HOME

Section by Section of Criminal Justice Reform Package (One Response)

Section-by-section analysis prepared by Ava Callender Concepcion and Anne Johnson Landry.

Use search box at the right to filter entries

Analytic summary view

AreaSubarea/effectG.L.C.Bill SectionsSummary
Raising the AgeDefine age of criminal majority4 -- 71Defines the "age of criminal majority" as the age of 18 text»
DataDefine offense based tracking number, OBTN4 -- 71Defines offense-based tracking number as a unique number assigned by a criminal justice agency for an arrest or charge text»
Bias-Free PolicingBias free policing required training6 --116G2Requires the Municipal Police Training Committee to create in-service training relative to implicit bias, mental health emergencies, and de-escalation text»
CORIUnarraigned offenses not CORI6 --1673Prevents offenses that never make it to the arraignment stage from becoming part of a person's criminal record text»
CORIYO offenses in juvenile session not CORI6 --1674Prevents offenses that never make it to the arraignment stage from becoming part of a person's criminal record text»
NIBRSAdopt National Incident Based Reporting System6 --167A5Requires data reporting of arrests consistent with the National Incident-Based Reporting System text»
CORINot Guilty by Reason of Insanity should be visible as conviction for CORI6-1726Allows a finding of not guilty by reason of insanity to appear as a conviction for CORI purposes. text»
CORIWaive CORI fee for Veteran's organization6 --172A7Waives the CORI fee for veterans organizations requesting information about employees, volunteers and veterans organizations that provide housing. text»
CORILicensing authorities to list disqualifying crimes6 --172N8Creates 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»
CrimesStanding forensic science commission6 --184A9Creates 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»
DataMandate EOPSS to set data standards6A --18 3/410Requires 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»
CORICORI resource booklet6A --18 3/410Creates a resource booklet to be given to adult and juvenile offenders upon release regarding CORI rights and FAQs text»
Sexual Assault Victim AssistanceStatewide sexual assault evidence kit tracking system6A --18W11Creates a statewide sexual assault evidence kit tracking system under EOPSS with the support of law enforcement, hospitals and other relevant agencies. text»
NIBRSRequire NIBRS Arrest data to be publicly available7D --312Requires NIBRS arrest data to be publicly available through the Massachusetts open data portal, excluding personally identifiable information text»
DataConsolidated data oversight board7D --1113Establishes 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 StructureCreate Municipal Police Training Fund10 -- 35EEE14Creates a Municipal Police Training Fund. text»
Fees and FinesDeposit human trafficking fines to Human Trafficking Fund10 -- 66A15Deposit human trafficking fines to Human Trafficking Fund text»
DiversionDiversion by DA's for Selected Groups12 --3416Requires 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 JusticeTask force for trauma informed juvenile care18C --1417Creates 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»
DataTransmit dispositions, sealing, expungment22C --3618Requires 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 DatabaseShorten collection time line (forthwith on conviction)22E --319DNA 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 DatabaseProbation officer role in collection22E --420DNA 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 DatabaseProbation officer role in collection22E --421DNA Database: Adds probation officers to the list of individuals authorized to use reasonable force to collect a DNA sample. text»
DNA DatabaseTechnical language on collection kits22E --522DNA 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 DatabaseAdjust penalty language to address House forthwith22E --1123DNA 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 AssistanceHospitals to forward rape kits41 --97B1/224Requires 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»
CORIExclude juvenile arrests from published police logs41 --98F25Removes entries concerning juvenile arrests from the public daily police log text»
CORIExclude juvenile arrests from published police logs41 --98F26Removes entries concerning juvenile arrests from the public daily police log text»
DecriminalizationSchool Resource officer procedures71 --37P27Outlines 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 EnforcementOUI fumes disqualifies for bus driver90 --8A28Vapors 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 EnforcementOUI fumes disqualifies for bus driver90 --8A 1/229Vapors 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 EnforcementArrest without warrant includes OUI fumes90 --2130Vapors of Glue: Provides for arrest without a warrant of a person operating under the influence of fumes releasing toxic vapors. text»
RMVEliminate license suspension on court default90 --2231Eliminates license suspension as an additional penalty for arrest and default warrants text»
