text» |
| Juvenile Justice, Diversion | Limit confinement of juveniles with adults | 119 -- 87 (new) | 80 | Prevents DYS and DOC from placing in secure detention any juvenile who has been charged with or who has committed an offense that would not be criminal if committed by an adult, except those held in accordance with the interstate compact on juveniles, who has not been charged with any offense, or who has been alleged to be dependent, neglected, or abused. Prevents DYS and DOC from detaining such a juvenile or any juvenile alleged to be or found to be delinquent in which they have contact with adult inmates. text» |
| Juvenile Justice, Diversion | Allow participation of juveniles in restorative justice | 119 -- 88 (new) | 80 | Allows a child against whom a complaint is brought under Chapter 119 to participate in a community-based restorative justice program. text» |
| Data | Juvenile Justice Commission and data specifications | 119 -- 89 (new) | 80 | Creates a juvenile justice policy and data board. text» |
| RMV | Require that license not be suspended if not have address | 119A --16 | 81 | Prevents the Department of Revenue from suspending licenses for the non-payment of child support when there is no evidence of the obligor living at the address last known text» |
| Juvenile Justice | Prohibition on involuntary room confinement for juveniles | 120 --10B | 82 | Prevents the use of involuntary room confinement in the department of youth services as punishment text» |
| Technical change | Redefine "state prison" | 125 --127 | 83 | Broadens the definition of "state prison" to extend beyond Cedar Junction to include any prison owned, operated, administered or subject to the control of DOC. text» |
| Data | Set data recording requirements for HOC | 126 --40 | 84 | Sets data recording requirements for the Houses of Correction. text» |
| Restrictive Housing | Definitions of restricted housing concepts | 127 --1 | 85, 86, 87 | Provides definitions for "Disciplinary restrictive housing," "Exigent circumstances," "Placement review," "Serious mental illness," and "Restrictive Housing" text» |
| Restrictive Housing | Repeal archaic recordkeeping | 127 --4 | 88 | Repeals now defunct provisions on isolation and related reporting text» |
| Prison programming | Require screening for substance abuse | 127 --16 | 89 | Requires anyone sentenced to 30 days or more to be screened for substance use disorder by a qualified addiction specialist. text» |
| Data | Specify DOC tracking #'s (SID Senate, PCF House) | 127 --28/23 | 90 | Requires the officer in charge of a penal institution to maintain a record of each inmate's probation central file number, offense-based tracking number, and fingerprint-based state identification number text» |
| Prison programming | Treat prisoners according to their gender identity | 127 --32A | 91 | Provides transgender prisoners the right to be treated and addressed according to their gender identity text» |
| Prison programming | Prisons should not eliminate in-person visitation | 127 --36C | 92 | Ensures that inmates remain entitled to in-person visitation at least 2 times a week, which can be supplemented with but not replaced by electronic communications. text» |
| Restrictive Housing | 39: Conditions of restrictive housing | 127 -- Old: 39, 39A | 93 | Requires specified privileges and conditions for those housed in restrictive housing. text» |
| Restrictive Housing | 39A, B: Admission and release from restrictive housing | 127 -- Old: 39, 39A | 93 | Assures that prisoners segregated for their own safety are not punished, and protects LGBTQ prisoners from arbitrary use of restrictive housing. Provides protections for those who are seriously mentally ill or otherwise clinically contraindicate text» |
| Restrictive Housing | 39C: Officer training | 127 -- Old: 39, 39A | 93 | Requires the commissioner to promulgate regulations governing officer training text» |
| Restrictive Housing | 39D: Data for monitoring | 127 -- Old: 39, 39A | 93 | Creates restrictive housing data reporting requirements text» |
| Restrictive Housing | 39E: Programming for inmates in solitary | 127 -- Old: 39, 39A | 93 | Provides that inmates in solitary have access to vocational, educational, and rehabilitative programs to the maximum extent possible and receive good time at the same rate as the general population text» |
| Restrictive Housing | 39F: Preparation for release | 127 -- Old: 39, 39A | 93 | Requires the department to establish policies and programming to prepare prisoners for release text» |
