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An Act to amend the foreclosure statute to require judicial foreclosure

S912

SD1933

{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-20T10:47:06.617'}

[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-20T10:47:06.6166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T12:47:50.6633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S912/DocumentHistoryActions

Bill

By Mr. Brady, a petition (accompanied by bill, Senate, No. 912) of Michael D. Brady and David Henry Argosky LeBoeuf for legislation to amend the foreclosure statute to require judicial foreclosure. The Judiciary.

Chapter 244 is hereby amended by inserting after Section 1 the following section:- Section 2: Foreclosure by Action: All foreclosures of residential mortgages on 1-6 family owner-occupied properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the Superior Court for the county or district in which the property is located. In addition to applicable rule, if service is not effected in hand, then it must be effected by both posting and mailing. A defendant-residential mortgagor may raise all jurisdictional, legal and equitable claims and defenses against the mortgagee or any predecessor in interest, assignee, agent or any person or entity acting on behalf of such mortgagee. The court shall have the authority to rescind or modify the mortgage including enforcement of sections 102 and 103 of Chapter 93, Chapter 151B, section 64 of Chapter 183, Chapter 183C and applicable regulatory requirements, recognize the voidness of any acts where applicable, or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or any legal occupants residing in the property that is the subject of the complaint. The court may set aside a default judgment for good cause shown and shall proceed in compliance with section 27A-G of chapter 261. The court shall record in the appropriate registry of deeds, at not cost to the court, a copy of any decision recognizing and fact (s) establishing the voidness of any previous act(s) of the person selling, predecessors in interest or assignors transferors.

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An Act relative to archaic laws

S913

SD203

{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T11:19:00.14'}

[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T11:19:00.14'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-28T13:01:56.0266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-28T13:01:56.0266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-28T13:01:56.0266667'}]

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Bill

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 913) of William N. Brownsberger for legislation relative to archaic laws. The Judiciary.

SECTION 1. Chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 76. (a) There shall be a permanent law revision commission to consist of: the house and senate chairs of the joint committee on the judiciary, who shall serve as co-chairs; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the chief justice of the appeals court or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the senate minority leader and 1 of whom shall be appointed by the house minority leader; 1 person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the committee for public counsel services; and 6 persons appointed by the governor, 4 of whom shall be faculty members of accredited law schools in the commonwealth and 2 of whom shall be admitted to practice law in the commonwealth. (b) The counsel to the senate and the counsel to the house of representatives shall jointly provide personnel necessary to coordinate the activities of the commission and assist the commission in drafting legislative proposals, as requested. (c) The appointed members of the commission shall serve staggered 4-year terms. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. (d) The commission shall: (i) examine the common law and statutes of the commonwealth and judicial decisions for the purpose of identifying defects and anachronisms in the law and recommending needed reforms; (ii) receive and consider proposed changes in the law recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, any bar association and any other learned body; (iii) receive and consider suggestions as to defects and anachronisms in the law from judges, justices, public officials, lawyers and the public; (iv) recommend changes in the law that the commission considers necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law into harmony with modern conditions; (v) recommend the express repeal of statutes repealed by implication or held unconstitutional by a state or federal court; (vi) evaluate and make recommendations on the consolidation of session laws into the general laws; and (vii) make recommendations to improve the openness and accessibility of state laws, including the use of open-source software tools. (e) The commission shall meet not less than 4 times annually. At the close of each regular session of the general court, the commission shall submit a report of its findings and recommendations, including drafts of any proposed legislation, to the clerks of the house of representatives and senate and the joint committee on the judiciary. The commission may also submit other recommendations and legislative proposals to the joint committee on the judiciary. SECTION 2. Section 20B of chapter 127, as so appearing, is hereby amended by striking out, in line 41, the words “, 34 or 35”. SECTION 3. Section 49 of said chapter 127, as so appearing, is hereby amended by striking out, in line 11, the words “,34, or 35,”. SECTION 4. Section 49B of said chapter 127, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”. SECTION 5. Section 49C of said chapter 127, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”. SECTION 6. Section 143 of said chapter 127 is hereby repealed. SECTION 7. Section 34 of chapter 272 of the General Laws is hereby repealed. SECTION 8. Said chapter 272 is hereby further amended by striking out section 35, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 35. Whoever commits a lewd and lascivious act with another person in public, with the intent of public exposure or with reckless disregard of substantial risk of public exposure, shall be punished by a fine of not more than $200, by imprisonment in a jail or house of correction for not more than 6 months or by both such fine and imprisonment. SECTION 9. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “Common night walkers, common street walkers, both male and female, persons” and inserting in place thereof the following word:- Persons. SECTION 10. Section 62 of said chapter 272 is hereby repealed. SECTION 11. Section 57 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section thirty-four or thirty-five of chapter two hundred and seventy-two,”. SECTION 12. Section 45 of chapter 277 of the General Laws is hereby repealed. SECTION 13. Section 63 of said chapter 277, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 29, the figures “, 34, 35”. SECTION 14. Section 79 of said chapter 277, as so appearing, is hereby amended by striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap. 272, Sec. 34.)—That A.B. did commit the abominable and detestable crime against nature with a (state the person or beast).”. SECTION 15. Said section 79 of said chapter 277, as so appearing, is hereby further amended by striking out, in lines 444 and 445, the words “Unnatural act. (Under Chap. 272, Sec. 35.)—That A.B. did commit an unnatural and lascivious act with one C.D.”. SECTION 16. The initial terms of the first members of the law revision commission shall be staggered so that 4 members serve terms of 4 years, 3 members serve terms of 3 years, and 3 members serve terms of 2 years.