OUI EnforcementOUI fumes90 --2432Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the definition of OUI. text»
OUI EnforcementAdd penalties for over 5 drunk driving offenses90 --2433Provides a sentencing scheme and enhanced penalties for sixth, seventh, eighth, and ninth or subsequent offenses for OUI. text»
OUI EnforcementOUI Fumes90 --24D34Ignition Interlock Device: Provides for probation of persons convicted of operating under the influence of the fumes releasing toxic vapors. text»
Fees and FinesAllows the court to waive the OUI program surcharge90 --24D35, 36Allows 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»
CrimesAdd additional penalty for reckless MV homicide90 --24G37Rewrites 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 EnforcementOUI Fumes90 --24L38Vapors 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 EnforcementTechnical -- route reports to House and Senate Clerks90 --24W39Requires that reports relative to the Operating Under the Influence Deterrent Trust Fund be submitted to the legislative Clerks. text»
OUI EnforcementOUI Fumes90B --840Vapors of Glue: Adds operating under the influence of fumes releasing toxic vapors to the concept of operating a vessel under the influence. text»
OUI EnforcementOUI Fumes90B --8A41Vapors 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 EnforcementOUI Fumes90B --8A42Vapors 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 EnforcementOUI Fumes90B --8B43Vapors 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 EnforcementOUI Fumes90B --26A44Vapors 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 minimumsMove fentanyl and similar substances into class A94C --3145Adds fentanyl and named like substances and other synthetic opioids scheduled in federal Schedules I and II not otherwise classified to Class A. text»
Mandatory minimumsMove fentanyl out of class B94C --3146Removes acetyl fentanyl and fentanyl from Class B. text»
Mandatory minimumsRepeal retail mandatory minimums94C -- 32-32B47Repeals mandatory minimum for some retail drug offenses. text»
Mandatory minimumsRepeal retail mandatory minimums94C --32C48Repeals mandatory minimum for some retail drug offenses. text»
Mandatory minimumsAdd fentanyl variations to Heroin mandatory94C --32E49Adds fentanyl and like substances to the sentencing scheme for heroin trafficking. text»
Mandatory minimumsRewrites fentanyl trafficking section.94C --32E50Creates 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 minimumsAdd new carfentanil mandatory94C --32E51Sets a new mandatory minimum sentence of 3.5 years for trafficking any amount of carfentanil with knowledge. text»
Mandatory minimumsAdjust language of mandatory inventory to reflect changes94C --32H52, 53, 54Updates Section 32H references in light of the repeals of mandatory minimum sentences in previous sections. text»
Mandatory minimumsEliminate quasi-mandatory for paraphernalia94C --32I55Repeals mandatory minimums for drug paraphernalia text»
Mandatory minimumsEliminate quasi-mandatory fines for paraphernalia (500)94C --32I56Repeals mandatory minimum fines for drug paraphernalia text»
Mandatory minimumsRepeal School Zone penalties94C --32J57Amends School Zone penalties to apply only in limited circumstances text»
DecriminalizationExtend good samaritan protection to probationers94C --34A58Prevents 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»
DecriminalizationExtend good samaritan protection to probationers94C --34A59Prevents 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»
DecriminalizationRepeal offense of being in presence of heroin94C --3560Repeals the crime of being in the presence of heroin. text»
CrimesAsset forfeiture reporting94C --4761Creates asset forfeiture reporting requirements. text»
DiversionAdd definition of addiction specialist111E --162Drug Diversion: Expands the types of evaluators authorized to determine drug diversion eligibility programs. text»
DiversionAdd definition of independent addiction specialist111E --163Drug Diversion: Defines "independent addiction specialist" for purposes of drug diversion. text»
DiversionAllow eval by addiction specialist instead of physician111E --1064Drug 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»
DiversionAllow eval by addiction specialist instead of physician111E --1065Drug 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»
DiversionAllow use of addiction specialist instead of physician111E --1066Drug 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»
DiversionAllow use of addiction specialist instead of physician111E --1067Drug 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»
DiversionAllow use of addiction specialist instead of physician111E --1168Drug 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»
DiversionAllow use of addiction specialist instead of physician111E --1169, 70Drug 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»
DiversionAllow use of addiction specialist instead of physician111E --13A71Drug 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 justiceDefine juvenile delinquency to exclude civil119 -- 5272Raises 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 AgeRaise low end of juvenile range119 --5473Raises the age of juvenile court jurisdiction in the context of juvenile court complaints at the lower end from 7 to 12. text»