| Restrictive Housing | 39G: Oversight Commission | 127 -- Old: 39, 39A | 93 | Establishes a restrictive housing oversight committee to gather information regarding the use of segregation text» |
| Restrictive Housing | 39H: Commissioner to promulgate regulations | 127 -- Old: 39, 39A | 93 | Requires the Commissioner to promulgate restrictive housing regulations text» |
| Restrictive Housing | Repeal archaic confinement language | 127 --40, 41 | 94 | Repeals now defunct provisions on confinement to isolation units text» |
| Prison programming | Availability of GED Programming | 127 -- 48 | 95 | Requires that at least 1 educational program leading to the award of a high school equivalency certificate is available to inmates who have not obtained a high school degree or equivalency. text» |
| Prison programming | Creation of youth units and officers | 127 -- 48B | 96 | Permits a house of correction to create young adult correctional units or designated young adult officers to exclusively supervise young adults between the ages of 18 and 24. text» |
| Extraordinary Medical | Extraordinary medical release | 127 --119A | 97 | Allows medical release of prisoners who are incapacitated and pose no public safety risk- with review by the commissioner text» |
| Juvenile Justice | Access to appointed counsel for juvenile lifers | 127 --133A | 98 | Provides that a prisoner serving a life sentence for an offense committed before reaching the age of 18 has the right to counsel at parole hearings and the right to funds for experts text» |
| Fees and Fines | Triple rate at which fines are worked off | 127 --144 | 99 | Triples the rate at which fines are worked off by incarceration from $30/day to $90/day text» |
| Fees and Fines | Procedural protections for fine time | 127 --145 | 100 | Establishes procedural protections for ÒFine TimeÓ text» |
| Definitions | Alcohol good samaritan for youth definition | 138 --1 | 101 | Defines "alcohol-related incapacitation" text» |
| Crimes | Alcohol good samaritan for youth | 138 --34E | 102 | Provides that a person under age 21 who seeks medical assistance for him or herself or for another for an alcohol-related overdose shall not be charged or prosecuted for alcohol possession or purchase if the evidence was gained as a result of seeking medical assistance. Refers to prosecutions under 34, 34A, and 34C. text» |
| CORI | 3/5 misdemanor in employment context | 151B -- 4 | 103 | Makes it an unlawful employment practice of an employer to request or use information to exclude, limit, or discriminate against a person by reason of his or her failure to furnish information regarding a conviction of a misdemeanor where the date of conviction or completion of incarceration occurred three (the legislation changes this from five) years prior text» |
| CORI | 3/5 misdemanor in employment context | 151B -- 4 | 103 | Makes it an unlawful employment practice of an employer to request or use information to exclude, limit, or discriminate against a person by reason of his or her failure to furnish information regarding a conviction of a misdemeanor where the date of conviction or completion of incarceration occurred three (the legislation changes this from five) years prior text» |
| CORI | Not inquire about sealed or expunged | 151B -- 4 | 104 | Makes it an unlawful employment practice for an employer to request or use information to exclude, limit, or discriminate against a person by reason of his or her failure to furnish such information regarding a criminal record or anything related that has been sealed or expunged. text» |
| Fees and Fines | Make batterer's program fees waivable | 209A --10 | 105 | Allows the court to waive the assessment for persons referred to certified batterers' treatment programs if it would constitute a substantial financial hardship for a person or the person's immediate family or dependents text» |
| Data | Courts to send OBTN for dispos, sealing, etc. | 211B --22 | 106 | Requires the trial court to submit all criminal case disposition information to the department of state police for each offender appearing in court for purposes of updating the criminal history record text» |
| Fees and Fines | Eliminate indigent counsel fee for juveniles | 211D --2A | 107 | Ensures that no person under the age of 18 is assessed an indigency counsel fee. text» |
| Data | Indictments for felony arrest to include OBTN | 212 --7 | 108 | Requires offense-based tracking numbers and fingerprint-based state IDs to accompany felony indictments text» |