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

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An Act relative to the addition of sex and gender as a protected class category for crime prosecutions

S914

SD1189

{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:28:46.413'}

[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:28:46.4133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S914/DocumentHistoryActions

Bill

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 914) of William N. Brownsberger for legislation relative to the addition of sex and gender as a protected class category for crime prosecutions. The Judiciary.

Section 39 of chapter 265 of the General Laws is hereby amended in subsection (a) by inserting after the words “national origin,” the following words:- sex, gender,

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An Act related to indigency

S915

SD1241

{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T11:54:45.05'}

[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T11:54:45.05'}]

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Bill

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 915) of William N. Brownsberger for legislation relative to indigency. The Judiciary.

SECTION 1. Section 27A of chapter 261 is hereby amended by striking out the definition of “indigent” and inserting in place thereof the following: ''Indigent'', (a) a person who receives one of the following types of public assistance: transitional aid to families with dependent children, emergency aid to elderly, disabled and children, supplemental nutrition assistance program benefits, refugee cash assistance, need-based veterans' benefits, Medicaid, supplemental security income or supplemental security income state supplemental program benefits; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty guidelines established annually by the Department of Health and Human Services pursuant to Section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which he is involved or is unable to do so without depriving himself or his dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures set forth in section 29 and the court finds that the inmate is incapable of making payments under the plans set forth in said section 29. SECTION 2. Section 2A of chapter 211D is hereby amended by striking out the second paragraph of section 2A (c) and inserting in place thereof the following:- At any time the court receives information causing its determination of a person’s indigency status to be in doubt, the court shall order the chief probation officer or the officer's designee to reassess the financial circumstances of the person to ensure that the person meets the definition of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a written report certifying that the person meets, or does not meet, the definition of indigency. SECTION 3. Said chapter 211D is further amended in section 2A (d) by striking the following: ", other than the bi-annual reassessments required by the defendant’s representation for the first offense," SECTION 4. Said chapter 211D is further amended by striking out section 2A (f), (g), (h) and (i).

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An Act relative to governmental and charitable tort liability

S916

SD1532

{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:45:49.487'}

[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:45:49.4866667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-26T14:54:06.2666667'}]

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Bill

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 916) of William N. Brownsberger and Joan B. Lovely for legislation relative to governmental and charitable tort liability. The Judiciary.

SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the words “shall not exceed the sum of $100,000, exclusive of interests and costs” the following:- “provided, however, that all claims of sexual abuse of a minor, as defined in section 4C of chapter 260, shall not be subject to a limitation on damages” SECTION 2. Section 2 of chapter 258 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “the Massachusetts Bay Transportation Authority shall not be subject to a $100,000 limitation on compensatory damages” the following:- “; provided further that all claims of sexual abuse of a minor, as defined in section 4C of chapter 260, shall not be subject to a $100,000 limitation on damages” SECTION 3. Subsection (j) of section 10 of said chapter 258 is hereby amended by inserting, after paragraph (4), the following paragraph:- “(5) any claim of sexual abuse of a minor, as defined in section 4C of chapter 260, by a public employee or contractor.”

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An Act relative to advertising for justices of the peace

S917

SD1988

{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-20T11:17:10.547'}

[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-20T11:17:10.5466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S917/DocumentHistoryActions

Bill

By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 917) of William N. Brownsberger for legislation relative to advertising for justices of the peace. The Judiciary.

SECTION 1. Section 58 of chapter 207 of the 2020 official edition is hereby amended by inserting after the words “advertise his” the following:- “or her”; And further, by inserting after the words “telephone number,” the following:- “email address,”; And further, by striking the words “newspaper, magazine, telephone directory or other publication of general circulation” and replacing it with the following:- “printed or digital public media, such as a telephone directory, electronic or computer accessed justice of the peace directory, newspaper or other periodical, or through written, electronic, computer-accessed or similar types of communication, including websites, social media platforms, and digital video platforms”; And further, by striking the following:- “, that if a justice of the peace uses a business card”.

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An Act relative to due process

S918

SD1938

{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:59:36.477'}

[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:59:36.4766667'}]

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Bill

By Mr. Collins, a petition (accompanied by bill, Senate, No. 918) of Nick Collins for legislation relative to due process. The Judiciary.

Chapter 6E of the General Laws is amended by adding the following sentence after the second sentence in sec.10(f): “For all decisions of the Commission resulting in suspensions in excess of 2 weeks or decertification, the CH.30A appeal shall include a de novo review.”

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An Act relative to the statute of limitations in rape, assault and human trafficking crimes

S919

SD2275

{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T14:39:19.987'}

[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T14:39:19.9866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S919/DocumentHistoryActions

Bill

By Mr. Collins, a petition (accompanied by bill, Senate, No. 919) of Nick Collins for legislation relative to the statute of limitations in rape, assault and human trafficking crimes. The Judiciary.