DataRequire OBTN for juvenile felony arrests119 --5474Requires complaints submitted to the juvenile court to be accompanied by an offense-based tracking number. text»
Juvenile DiversionAdd explicit authority to divert juveniles before arraignment119 --54A75Juvenile Diversion: Makes diversion available for juveniles on terms similar to adults under c. 276A text»
Raising the AgeRaise low end of juvenile range119 --6776Raises 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 JusticeRevise juvenile lock-up protections119 --6776Rewrites the juvenile lockup statute and requires notice of arrest to DCF of children within its care and custody. text»
Raising the AgeRaise low end of juvenile range119 --6877Raises 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 AgeRaise low end of juvenile range119 --68A78Raises 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 AgeRaise low end of juvenile range119 --8479Raises 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 JusticeLimit use of shackling on juveniles119 -- 86 (new)80Prevents 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, DiversionLimit confinement of juveniles with adults119 -- 87 (new)80Prevents 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, DiversionAllow participation of juveniles in restorative justice119 -- 88 (new)80Allows a child against whom a complaint is brought under Chapter 119 to participate in a community-based restorative justice program. text»
DataJuvenile Justice Commission and data specifications119 -- 89 (new)80Creates a juvenile justice policy and data board. text»
RMVRequire that license not be suspended if not have address119A --1681Prevents 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 JusticeProhibition on involuntary room confinement for juveniles120 --10B82Prevents the use of involuntary room confinement in the department of youth services as punishment text»
Technical changeRedefine "state prison"125 --12783Broadens 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»
DataSet data recording requirements for HOC126 --4084Sets data recording requirements for the Houses of Correction. text»
Restrictive HousingDefinitions of restricted housing concepts127 --185, 86, 87Provides definitions for "Disciplinary restrictive housing," "Exigent circumstances," "Placement review," "Serious mental illness," and "Restrictive Housing" text»
Restrictive HousingRepeal archaic recordkeeping127 --488Repeals now defunct provisions on isolation and related reporting text»
Prison programmingRequire screening for substance abuse127 --1689Requires anyone sentenced to 30 days or more to be screened for substance use disorder by a qualified addiction specialist. text»
DataSpecify DOC tracking #'s (SID Senate, PCF House)127 --28/2390Requires 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 programmingTreat prisoners according to their gender identity127 --32A91Provides transgender prisoners the right to be treated and addressed according to their gender identity text»
Prison programmingPrisons should not eliminate in-person visitation127 --36C92Ensures 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 Housing39: Conditions of restrictive housing127 -- Old: 39, 39A93Requires specified privileges and conditions for those housed in restrictive housing. text»
Restrictive Housing39A, B: Admission and release from restrictive housing127 -- Old: 39, 39A93Assures 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 Housing39C: Officer training127 -- Old: 39, 39A93Requires the commissioner to promulgate regulations governing officer training text»
Restrictive Housing39D: Data for monitoring127 -- Old: 39, 39A93Creates restrictive housing data reporting requirements text»
Restrictive Housing39E: Programming for inmates in solitary127 -- Old: 39, 39A93Provides 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 Housing39F: Preparation for release127 -- Old: 39, 39A93Requires the department to establish policies and programming to prepare prisoners for release text»
Restrictive Housing39G: Oversight Commission127 -- Old: 39, 39A93Establishes a restrictive housing oversight committee to gather information regarding the use of segregation text»
Restrictive Housing39H: Commissioner to promulgate regulations127 -- Old: 39, 39A93Requires the Commissioner to promulgate restrictive housing regulations text»
Restrictive HousingRepeal archaic confinement language127 --40, 4194Repeals now defunct provisions on confinement to isolation units text»
Prison programmingAvailability of GED Programming127 -- 4895Requires 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 programmingCreation of youth units and officers127 -- 48B96Permits 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 MedicalExtraordinary medical release127 --119A97Allows medical release of prisoners who are incapacitated and pose no public safety risk- with review by the commissioner text»