| Crimes | District court jurisdiction for conspiracy and solicitation | 218 -- 26 | 109 | Clarifies that the District Court and Boston Municipal Court have original jurisdiction concurrent with the Superior Court over witness intimidation. text» |
| Crimes | District court jurisdiction for intimidation | 218 -- 26 | 109 | Clarifies that the District Court and Boston Municipal Court have original jurisdiction concurrent with the Superior Court over conspiracy and solicitation to commit a felony. text» |
| Data | Complaints to include OBTN | 218 --32A | 110 | Requires that an application for a criminal complaint be accompanied by an offense-based tracking number. text» |
| Juvenile Justice | Parental privilege | 233 --20 | 111 | Prohibits a parent from testifying against the parent's minor child and a minor child from testifying against the child's parent text» |
| Fees and Fines | Standard waiver language for court assessments | 258B --8 | 112 | Standardizes when court assessments may be waived: substantial financial hardship upon the person against whom the assessment is imposed or upon the personÕs immediate family or dependents. text» |
| Victim Compensation | Waives timely V-W police reporting for juveniles | 258C --2 | 113 | Excludes victims under the age of 18 years of age from the 5 day reporting deadline text» |
| Victim Compensation | Victims conduct may, rather than shall reduce VW award | 258C --2 | 114 | Provides that, to the extent that the victimÕs acts or conduct provoked or contributed to the injuries, the division of victim compensation and assistance may Ð rather than shall Ð reduce a victimÕs award. text» |
| Victim Compensation | Allow burial costs of V to be covered in VW award | 258C --2 | 115 | Provides that, in the case of a homicide victim, where a victimÕs acts or conduct provoked or contributed to the injuries, the funds may be reduced except for appropriate and modest funeral, burial, and/or cremation services. text» |
| Wrongful conviction | Permits preliminary relief | 258D --1 | 116 | Permits preliminary relief and services if there is a substantial likelihood that a person will succeed text» |
| Wrongful conviction | Ensures that claimants receive expedited speedy trial | 258D --3 | 117 | Ensures that claimants receive expedited discovery and a speedy trial text» |
| Wrongful conviction | Court may order services | 258D --5 | 118 | Permits the court to require, as part of its judgment, that the commonwealth provide reasonable and necessary services to the claimant text» |
| Wrongful conviction | Increases the current $500,000 cap to $1m | 258D --5 | 119 | Increases the current $500,000 cap for those seeking compensation for wrongful convictions to $1,000,000 text» |
| Wrongful conviction | Preliminary order for services | 258D --5 | 120 | Requires the court to enter a preliminary order that the commonwealth provide reasonable and necessary services to the claimant text» |
| Wrongful conviction | Attorneys fees for claimaints | 258D --6 | 121 | Provides that a prevailing claimant shall have the right to an award of the costs of litigation and attorney's fees text» |
| Wrongful conviction | Expunge/seal in settlement | 258D --7 | 122 | Provides that a settlement agreement include a stipulation or agreement to an expungement or sealing order to be entered by the court text» |
| Wrongful conviction | SOL from 2 to 3 years | 258D --8 | 123 | Increases the statute of limitations from 3 years to 2 years text» |
| Wrongful conviction | No longer allow 1 year extension (since SOL extended) | 258D --9 | 124 | Amends the procedures available for a person who is wrongfully convicted to seek compensation from the Commonwealth text» |
| Data | Fingerprinting -- accelerated but not expanded | 263 --1A | 125 | Requires fingerprinting upon felony arrest text» |
| Crimes | Expand definition of critical witness | 263A --1 | 126 | Expands the definition of critical witness. text» |
| Crimes | Corporate Manslaughter penalty enhancement | 265 --13 | 127 | Sets penalties for corporate manslaughter of not more than $250,000 text» |
| Crimes | ABPO with serious injury | 265 --13D | 128 | Provides that an assault and battery causing serious bodily injury to a police officer during course of duty is subject to 1 year mandatory minimum and 10 year maximum penalty text» |
| Fees and Fines | Standardize waiver language for sex offender GPS fee | 265 --47 | 129 | Standardizes when GPS fees for sex offenders may be waived: substantial hardship to the offender or the person's immediate family or the person's dependents. text» |