Section 63 of chapter 277 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 16, the figure “15” and inserting in place thereof the following figure:- "30."

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An Act relative to child fatality review

S92

SD1084

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:47:09.337'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:47:09.3366667'}]

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Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 92) of Adam Gomez for legislation relative to child fatality review. Children, Families and Persons with Disabilities.

SECTION 1: Chapter 18C of the General Laws is hereby amended by adding the following section: Section 15: (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: “Child”, a person under the age of 18. “Fatality”, a death of a child. “Local team”, a local child fatality review team established in subsection (c). “Near fatality”, an act that, as certified by a physician, places a child in serious or critical condition. “State team”, the state child fatality review team established in subsection (b). “Team”, the state or a local team. “Office”, the office of the child advocate. (b) There shall be a state child fatality review team within the office. Notwithstanding section 172 of chapter 6, members of the state team shall be subject to criminal offender record checks to be conducted by the colonel of state police on behalf of the child advocate. All members shall serve without compensation for their duties associated with membership on the state team. The state team shall consist of not less than: (i) the child advocate, or designee, who shall serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the commissioner of children and families, or designee; (vi) the commissioner of elementary and secondary education, or designee; (vii) a representative selected by the Massachusetts District Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the commissioner of early education and care, or designee; (xiv) a representative selected by the Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or by majority vote of the members of the state team, with expertise or information relevant to an individual case. The purpose of the state team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence of child fatalities and near fatalities; and (2) advising the governor, the general court and the public by recommending changes in law, policy and practice to prevent child fatalities and near fatalities. The state team may consult with the chief justice of the juvenile court department of the trial court of the commonwealth on issues with a direct bearing upon the business of the Massachusetts courts. To achieve its purpose, the state team shall: (i) develop model investigative and data collection protocols for local teams; (ii) provide information to local teams and law enforcement agencies for the purpose of protecting children; (iii) provide training and written materials to local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v) study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi) analyze community, public and private agency involvement with the children and their families prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of data regarding fatalities and near fatalities and provide training to local teams on the protocol; (viii) develop and implement rules and procedures necessary for its own operation; and (ix) provide the governor, the general court and the public with annual written reports, subject to confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and recommendations. (c) There shall be a local child fatality review team in each district established under section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team shall be subject to criminal offender record checks to be conducted by the district attorney. All members shall serve without compensation for their duties associated with membership on a local team. Each local team shall include, but not be limited to: (i) the district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a local police officer from a municipality where a child fatality or near fatality occurred, appointed by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from the department of public health (ix) at least one representative from the office of the child advocate; and (x) any other person with expertise or information relevant to an individual case who may attend meetings, on an ad hoc basis, by agreement of the permanent members of each local team; provided that such person may include, but shall not be limited to, a local or state law enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee of the commissioners of developmental services, mental health, youth services, education and early education and care. The purpose of each local team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and near fatalities; (ii) promoting cooperation and coordination between agencies responding to fatalities and near fatalities and in providing services to family members; (iii) developing an understanding of the causes and incidence of child fatalities and near fatalities in the county; and (iv) advising the state team on changes in law, policy or practice that may affect child fatalities and near fatalities. To achieve its purpose, each local team shall: (i) review, establish and implement model protocols from the state team; (ii) review, subject to the approval of the local district attorney, all individual fatalities and near fatalities in accordance with the established protocols; (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and near fatality cases and recommend methods of improving coordination of services between member agencies; (iv) collect, maintain and provide confidential data as required by the state team; and (v) provide law enforcement or other agencies with information to protect children. At the request of the local district attorney, the local team shall be immediately provided with: (i) information and records relevant to the cause of the fatality or near fatality maintained by providers of medical or other care, treatment or services, including dental and mental health care; (ii) information and records relevant to the cause of the fatality or near fatality maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, parole and probation information records and law enforcement data post-disposition, except that certain law enforcement records may be exempted by the local district attorney; (iii) information and records of any provider of social services, including the department of children and families, relevant to the child or the child's family, that the local team deems relevant to the review; and (iv) demographic information relevant to the child and the child's immediate family, including, but not limited to, address, age, race, gender and economic status. The district attorney may enforce this paragraph by seeking an order of the superior court. (d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter 123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to confidential communications shall not prohibit the disclosure of this information to the chair of the state team or a local team. Any information considered to be confidential pursuant to the aforementioned statutes may be submitted for a team’s review upon the determination of that team’s chair that the review of this information is necessary. The chair shall ensure that no information submitted for a team’s review is disseminated to parties outside the team. No member of a team shall violate the confidentiality provisions set forth in the aforementioned statutes. Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting shall not disclose any information relating to the team’s business. Team meetings shall be closed to the public. Information and records acquired by the state team or by a local team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties and purposes. Statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public. (e) Members of a team, persons attending a team meeting and persons who present information to a team shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting. (f) Information, documents and records of the state team or of a local team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of a team or are maintained by a team. (g) Nothing in this section shall limit the powers and duties of the child advocate or district attorneys. SECTION 2. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby repealed. SECTION 3. Section 3 of said chapter 38, as so appearing, is hereby amended by adding the following paragraph:- “The office shall immediately send any notification or report of a death under the circumstances enumerated in clause (15) to the state child fatality review team established by section 15 of chapter 18C, including, but not limited to, the known facts concerning the time, place, manner, circumstances and cause of such death. The chief medical examiner shall provide any additional information related to such notification or report to the state child fatality review team upon request.”