Juvenile JusticeAccess to appointed counsel for juvenile lifers127 --133A98Provides 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 FinesTriple rate at which fines are worked off127 --14499Triples the rate at which fines are worked off by incarceration from $30/day to $90/day text»
Fees and FinesProcedural protections for fine time127 --145100Establishes procedural protections for ÒFine TimeÓ text»
DefinitionsAlcohol good samaritan for youth definition138 --1101Defines "alcohol-related incapacitation" text»
CrimesAlcohol good samaritan for youth138 --34E102Provides 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»
CORI3/5 misdemanor in employment context151B -- 4103Makes 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»
CORI3/5 misdemanor in employment context151B -- 4103Makes 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»
CORINot inquire about sealed or expunged151B -- 4104Makes 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 FinesMake batterer's program fees waivable209A --10105Allows 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»
DataCourts to send OBTN for dispos, sealing, etc.211B --22106Requires 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 FinesEliminate indigent counsel fee for juveniles211D --2A107Ensures that no person under the age of 18 is assessed an indigency counsel fee. text»
DataIndictments for felony arrest to include OBTN212 --7108Requires offense-based tracking numbers and fingerprint-based state IDs to accompany felony indictments text»
CrimesDistrict court jurisdiction for conspiracy and solicitation218 -- 26109Clarifies that the District Court and Boston Municipal Court have original jurisdiction concurrent with the Superior Court over witness intimidation. text»
CrimesDistrict court jurisdiction for intimidation218 -- 26109Clarifies 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»
DataComplaints to include OBTN218 --32A110Requires that an application for a criminal complaint be accompanied by an offense-based tracking number. text»
Juvenile JusticeParental privilege233 --20111Prohibits a parent from testifying against the parent's minor child and a minor child from testifying against the child's parent text»
Fees and FinesStandard waiver language for court assessments258B --8112Standardizes 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 CompensationWaives timely V-W police reporting for juveniles258C --2113Excludes victims under the age of 18 years of age from the 5 day reporting deadline text»
Victim CompensationVictims conduct may, rather than shall reduce VW award258C --2114Provides 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 CompensationAllow burial costs of V to be covered in VW award258C --2115Provides 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 convictionPermits preliminary relief258D --1116Permits preliminary relief and services if there is a substantial likelihood that a person will succeed text»
Wrongful convictionEnsures that claimants receive expedited speedy trial258D --3117Ensures that claimants receive expedited discovery and a speedy trial text»
Wrongful convictionCourt may order services258D --5118Permits the court to require, as part of its judgment, that the commonwealth provide reasonable and necessary services to the claimant text»
Wrongful convictionIncreases the current $500,000 cap to $2m258D --5119Increases the current $500,000 cap for those seeking compensation for wrongful convictions to $1,000,000 text»
Wrongful convictionPreliminary order for services258D --5120Requires the court to enter a preliminary order that the commonwealth provide reasonable and necessary services to the claimant text»
Wrongful convictionAttorneys fees for claimaints258D --6121Provides that a prevailing claimant shall have the right to an award of the costs of litigation and attorney's fees text»
Wrongful convictionExpunge/seal in settlement258D --7122Provides that a settlement agreement include a stipulation or agreement to an expungement or sealing order to be entered by the court text»
Wrongful convictionSOL from 2 to 3 years258D --8123Increases the statute of limitations from 3 years to 2 years text»
Wrongful convictionNo longer allow 1 year extension (since SOL extended)258D --9124Amends the procedures available for a person who is wrongfully convicted to seek compensation from the Commonwealth text»
DataFingerprinting -- accelerated but not expanded263 --1A125Requires fingerprinting upon felony arrest text»
CrimesExpand definition of critical witness263A --1126Expands the definition of critical witness. text»
CrimesCorporate Manslaughter penalty enhancement265 --13127Sets penalties for corporate manslaughter of not more than $250,000 text»
CrimesABPO with serious injury265 --13D128Provides 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 FinesStandardize waiver language for sex offender GPS fee265 --47129Standardizes 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 FinesDirect enticement fines to trafficking fund265 --54130Requires 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»
CrimesMake trafficking victim defense available for "resorting"265 --57131Allows 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»