| Fees and Fines | Direct enticement fines to trafficking fund | 265 --54 | 130 | Requires fines collected as punishment for enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity to be directed to the state treasurer's office for deposit into the Victims of Human Trafficking Trust Fund text» |
| Crimes | Make trafficking victim defense available for "resorting" | 265 --57 | 131 | Allows for it to be an affirmative defense to the charge of resorting to restaurants or taverns for immoral purpose that someone was a human trafficking victim under coercion text» |
| Crimes | Vacatur of prostitution convictions for trafficking victims | 265 --59 | 132 | Allows for vacatur for human trafficking victims where the defendant's participation in the offense was a result of being a human trafficking victim. text» |
| Fees and Fines | Standardize waiver language for MV restitution | 266 --27A | 133 | Allows for modification of an order of restitution for intentionally defrauding an insurer by removing or concealing a motor vehicle or trailer based on the order causing a substantial financial hardship to the defendant or the defendant's immediate family or the defendant's dependents text» |
| RMV | No loss of license for malicious MV damage | 266 --28 | 134 | Allows that a conviction or adjudication for malicious damage to a motor vehicle or trailer shall not result in loss of license. text» |
| Fees and Fines | Standardize waiver language for MV restitution | 266 --29 | 135 | Allows for modification of an order of restitution for stealing a motor vehicle based on the order causing a substantial financial hardship to the defendant or the defendant's immediate family or the defendant's dependents text» |
| Felony Larceny | Increase larceny threshold | 266 --30 | 136 | Raises the threshold for felony larceny to $250 from $1,200. text» |
| Felony Larceny | Adjust penalties for lower larcenies | 266 --30 | 137 | Omits language relating to common carriers in the context of larceny. text» |
| Felony Larceny | Allow warrantless arrest for larcenies over $250 | 266 --30 | 138 | Allows for probable-cause-based arrests without a warrant for larceny involving property over $250. text» |
| Felony Larceny | Raise boundary btw shoplifiting and larceny to $250 | 266 --30A | 139 | Raises the shoplifting threshold to $250. text» |
| Felony Larceny | Stealing credit card number same as stealing card | 266 --37A | 140 | Updates the definition of credit card in the context of misuse/fraud of credit cards text» |
| Felony Larceny | Increase larceny threshold | 266 --37B | 141 | Raises the threshold for felony credit card misuse from $250 to $1,200. text» |
| Felony Larceny | Increase fines for credit card violation | 266 --37B | 142 | Increases the max fine penalty for credit card misuse/fraud from $500 to $2,500 text» |
| Felony Larceny | Increase larceny threshold | 266 --37C | 143 | Raises the threshold for felony credit card fraud from $250 to $1,200. text» |
| Felony Larceny | Increase fines for credit card violation | 266 --37C | 144 | Increases fine penalty for credit card misuse/fraud from $2000 to $10,000 text» |
| Crimes | New crime -- unlawful possession of credit card scanner | 266 --37E | 145 | Creates crime for those in unlawful possession of identity scanning devices with intent to steal an identity and provides for fine of up to $5,000 and up to 2.5 years. text» |
| Felony Larceny | Increase threshold for receiving stolen goods | 266 --60 | 146 | Raises the dollar threshold for felony receipt of stolen property from $250 to $1200. text» |
| Felony Larceny | Increase fines for receiving stolen goods | 266 --60 | 147 | Raises the possible fine for receipt of stolen property for a first offense from a fine of not more than $1000 to a fine of not more than $3000. text» |
| Felony Larceny | Allow warrantless arrest for RSG over $250 | 266 --60 | 148 | Allows for probable-cause-based arrests without a warrant for receipt of stolen property over $250 text» |
| Fees and Fines | Waivability of restitution in crimes against vessels | 266 --108 | 149 | Allows the court to waive a restitution order for destruction of a ship or vessel with intent to defraud the owner or insurer if the defendant is indigent or if it would cause a substantial financial hardship to the defendant, the defendant's immediate family or the defendant's dependents text» |