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An Act encouraging the donation of food to persons in need

S920

SD263

{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:41:24.283'}

[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:41:24.2833333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T10:06:45.6366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T12:20:21.8'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-27T11:57:16.01'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:18:06.22'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T12:10:36.4333333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T09:03:18.84'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:52:03.41'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-15T09:52:03.41'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T10:48:23.9633333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T22:36:31.0666667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T22:36:31.0666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:42:22.6033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T18:28:24.7166667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-21T11:46:12.12'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-21T11:46:12.12'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S920/DocumentHistoryActions

Bill

By Ms. Comerford, a petition (accompanied by bill, Senate, No. 920) of Joanne M. Comerford, Mindy Domb, Susan Williams Gifford, Hannah Kane and other members of the General Court for legislation to encourage the donation of food to persons in need. The Judiciary.

SECTION 1. Section 328 of chapter 94 of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- No person who donates food, including open-dated food whose date has passed, to a nonprofit corporation for distribution or serving by such nonprofit corporation without charge or at a charge sufficient only to cover the cost of handling such food, or to any other person, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health; and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor. SECTION 2. Said section 328 of said chapter 94 is hereby further amended by inserting after the third paragraph the following paragraph:- No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, including open-dated food whose date has passed, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of distribution or serving such food is not misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health, and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the food establishment or any person employed by or under the control of the food establishment. SECTION 3. Chapter 63 of the General Laws is hereby amended by inserting after section 38HH the following section:- Section 38II. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Food crops”, grains, fruits, nuts, vegetables, meat, dairy, or seafood. “Nonprofit food distribution organization”, means an entity located in the commonwealth that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy or selling food at a charge sufficient only to cover the cost of handling such food. (2) For taxable years beginning on or after January 1, 2024, but before January 1, 2034, any business corporation engaged in the business of farming as defined under section 1A of chapter 128, or any restaurant or similar retail food establishment as defined under subsection (h) of section 6 of chapter 64H, that donates food crops grown by the business corporation in the commonwealth or meals prepared for human consumption to a nonprofit food distribution organization shall be allowed a non-refundable credit from its net taxable income for the taxable year of the donation. The business corporation shall be allowed a credit in an amount equal to the fair market value of such food crops donated by the business corporation to a nonprofit food distribution organization during the taxable year but not to exceed an aggregate credit of $5,000 for all such donations made by the business corporation during such year. (3) A credit shall be allowed under this section only if (i) the use of the donated food crops by the donee nonprofit food distribution organization is related to providing food to the needy, (ii) the donated food crops are not transferred for use outside the commonwealth or used by the donee nonprofit food distribution organization as consideration for services performed or personal property purchased, and (iii) the donated food crops, if sold by the donee nonprofit food distribution organization, are sold at a charge sufficient only to cover the cost of handling such food. (4) In order to claim any credit under this section, the business corporation making the donation shall attach to the business’s income tax return a written certification prepared by the donee nonprofit food distribution organization. The written certification prepared by the donee nonprofit food distribution organization shall identify the donee nonprofit food distribution organization, the business corporation donating food crops to it, the date of the donation, the number of pounds of food crops donated, and the fair market value of the food crops donated. The certification shall also include a statement by the donee nonprofit food distribution organization that its use and disposition of the food crops complies with the requirements under paragraph 3. (6) Credits claimed by a partnership shall be allocated to the individual partners in proportion to their ownership or interest in such business entity. (7) The commissioner shall develop guidelines implementing the provisions of this section.

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An Act protecting equity for homeowners facing foreclosure

S921

SD291

{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:06:00.053'}

[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:06:00.0533333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-15T09:51:25.5233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:51:25.5233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:00:13.1'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-17T11:07:31.68'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T20:06:03.32'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-23T14:14:46.48'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-09-15T10:19:23.9433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S921/DocumentHistoryActions

Bill

By Ms. Comerford, a petition (accompanied by bill, Senate, No. 921) of Joanne M. Comerford, Mindy Domb, Thomas M. Stanley, James B. Eldridge and others for legislation to protect equity for homeowners facing foreclosure. The Judiciary.