CrimesVacatur of prostitution convictions for trafficking victims265 --59132Allows 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 FinesStandardize waiver language for MV restitution266 --27A133Allows 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»
RMVNo loss of license for malicious MV damage266 --28134Allows that a conviction or adjudication for malicious damage to a motor vehicle or trailer shall not result in loss of license. text»
Fees and FinesStandardize waiver language for MV restitution266 --29135Allows 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 LarcenyIncrease larceny threshold266 --30136Raises the threshold for felony larceny to $250 from $1,200. text»
Felony LarcenyAdjust penalties for lower larcenies266 --30137Omits language relating to common carriers in the context of larceny. text»
Felony LarcenyAllow warrantless arrest for larcenies over $250266 --30138Allows for probable-cause-based arrests without a warrant for larceny involving property over $250. text»
Felony LarcenyRaise boundary btw shoplifiting and larceny to $250266 --30A139Raises the shoplifting threshold to $250. text»
Felony LarcenyStealing credit card number same as stealing card266 --37A140Updates the definition of credit card in the context of misuse/fraud of credit cards text»
Felony LarcenyIncrease larceny threshold266 --37B141Raises the threshold for felony credit card misuse from $250 to $1,200. text»
Felony LarcenyIncrease fines for credit card violation266 --37B142Increases the max fine penalty for credit card misuse/fraud from $500 to $2,500 text»
Felony LarcenyIncrease larceny threshold266 --37C143Raises the threshold for felony credit card fraud from $250 to $1,200. text»
Felony LarcenyIncrease fines for credit card violation266 --37C144Increases fine penalty for credit card misuse/fraud from $2000 to $10,000 text»
CrimesNew crime -- unlawful possession of credit card scanner266 --37E145Creates 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 LarcenyIncrease threshold for receiving stolen goods266 --60146Raises the dollar threshold for felony receipt of stolen property from $250 to $1200. text»
Felony LarcenyIncrease fines for receiving stolen goods266 --60147Raises 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 LarcenyAllow warrantless arrest for RSG over $250266 --60148Allows for probable-cause-based arrests without a warrant for receipt of stolen property over $250 text»
Fees and FinesWaivability of restitution in crimes against vessels266 --108149Allows 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 FinesWaivability of restitution in crimes against vessels266 --108150Permits 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 FinesWaivability of restitution in MV insurance fraud266 --111B151Permits 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»
RMVRemove license suspension for vandalism266 --126A152Removes the penalty of license suspension from the offense of vandalism. text»
RMVRemove license suspension for tagging266 --126B153Removes the penalty of license suspension from the offense of tagging (graffiti). text»
Felony LarcenyIncrease thresholds for malicious damage266 --127154Raises 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»
CrimesStrengthen witness intimidation statute268 --13B155Expands the scope of what constitutes witness intimidation text»
CrimesExpand crime of providing false info to PO268 --34A156Expands 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»
CrimesOUI Fumes (firearms)269 --10H157Vapors 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 FinesWaivability of restitution in Excess 911 Calls269 --14B158Requires 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 JusticeDecriminalizes disturbing a school assembly.272 --40159Decriminalizes disturbing a school assembly. text»
Juvenile JusticeDecriminalizes first yourth disorderly and school disorderly272 --53160Decriminalizes first offense disorderly for juveniles text»
FinancingTransfer fines from human trafficking to victim trust fund272 --107161Requires fines from human trafficking to be deposited into the Victims of Human Trafficking Trust Fund text»
CrimesDefine crime of solicitation of Felony274 --8162Establishes the crime of solicitation of a felony text»
Fees and FinesStandardize waiver language for defaults276 --30163Standardizes 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 FinesStandardize waiver language for defaults276 --30164Standardizes 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 FinesStandardize waiver language for fine defaults276 --31165Permits 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 reformBail reform276 --57, 58, 59166, 167, 168, 169, 170, 171, 172, 177Amends 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 reformBail reform276 --58A174Allows for dangerousness hearing for charge of a third or subsequent OUI text»
Bail reformCommunity corrections in lieu of bail276 --58A175Permits the court to order participation in a community corrections program as a condition of release text»
Bail reformBail reform276 --58A176Provides 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 reformBail reform276 --59177Repeals the statute governing admission to bail by master in chancery text»