| Fees and Fines | Waivability of restitution in crimes against vessels | 266 --108 | 150 | Permits the court to grant remission from any payment of restitution or modify payment of restitution if it would cause a substantial financial hardship to the defendant, the defendant's immediate family or the defendant's dependents text» |
| Fees and Fines | Waivability of restitution in MV insurance fraud | 266 --111B | 151 | Permits the court to grant remission from any payment of restitution or modify payment of restitution for fraudulent motor vehicle insurance claims if it would cause a substantial financial hardship to the defendant, the defendant's immediate family or the defendant's dependents text» |
| RMV | Remove license suspension for vandalism | 266 --126A | 152 | Removes the penalty of license suspension from the offense of vandalism. text» |
| RMV | Remove license suspension for tagging | 266 --126B | 153 | Removes the penalty of license suspension from the offense of tagging (graffiti). text» |
| Felony Larceny | Increase thresholds for malicious damage | 266 --127 | 154 | Raises the felony threshold for malicious destruction of property from property valued over $250 to damage valued over $1,000; changes the fine calculating factor from $3000 or three times the value of the property to $3000 or three times the value of the damage caused to the property. text» |
| Crimes | Strengthen witness intimidation statute | 268 --13B | 155 | Expands the scope of what constitutes witness intimidation text» |
| Crimes | Expand crime of providing false info to PO | 268 --34A | 156 | Expands crime of providing false info to law enforcement to include providing a false address, date of birth, home address, mailing address, phone number, or other information at arrest text» |
| Crimes | OUI Fumes (firearms) | 269 --10H | 157 | Vapors of Glue: Amends the offense of carrying a loaded firearm while under influence to include smelling or inhaling the fumes of any substance having the property of releasing toxic vapors text» |
| Fees and Fines | Waivability of restitution in Excess 911 Calls | 269 --14B | 158 | Requires the court to consider a defendantÕs present and future ability to pay restitution for any such costs, damages or loss due to the willful and malicious communication of false information to 911 response services; Permits the court to waive restitution or modify the payment of restitution if it would cause a substantial financial hardship to the defendant or the defendantÕs immediate family or the defendantÕs dependents text» |
| Juvenile Justice | Decriminalizes disturbing a school assembly. | 272 --40 | 159 | Decriminalizes disturbing a school assembly. text» |
| Juvenile Justice | Decriminalizes first yourth disorderly and school disorderly | 272 --53 | 160 | Decriminalizes first offense disorderly for juveniles text» |
| Financing | Transfer fines from human trafficking to victim trust fund | 272 --107 | 161 | Requires fines from human trafficking to be deposited into the Victims of Human Trafficking Trust Fund text» |
| Crimes | Define crime of solicitation of Felony | 274 --8 | 162 | Establishes the crime of solicitation of a felony text» |
| Fees and Fines | Standardize waiver language for defaults | 276 --30 | 163 | Standardizes when fees may be waived for forfeiting or defaulting on one's bail bond or recognizance: if the fee would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents text» |
| Fees and Fines | Standardize waiver language for defaults | 276 --30 | 164 | Standardizes when fees may be waived for forfeiting or defaulting on one's bail bond or recognizance: if the fee would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents text» |
| Fees and Fines | Standardize waiver language for fine defaults | 276 --31 | 165 | Permits the court to waive an assessment if it would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents (Default warrants due to failure to pay fees or fines) text» |
| Bail reform | Bail reform | 276 --57, 58, 59 | 166, 167, 168, 169, 170, 171, 172, 177 | Amends the existing bail statute in light of the Brangan opinion to include if a person poses a danger to others and a personÕs financial resources as considerations when determining release on recognizance. Requires recorded findings of fact and reasoning as to why neither alternative nonfinancial conditions nor a bail amount that the person can afford will reasonably assure his or her appearance before the court if bail is set at an amount likely to result in a personÕs long-term pretrial detention text» |