SECTION 1. Section 53 of chapter 60 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph in inserting in place thereof the following paragraph:- If a tax on land is not paid within 14 days after demand therefor and remains unpaid, the collector shall request a hearing in the land court seeking authorization to exercise the power of taking. The collector shall give 14 days notice of the intention to exercise such power of taking and of the hearing in the land court, which notice shall be served in the manner required by law for the service of subpoenas on witnesses in civil cases and shall be published and shall conform to the requirements of section 40. The collector shall also, 14 days prior to the hearing, post a notice so conforming at the property proposed for taking, in a newspaper of general circulation and in 2 or more convenient and public places where the property is located and the last known address of the owner. At the hearing, the court shall make inquiry into the nature of the debt owed and whether there is sufficient evidence to demonstrate that the city or town has not received payment from the debtor. The court shall also make inquiry and findings relative to the sufficiency of notice provided by the collector. The land court may authorize the taking only after issuing its findings in writing. Upon issuance of an order on the taking, the land court shall also order a public sale of the foreclosed property and order distribution of proceeds consistent with the provisions of section 21 and sections 24 to 27, inclusive, of chapter 183; provided, that the order shall treat the tax title holder like a mortgagee with the first priority interest in proceeds from the property, and treating the delinquent debtor as a mortgagor. SECTION 2. Section 53 of chapter 60 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “forty” in line 7, the following words:- and must include a clear statement in bold print that “Failure to act will result in losing ownership of your property.” SECTION 3. The second paragraph of said section 53 of said chapter 60, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- Upon fulfillment of the tax debt through the collection of rents or other income from the land, the tax collector shall file a document reflecting that the property was redeemed through the collection of rents or other income from the land, and shall withdraw possession of the property. SECTION 4. Section 64 of said chapter 60, as so appearing, is hereby amended by striking out, in line 2, the words “be absolute after” and inserting in place thereof the following words:- convey a right to collect rents from the property until the debt is paid or to obtain payment, with first priority over all other liens from the proceeds of a judicial sale, upon. SECTION 5. Said section 64 of said chapter 60, as so appearing, is hereby further amended by adding the following paragraph:- If deemed appropriate and just by the land court, it may order seizure of rents or other income from the property if doing so would fully satisfy property tax liens and applicable interest and costs. Upon issuance of a judgment foreclosing the right of redemption, the land court shall also order a public sale of the foreclosed property and order distribution of proceeds consistent with the provisions of sections 21 and sections 24 to 27, inclusive; provided, that the order shall treat the tax title holder like a mortgagee with the first priority interest in proceeds from the property, and treating the delinquent debtor as a mortgagor. SECTION 6. Section 66 of said chapter 60 of the General Laws, as so appearing, is hereby amended by inserting after the word “shall,” in line 12, the following words:- include language expressing the amount necessary to redeem the property and the consequences of failing to pay, and. SECTION 7. Said section 66 of said chapter 60, as so appearing, is hereby further amended by striking out, in lines 17 to 19, the words “a default will be recorded, the petition taken as confessed, and the right of redemption forever barred” and inserting in place thereof the following words:- that failure to act will result in losing ownership of your property and a public sale of your property. If applicable, this could also result in eviction. SECTION 8. Section 69A of said chapter 60, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Except in the interest of justice, no petition to vacate a decree of foreclosure entered under section 69 and no proceeding at law or in equity for reversing or modifying such a decree shall be commenced after the date of the judicial sale and distribution of proceeds required under section 64.

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

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An Act relative to probation violations

S922

SD318

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T12:44:09.19'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T12:44:09.19'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S922/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 922) of Cynthia Stone Creem for legislation relative to probation violations. The Judiciary.

Section 3 of Chapter 279 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 14 and 15, the words “such suspension is revoked, the sentence shall be in full force and effect” and inserting in place thereof the following:- the defendant violates a condition of probation, the court may (a) continue him on probation with or without extending the term or modifying or enlarging the conditions; or (b) revoke the sentence of probation and commit the defendant to an intermediate sanctions program or impose all or any portion of the suspended sentence.

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An Act relative to the uniform child custody jurisdiction and enforcement act

S923

SD333

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:07:07.793'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:07:07.7933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S923/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 923) of Cynthia Stone Creem for legislation relative to the uniform child custody jurisdiction and enforcement act. The Judiciary.