Bail reformBail reform276 --61A178Repeals the statute governing disposition or encumbrance of real estate of bail or surety. text»
Bail reformBail reform276 --61B179Prohibits a person from being compensated for proposing to become bail or surety. text»
DecriminalizationUse of prescription drugs not a probation violation276 --87A180Prohibits probation violations on the basis of using properly prescribed medications. text»
Fees and FinesExplicitly allow probation fee waiver for returning citizens276 --87A181Provides 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 FinesStandardize probation fee waiver language276 --87A182Permits 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»
CrimesAllow appointment of youth probation officers276 --89B183Provides that probation may designate officers to exclusively supervise those between 18 to 24 years old. text»
Fees and FinesStandardize Waiver language in MV restitution276 --92A184Permits 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 reformPre-trial services276 --99G185Establishes the office of pretrial services which shall develop programs to minimize unnecessary pretrial detention and notify defendants of court appearance obligations text»
CORIMisdemeanor sealing 5/3276 --100A186Allows for the sealing of misdemeanor cases after 3 (rather than 5) years have expired. text»
CORIFelony sealing 10/7276 --100A187Allows for the sealing of felony offenses after 7 (rather than 10) years have expired. text»
CORISeal resisting arrest276 --100A188Allows for the sealing of convictions for resisting arrest. text»
CORISealed records not to be used for housing apps, etc.276 --100A189, 190, 191, 192Clarifies 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»
CORIModifies repeated notification sentence -- same as in 100A276 --100C193Clarifies 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»
CORIModifies repeated notification sentence -- same as in 100A276 --100C194Clarifies 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»
CORIExpand expungement for youth/juveniles and in error cases276 --100E-100U195Defines 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»
DiversionRemove probation certification requirement276A --1196Removes the requirement that the Massachusetts Probation Service certify or approve diversion programs. text»
DiversionRemove age limits on diversion276A --2197Removes the existing age requirements (ages 18-22) for diversion text»
DiversionLimit divertible offenses276A --4198Excludes specified offenses from being eligible for diversion. text»
DiversionAllow victims to make recommendations re diversion276A --5199Allows victims to make recommendations relative to diversion. text»
DiversionRepeal certification requirements sections276A -- 8, 9200Repeals the sections of the General Laws requiring the certification of diversion programs by the Massachusetts Probation Service. text»
DiversionClarify that no limit on DA ability to divert276A --12201Clarifies that the diversion and restorative justice chapters do not limit the ability of the DA or the police to divert. text»
DiversionRestorative Justice276B --202Establishes 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»
DiversionUpdates to list of offenses convertible to civil or divertible277 --70C203Removes chapter 119 from the list of offenses that cannot be treated as a civil infraction or diverted. text»
DiversionUpdates to list of offenses convertible to civil or divertible277 --70C204Adds section 25 of chapter 266 to the list of offenses that cannot be converted to a civil infraction or diverted. text»
DiversionUpdates to list of offenses convertible to civil or divertible277 --70C205Rewrites the list of offenses that cannot be converted to a civil infraction or diverted. text»
Fees and FinesNotice to defendant of fine rights upon sentencing279 --1206Requires court to provide specified information to a person sentenced to pay a fine or assessed fees at disposition of a case. text»
DiversionWritten findings if incarcerating a primary caretaker279 --6B207Requires a judge to make written findings before incarcerating a primary caretaker who has submitted a motion supported by affidavit. text»
Fees and FinesStandardize waiver of special cost assessments280 --6A208Standardizes the standard for the waiver of special cost assessments. text»
Fees and FinesStandardize waiver of special cost assessments280 --6B209Standardizes the standard for the waiver of special cost assessments. text»
Fees and FinesParole feesChapter 26 of the acts of 2003 --368210, 211, 212, 213Eliminates parole fees for the first six months someone is on parole and standardizes the waiver standard for parole fees thereafter. text»
Sexual Assault Victim AssistanceSexual assault evidence kit backlog214Requires the sexual assault evidence kit backlog tobe addressed within 180 days of the act. text»
Sexual Assault Victim AssistanceEffective date for policies relative to victim contact and notification concerning sexual assault evidence kits, and victims'' rights215Establishes 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 AssistanceRequires sexual assault kit tracking system task force to identify specified funding sources.216Requires sexual assault kit tracking system task force to identify specified funding sources. text»