| Bail reform | Bail reform | 276 --58A | 174 | Allows for dangerousness hearing for charge of a third or subsequent OUI text» |
| Bail reform | Community corrections in lieu of bail | 276 --58A | 175 | Permits the court to order participation in a community corrections program as a condition of release text» |
| Bail reform | Bail reform | 276 --58A | 176 | Provides that, absent good cause, a person held under a dangerousness hearing shall not be detained for a period exceeding 120 days by the district attorney or for a period exceeding 180 days by the superior court text» |
| Bail reform | Bail reform | 276 --59 | 177 | Repeals the statute governing admission to bail by master in chancery text» |
| Bail reform | Bail reform | 276 --61A | 178 | Repeals the statute governing disposition or encumbrance of real estate of bail or surety. text» |
| Bail reform | Bail reform | 276 --61B | 179 | Prohibits a person from being compensated for proposing to become bail or surety. text» |
| Decriminalization | Use of prescription drugs not a probation violation | 276 --87A | 180 | Prohibits probation violations on the basis of using properly prescribed medications. text» |
| Fees and Fines | Explicitly allow probation fee waiver for returning citizens | 276 --87A | 181 | Provides that a court shall waive probation fees for a personÕs first 6 months of probation after release. Such probation fees may be waived after the first 6 months if the court determines, after a hearing, that said fees would constitute a substantial financial hardship to the person, the personÕs immediate family or dependents. text» |
| Fees and Fines | Standardize probation fee waiver language | 276 --87A | 182 | Permits probation fees to be waived if it would cause a substantial financial hardship to the person, the person's immediate family or the person's dependents text» |
| Crimes | Allow appointment of youth probation officers | 276 --89B | 183 | Provides that probation may designate officers to exclusively supervise those between 18 to 24 years old. text» |
| Fees and Fines | Standardize Waiver language in MV restitution | 276 --92A | 184 | Permits the court to grant remission from any payment of restitution or modify the payment of restitution if it would cause a substantial financial hardship to the defendant, the defendant's immediate family or the defendant's dependents text» |
| Bail reform | Pre-trial services | 276 --99G | 185 | Establishes the office of pretrial services which shall develop programs to minimize unnecessary pretrial detention and notify defendants of court appearance obligations text» |
| CORI | Misdemeanor sealing 5/3 | 276 --100A | 186 | Allows for the sealing of misdemeanor cases after 3 (rather than 5) years have expired. text» |
| CORI | Felony sealing 10/7 | 276 --100A | 187 | Allows for the sealing of felony offenses after 7 (rather than 10) years have expired. text» |
| CORI | Seal resisting arrest | 276 --100A | 188 | Allows for the sealing of convictions for resisting arrest. text» |
| CORI | Sealed records not to be used for housing apps, etc. | 276 --100A | 189, 190, 191, 192 | Clarifies that sealed records shall not be used to screen applicants for employment, housing or an occupational or professional license and in these contexts applicants may answer "no record." text» |
| CORI | Modifies repeated notification sentence -- same as in 100A | 276 --100C | 193 | Clarifies that sealed records shall not be used to screen applicants for employment, housing or an occupational or professional license and in these contexts applicants may answer "no record." text» |
| CORI | Modifies repeated notification sentence -- same as in 100A | 276 --100C | 194 | Clarifies that sealed records shall not be used to screen applicants for employment, housing or an occupational or professional license and in these contexts applicants may answer "no record." text» |
| CORI | Expand expungement for youth/juveniles and in error cases | 276 --100E-100U | 195 | Defines expungement, allows for expungement of certain juvenile and criminal records for young adults, and permits the court to expunge records in cases where there was fraud upon the court or where the offense is no longer a crime. text» |
| Diversion | Remove probation certification requirement | 276A --1 | 196 | Removes the requirement that the Massachusetts Probation Service certify or approve diversion programs. text» |
| Diversion | Remove age limits on diversion | 276A --2 | 197 | Removes the existing age requirements (ages 18-22) for diversion text» |
| Diversion | Limit divertible offenses | 276A --4 | 198 | Excludes specified offenses from being eligible for diversion. text» |
| Diversion | Allow victims to make recommendations re diversion | 276A --5 | 199 | Allows victims to make recommendations relative to diversion. text» |
| Diversion | Repeal certification requirements sections | 276A -- 8, 9 | 200 | Repeals the sections of the General Laws requiring the certification of diversion programs by the Massachusetts Probation Service. text» |
| Diversion | Clarify that no limit on DA ability to divert | 276A --12 | 201 | Clarifies that the diversion and restorative justice chapters do not limit the ability of the DA or the police to divert. text» |
| Diversion | Restorative Justice | 276B -- | 202 | Establishes eligibility for community-based restorative justice prorgrams prior to conviction or adjudication, sets limits on how participation in such a program can be used in other proceedings, and creates a restorative justice advisory committee. text» |
| Diversion | Updates to list of offenses convertible to civil or divertible | 277 --70C | 203 | Removes chapter 119 from the list of offenses that cannot be treated as a civil infraction or diverted. text» |
| Diversion | Updates to list of offenses convertible to civil or divertible | 277 --70C | 204 | Adds section 25 of chapter 266 to the list of offenses that cannot be converted to a civil infraction or diverted. text» |
| Diversion | Updates to list of offenses convertible to civil or divertible | 277 --70C | 205 | Rewrites the list of offenses that cannot be converted to a civil infraction or diverted. text» |
| Fees and Fines | Notice to defendant of fine rights upon sentencing | 279 --1 | 206 | Requires court to provide specified information to a person sentenced to pay a fine or assessed fees at disposition of a case. text» |
| Diversion | Written findings if incarcerating a primary caretaker | 279 --6B | 207 | Requires a judge to make written findings before incarcerating a primary caretaker who has submitted a motion supported by affidavit. text» |
| Fees and Fines | Standardize waiver of special cost assessments | 280 --6A | 208 | Standardizes the standard for the waiver of special cost assessments. text» |
| Fees and Fines | Standardize waiver of special cost assessments | 280 --6B | 209 | Standardizes the standard for the waiver of special cost assessments. text» |
| Fees and Fines | Parole fees | Chapter 26 of the acts of 2003 --368 | 210, 211, 212, 213 | Eliminates parole fees for the first six months someone is on parole and standardizes the waiver standard for parole fees thereafter. text» |
| Sexual Assault Victim Assistance | Sexual assault evidence kit backlog | 214 | Requires the sexual assault evidence kit backlog tobe addressed within 180 days of the act. text» | |
| Sexual Assault Victim Assistance | Effective date for policies relative to victim contact and notification concerning sexual assault evidence kits, and victims'' rights | 215 | Establishes effective date for statwewide polices and procedures for law enforcement relative to victim contact and notification relative to sexual assault evidence kits and establishes victims' rights. text» | |
| Sexual Assault Victim Assistance | Requires sexual assault kit tracking system task force to identify specified funding sources. | 216 | Requires sexual assault kit tracking system task force to identify specified funding sources. text» | |
| Fees and Fines | New special fees and fines commission | 217 | Establishes a special commission to study the ability of a defendant to pay finesa nd fees. text» | |
| Prison programming | LGBTQ prisoner health commision | 218 | Establishes a special commission to study the health and safety of lesbian, gay, bisexual, transgender, queer, and intersex prisoners. text» | |
| Prison programming | Correctional Officer Suicide Task Force | 219 | Establishes a special commission to study the prevention of suicide among correctional officers. text» | |
| Bail Reform | Bail Reform Commission | 220 | Establishes a special commission to study bail reform. text» | |
| Raising the Age | Task force to study treatment/impact of emerging adults in the court and correctional system. | 221 | Creates a task force to study treatment/impact of emerging adults in the court and correctional system. text» | |