Fees and FinesNew special fees and fines commission217Establishes a special commission to study the ability of a defendant to pay finesa nd fees. text»
Prison programmingLGBTQ prisoner health commision218Establishes a special commission to study the health and safety of lesbian, gay, bisexual, transgender, queer, and intersex prisoners. text»
Prison programmingCorrectional Officer Suicide Task Force219Establishes a special commission to study the prevention of suicide among correctional officers. text»
Bail ReformBail Reform Commission220Establishes a special commission to study bail reform. text»
Raising the AgeTask force to study treatment/impact of emerging adults in the court and correctional system.221Creates a task force to study treatment/impact of emerging adults in the court and correctional system. text»
Elder AffairsReport on elder protection laws222Requires 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 WomenPanel on justice involved women223Creates a panel on justice-involved women. text»
Prison programmingStudy on long distance prison phone costs224Requires the Department of Correction and the Department of Telecommunications and Cable to study the cost of prisoner phone services. text»
DiversionMiddlesex County restoration center commission225Creates a Middlesex restoration center commission. text»
CrimesCommission on qualifications of SDP practitioners226Establishes a special commission to review the qualifications and scope of practice of qualified examiners of sexually dangerous persons. text»
CORIWaiver from fingerprint-based ID requirements.227Allows 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 AssistanceEffective dates for sexual assault evidence kit tracking system228Allows for a phased implementation schedule of the sexual assault evidence kit tracking system and sets deadlines for participation by various stakeholders. text»
Juvenile JusticeDeadline for appointments to juvenile justice policy and data board229Requires 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 HousingDeadline for restrictive housing regulations230Requires that new restrictive housing regulations be promulgated not later than 12/31/18. text»
DiversionRestorative Justice231Requires 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 datesSets effective date at 90 days.232Sets effective date at 90 days from enactment of certain sections of the bill. text»
CORIEffective data for fingerprint changes233Makes fingerprint-based ID changes effective July 1, 2019. text»
DNA DatabaseEffective date for DNA database penalties234Makes 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 DatabaseTransition rules for penalties for failure to provide DNA235Makes 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 HousingEffective date for new restrictive housing procedures, other new corrections requirements, and requirement for separate juvenile police logs236Makes new restrictive housing procedures, other new requirements for corrections, and requirement for separate juvenile police logs effective December 31, 2018. text»
Mandatory minimumsEffective date for fentanyl and carfentanyl trafficking237Makes 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 minimumsEffective date for repeal of mandatory minimums for low-level drug offenses238Makes 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»
CORIDelay most CORI changes by 6 mos239Makes most CORI-related changes, including new expungement section, effective 6 months after the effective date of the Act. text»
Garden of PeaceGarden of Peace Trust Fund10 -- 35FFF1Establishes the Garden of Peace Trust Fund (Separate bill)
Garden of PeaceVictim Witness board to manage Garden of Peace258B -- 42Provides that the Victim Witness Board assume the management and administration of the Garden of Peace (Separate bill)

Make a Comment

Your email address will not be published.

You can make the comment area bigger by pulling the arrow. If you are techie, you can use basic HTML tags and attributes to format your comment.

(required)

    {"widget_type":"comment_query","include_string":254535,"exclude_string":"","page":0,"query_type":"","supplemental_filter":""}

    Looking for something you can’t find?

    Please don’t hesitate to contact us directly for assistance!

    Powered by open source software: LAMP, WordPress, Plugins include: Akismet, TablePress, Yet Another Related Posts Plugin. Graphic Design by Jane Winsor. Development of Responsive Tabs Theme by Will Brownsberger. Hosted by Inmotion Hosting. Hosting paid for by the Brownsberger Commitee.

    Welcome!

    WillBrownsberger.com is a conversation:

    • You can comment on any post this site.
    • You can post your own new subjects on this site.
    • You do not need a password.
    • I absolutely depend on your feedback.

    You can subscribe at this link for occasional email news from this site

    Will Brownsberger
    State Senator
    2d Suffolk and Middlesex District