| Elder Affairs | Report on elder protection laws | 222 | Requires the Secretary of Elder Affairs, the Secretary of Public Safety, in consultation with the Attorney General, AARP, NAELA, and a representative from an aging services access point to report to the legislature on elder protection laws. text» | |
| Justice-Involved Women | Panel on justice involved women | 223 | Creates a panel on justice-involved women. text» | |
| Prison programming | Study on long distance prison phone costs | 224 | Requires the Department of Correction and the Department of Telecommunications and Cable to study the cost of prisoner phone services. text» | |
| Diversion | Middlesex County restoration center commission | 225 | Creates a Middlesex restoration center commission. text» | |
| Crimes | Commission on qualifications of SDP practitioners | 226 | Establishes a special commission to review the qualifications and scope of practice of qualified examiners of sexually dangerous persons. text» | |
| CORI | Waiver from fingerprint-based ID requirements. | 227 | Allows the Executive Office of Public Safety and Security to issue a temporary waiver to a police department from new requirements relative to submitting fingerprints together with a felony complaint. text» | |
| Sexual Assault Victim Assistance | Effective dates for sexual assault evidence kit tracking system | 228 | Allows for a phased implementation schedule of the sexual assault evidence kit tracking system and sets deadlines for participation by various stakeholders. text» | |
| Juvenile Justice | Deadline for appointments to juvenile justice policy and data board | 229 | Requires appointments to the juvenile justice policy and data board to be made not less than 90 days after the effective date of the act. text» | |
| Restrictive Housing | Deadline for restrictive housing regulations | 230 | Requires that new restrictive housing regulations be promulgated not later than 12/31/18. text» | |
| Diversion | Restorative Justice | 231 | Requires restorative justice advisory committee to meet not later than 10/1/18 with the first meeting to be held not later than 12/1/18. text» | |
| Effective dates | Sets effective date at 90 days. | 232 | Sets effective date at 90 days from enactment of certain sections of the bill. text» | |
| CORI | Effective data for fingerprint changes | 233 | Makes fingerprint-based ID changes effective July 1, 2019. text» | |
| DNA Database | Effective date for DNA database penalties | 234 | Makes sections relative to penalties for and offense of wilful failure to provide DNA sample effective one year from the effective date of the act. text» | |
| DNA Database | Transition rules for penalties for failure to provide DNA | 235 | Makes new penalties relative to wilful failure to provide DNA sample applicable to convictions and adjudications entered on or after a date 1 year after the effective date of the ACt. text» | |
| Restrictive Housing | Effective date for new restrictive housing procedures, other new corrections requirements, and requirement for separate juvenile police logs | 236 | Makes new restrictive housing procedures, other new requirements for corrections, and requirement for separate juvenile police logs effective December 31, 2018. text» | |
| Mandatory minimums | Effective date for fentanyl and carfentanyl trafficking | 237 | Makes new fentanyl and carfentanil laws, as well as the new parent-child privilege law, applicable to offenses committed after the effective date of the Act. text» | |
| Mandatory minimums | Effective date for repeal of mandatory minimums for low-level drug offenses | 238 | Makes the repeal of mandatory minimums for low-level drug offenses apply to initial convictions occurring on or after the effective date of the act. text» | |
| CORI | Delay most CORI changes by 6 mos | 239 | Makes most CORI-related changes, including new expungement section, effective 6 months after the effective date of the Act. text» | |
| Garden of Peace | Garden of Peace Trust Fund | 10 -- 35FFF | 1 | Establishes the Garden of Peace Trust Fund (Separate bill) |
| Garden of Peace | Victim Witness board to manage Garden of Peace | 258B -- 4 | 2 | Provides that the Victim Witness Board assume the management and administration of the Garden of Peace (Separate bill) |
Thank you Sen Brownsberger and Concepcion and Landry for this section by section analysis. Incredibly helpful. I’m working on a similar guide for the Harvard Prison Legal Assistance Project and this was really helpful for some parts (like section 103 and 104) that are more difficult to understand.