SECTION 1. Chapter 209B of the General Laws is hereby amended by striking out sections 1 to 14, inclusive, as appearing in the 2020 Official Edition, and inserting in place thereof the following 4 articles:- ARTICLE 1. GENERAL PROVISIONS Section 1-101. SHORT TITLE This act may be cited as the Massachusetts Uniform Child-Custody Jurisdiction and Enforcement Act. Section 1-102. DEFINITIONS As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Abandoned”, left without provision for reasonable and necessary care or supervision. “Abuse”, (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror; (v) depriving another of medical care, housing, food or other necessities of life; or (vi) restraining the liberty of another. “Child”, an individual who has not attained 18 years of age. “Child-custody determination”, a judgment, decree or other order of a court providing for the legal custody, physical custody, parenting time or visitation with respect to a child. The term shall include a permanent, temporary, initial and modification order. The term shall not include an order relating to child support or other monetary obligations of an individual. “Child-custody proceeding”, a proceeding in which legal custody, physical custody, parenting time or visitation with respect to a child is an issue. The term shall include a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term shall not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 3. “Commencement”, the filing of the first pleading in a proceeding. “Court”, an entity authorized under the law of a state to establish, enforce or modify a child-custody determination. “Dependent household member”, (1) the spouse of the parent or person acting as a parent; (2) an unmarried child of the parent or person acting as a parent who: (A) is under 18 years of age; or (B) is incapable of self-support because of mental or physical incapacity and is dependent on the parent or person acting as a parent for more than ½ of the child's support; (3) a parent, if the parent is in fact dependent on the parent or person acting as a parent for more than ½ of the parent's support; or (4) an unmarried person of any age who: (A) is placed in the legal custody of the parent or person acting as a parent as a result of an order of a court of competent jurisdiction in a state for a period of not less than 12 consecutive months; (B) is dependent on the parent or person acting as a parent for over ½ of the unmarried person's support; or (C) has resided with parent or person acting as a parent for not less than 12 consecutive months. “Domestic violence”, abuse committed by a parent or person acting as a parent against the other parent or person acting as a parent or against a child who is the subject of a proceeding, or against a dependent household member of the other parent or person acting as a parent, which shall include a parent, step-parent, child, step-child, sibling, grandparent or grandchild or persons in a guardianship relationship. “Home state”, the state in which a child lived with a parent or a person acting as a parent for not less than 6 consecutive months immediately before the commencement of a child-custody proceeding. For a child less than 6 months of age, “home state” shall mean the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. “Initial determination”, the first child-custody determination concerning a particular child. “Issuing court”, the court that makes a child-custody determination for which enforcement is sought under this act. “Issuing state”, the state in which a child-custody determination is made. “Modification”, a child-custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. “Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation or any other legal or commercial entity. “Person acting as a parent”, a person, other than a parent, who: (A) has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child-custody proceeding; and (B) has been awarded legal custody by a court or claims a right to legal custody under the law of the commonwealth. “Physical custody”, the physical care and supervision of a child. “State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. “Tribe”, an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state. “Warrant”, an order issued by a court authorizing law enforcement officers to take physical custody of a child. Section 1-103. PROCEEDINGS GOVERNED BY OTHER LAW This act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Section 1-104. APPLICATION TO INDIAN TRIBES (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq. is not subject to this act to the extent it is governed by the Indian Child Welfare Act. (b) A court of the commonwealth shall treat a tribe as if it were a state of the United States for the purposes of applying articles 1 and 2. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act shall be recognized and enforced under article 3. Section 1-105. INTERNATIONAL APPLICATION OF ACT (a) A court of the commonwealth shall treat a foreign country as if it were a state of the United States for the purposes of applying articles 1 and 2. (b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act shall be recognized and enforced under article 3. (c) The court of the commonwealth need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights. Section 1-106. EFFECT OF CHILD-CUSTODY DETERMINATION A child-custody determination made by a court of the commonwealth that had jurisdiction under this act binds all persons who have been served in accordance with the laws of the commonwealth or notified in accordance with section 1-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Section 1-107. PRIORITY If a question of existence or exercise of jurisdiction under this act is raised in a child-custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously. A hearing on the matter, allowing for telephonic appearance by the out-of-state party, if requested under subsection (d) of section 1-111, shall occur not more than 60 days after the date of request. This court shall issue a written decision on the question of jurisdiction not more than 15 calendar days after the date of the hearing. Section 1-108. NOTICE TO PERSONS OUTSIDE STATE (a) Notice required for the exercise of jurisdiction when a person is outside the commonwealth may be given in a manner prescribed by the law of the commonwealth for the service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of the commonwealth or by the law of the state in which the service is made. (c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. Section 1-109. APPEARANCE AND LIMITED IMMUNITY (a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in the commonwealth: (i) solely by reason of being physically present to participate in a proceeding under this act; or (ii) solely by reason of having participated, or of having been physically present for the purpose of participating, in another proceeding. (b) A person who is subject to personal jurisdiction in the commonwealth on a basis other than physical presence is not immune from service of process in the commonwealth. A party present in the commonwealth who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this act committed by an individual while present in the commonwealth. Section 1-110. COMMUNICATION BETWEEN COURTS (a) A court of the commonwealth may communicate with a court in another state concerning a proceeding arising under this act. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of that communication. (d) Except as otherwise provided in subsection (c), a record shall be made of the communication under this section. The parties shall be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, “record” shall mean information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Section 1-111. TAKING TESTIMONY IN ANOTHER STATE (a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in the commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of the commonwealth may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of the commonwealth shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of the commonwealth by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission. (d) If, at any time, an out-of-state party contests the jurisdiction of the court under section 2-202 or 2-208 or raises a claim that the court is an inconvenient forum under section 2-207, the party may request to participate electronically or by telephone in a hearing on the issue of jurisdiction or the inconvenience of the forum. In making the request for the electronic or telephonic participation, the party shall provide a reason for the request that shall include, but not be limited to, whether domestic violence or financial hardship prohibits that party from attending a hearing in the commonwealth. If an out-of-state party contests the jurisdiction of the court under section 2-202 or 2-208 or raises a claim that the court is an inconvenient forum under section 2-207, the court shall first hold a preliminary hearing at which the requesting party shall be permitted to appear electronically or by telephone to present evidence about the reasons for the inability to attend a hearing in person and whether there are remedial orders that the court may issue that would enable the person to attend a hearing in person. If after a preliminary hearing, the court denies the request made under subsection (d), the court may enter orders necessary to ensure the safety of the child and of the party who made the request. The court may also require another party to pay reasonable and necessary travel and other expenses of the party who made the request. Section 1-112. COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS (a) A court of the commonwealth may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of the commonwealth a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and (5) order a party to a child-custody proceeding or a person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another state, a court of the commonwealth may hold a hearing or enter an order described in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of the commonwealth. (d) A court of the commonwealth shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. ARTICLE 2. JURISDICTION Section 2-201. INITIAL CHILD-CUSTODY JURISDICTION (a) Except as otherwise provided in section 2-204, a court of the commonwealth has jurisdiction to make an initial child-custody determination only if: (1) the commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from the commonwealth but a parent or person acting as a parent continues to live in the commonwealth; (2) a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that the commonwealth is the more appropriate forum under section 2-207 or 2-208 and: (A) the child and the child's parents, or the child and at least 1 parent or a person acting as a parent, have a significant connection with the commonwealth other than mere physical presence; and (B) substantial evidence is available in the commonwealth concerning the child's care, protection, training and personal relationships; (3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of the commonwealth is the more appropriate forum to determine the custody of the child under section 2-207 or 2-208; or (4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of the commonwealth. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. Section 2-202. EXCLUSIVE, CONTINUING JURISDICTION (a) Except as otherwise provided in section 2-204, a court of the commonwealth that has made a child-custody determination consistent with section 2-201 or 2-203 has exclusive, continuing jurisdiction over the determination until: (1) a court of the commonwealth determines that neither the child, nor the child and 1 parent, nor the child and a person acting as a parent have a significant connection with the commonwealth and that substantial evidence is no longer available in the commonwealth concerning the child's care, protection, training and personal relationships; (2) a court of the commonwealth or a court of another state determines that neither the child nor a parent or any person acting as a parent presently resides in the commonwealth; (3) the court finds that a parent or person acting as a parent who resides in the commonwealth has engaged in domestic violence against the other parent or person acting as a parent or against the child who is the subject of the proceeding or against a dependent household member of the parent or person acting as a parent; provided, however, that if the court so finds, it shall be presumed that the commonwealth does not have continuing, exclusive jurisdiction over the determination unless the victim or victim’s custodial parent or guardian consents to continuing, exclusive jurisdiction; or (4) the parties mutually agree in writing that the commonwealth shall no longer have continuing, exclusive jurisdiction and the agreement has been approved by the court. (b) A court in the commonwealth that has exclusive, continuing jurisdiction under this section may decline to exercise its jurisdiction if the court determines that it is an inconvenient forum under section 2-207. (c) A court of the commonwealth that has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 2-201. Section 2-203. JURISDICTION TO MODIFY DETERMINATION Except as otherwise provided in section 2-204, a court of the commonwealth shall not modify a child-custody determination made by a court of another state unless a court of the commonwealth has jurisdiction to make an initial determination under clause (1) or (2) of subsection (a) of section 2-201 and: (1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 2-202 or that a court of the commonwealth would be a more convenient forum under section 2-207; (2) a court of the commonwealth or a court of the other state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state; or (3) the parents or all persons acting as parents have mutually agreed in writing that the commonwealth shall have the authority to modify a determination and the agreement has been approved by the court. Section 2-204. TEMPORARY EMERGENCY JURISDICTION (a) A court of the commonwealth has temporary emergency jurisdiction if the child is present in the commonwealth and the child has been abandoned or it is necessary in an emergency to protect the child because the other parent or person acting as a parent or a child who is the subject of the proceeding or a dependent household member of the other parent or person acting as a parent is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child-custody determination that is entitled to be enforced under this act and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 2-201 to 2-203, inclusive, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under said sections 2-201 to 2-203, inclusive. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 2-201 to 2-203, inclusive, a child-custody determination made under this section becomes a final determination, if it so provides and the commonwealth becomes the home state of the child. (c) If there is a previous child-custody determination that is entitled to be enforced under this act or a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 2-201 to 2-203, inclusive, any order issued by a court of the commonwealth under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under said sections 2-201 to 2-203, inclusive. The order issued in the commonwealth remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of the commonwealth that has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under sections 2-201 to 2-203, inclusive, shall immediately communicate with the other court. A court of the commonwealth that is exercising jurisdiction pursuant to sections 2-201 to 2-203, inclusive, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order. Section 2-205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER (a) Before a child-custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of section 1-108 shall be given to all persons entitled to notice under the law of the commonwealth as in child-custody proceedings between residents of the commonwealth, any parent whose parental rights have not been previously terminated and any person having physical custody of the child. (b) This act shall not govern the enforceability of a child-custody determination made without notice and an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this act are governed by the law of the commonwealth as in child-custody proceedings between residents of the commonwealth. Section 2-206. SIMULTANEOUS PROCEEDINGS (a) Except as otherwise provided in section 2-204, a court of the commonwealth shall not exercise its jurisdiction under article 2 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of the commonwealth is a more convenient forum under section 2-207. (b) Except as otherwise provided in section 2-204, a court of the commonwealth, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 2-209. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of the commonwealth shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of the commonwealth is a more appropriate forum, the court of the commonwealth shall dismiss the proceeding. (c) In a proceeding to modify a child-custody determination, a court of the commonwealth shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may: (1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate. SECTION 2-207. INCONVENIENT FORUM (a) A court of the commonwealth that has jurisdiction under this act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion or request of another court. (b) Before determining whether it is an inconvenient forum, a court of the commonwealth shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors including: (1) whether domestic violence has occurred and which state could best protect the parties and the child; (2) the length of time the child has resided outside the commonwealth; (3) the distance between the court in the commonwealth and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) an agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues of the pending litigation. (c) If a court of the commonwealth determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (d) A court of the commonwealth may decline to exercise its jurisdiction under this act if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. Section 2-208. JURISDICTION DECLINED BY REASON OF CONDUCT (a) Except as otherwise provided in section 2-204 or by another law of the commonwealth, if a court of the commonwealth has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) a court of the state otherwise having jurisdiction under sections 2-201 to 2-203, inclusive, determines that the commonwealth is a more appropriate forum under section 2-207; or (3) no court of any other state would have jurisdiction under the criteria specified in sections 2-201 to 2-203, inclusive. (b) If a court of the commonwealth declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under sections 2-201 to 2-203, inclusive. (c) If a court dismisses a complaint or a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court shall not assess fees, costs or expenses against the commonwealth unless authorized by law other than this act. Section 2-209. INFORMATION TO BE SUBMITTED TO COURT (a) Subject to local law providing for the confidentiality of procedures, addresses and other identifying information, in a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit shall state whether the party: (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of, the parenting time of, or visitation with the child and, if so, identify the court, the case number and the date of the child-custody determination, if any; (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, parenting time of or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in clauses (1) to (3), inclusive, of subsection (a) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in the commonwealth or any other state that could affect the current proceeding. (e) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and shall not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice. Section 2-210. APPEARANCE OF PARTIES AND CHILD (a) In a child-custody proceeding in the commonwealth, the court may order a party to the proceeding who is in the commonwealth to appear before the court in person with or without the child. The court may order any person who is in the commonwealth and who has physical custody or control of the child to appear in person with the child. (b) Subject to subsection (d) of section 1-111, if a party to a child-custody proceeding whose presence is desired by the court is outside the commonwealth, the court may order that a notice given pursuant to section 1-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (d) If a party to a child-custody proceeding who is outside the commonwealth is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. ARTICLE 3. ENFORCEMENT Section 3-301. DEFINITIONS As used in article 3, the following words shall have the following meanings unless the context clearly requires otherwise: “Plaintiff” or “Petitioner”, a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. “Defendant” or “Respondent”, a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. Section 3-302. ENFORCEMENT UNDER HAGUE CONVENTION. Under article 3, a court of the commonwealth may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. Section 3-303. DUTY TO ENFORCE (a) A court of the commonwealth shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination has not been modified in accordance with this act. (b) A court of the commonwealth may utilize any remedy available under other law of the commonwealth to enforce a child-custody determination made by a court of another state. The remedies provided in article 3 are cumulative and shall not affect the availability of other remedies to enforce a child-custody determination. Section 3-304. TEMPORARY VISITATION (a) A court of the commonwealth that does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing: (1) a parenting plan or visitation schedule made by a court of another state; or (2) the parenting plan or visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of the commonwealth makes an order under clause (2) of subsection (a), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in article 2. The order remains in effect until an order is obtained from the other state or the period expires. Section 3-305. REGISTRATION OF CHILD-CUSTODY DETERMINATION (a) A child-custody determination issued by a court of another state may be registered in the commonwealth, with or without a simultaneous request for enforcement, by sending to the appropriate court in the commonwealth: (1) a letter or other document requesting registration; (2) 2 copies, including 1 certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (3) except as otherwise provided in section 2-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child-custody determination sought to be registered. (b) (1) On receipt of the documents required by subsection (a), the registering court shall cause the determination to be filed as a foreign judgment, together with 1 copy of any accompanying documents and information, regardless of their form. (2) The person seeking registration shall serve notice upon the persons named pursuant to clause (3) of subsection (a) and provide them with an opportunity to contest the registration in accordance with this section. (c) The notice required by clause (2) of subsection (b) shall state that: (1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of the commonwealth; (2) a hearing to contest the validity of the registered determination shall be requested within 20 days after service of notice; and (3) failure to contest the registration shall result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a registered order shall request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction under article 2; (2) the child-custody determination sought to be registered has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2; or (3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 1-108, in the proceedings before the court that issued the order for which registration is sought. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served shall be notified of the confirmation. (f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Section 3-306. ENFORCEMENT OF REGISTERED DETERMINATION (a) A court of the commonwealth may grant any relief normally available under the law of the commonwealth to enforce a registered child-custody determination made by a court of another state. (b) A court of the commonwealth shall recognize and enforce, but shall not modify, except in accordance with article 2, a registered child-custody determination of a court of another state. Section 3-307. SIMULTANEOUS PROCEEDINGS If a proceeding for enforcement under article 3 is commenced in a court of the commonwealth and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under article 2, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. Section 3-308. EXPEDITED ENFORCEMENT OF CHILD-CUSTODY DETERMINATION (a) A complaint or petition under this article shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A complaint or petition for enforcement of a child-custody determination shall state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision shall be enforced under this act and, if so, identify the court, the case number and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; (4) the present physical address of the child and the defendant or respondent, if known; (5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) if the child-custody determination has been registered and confirmed under section 3-305, the date and place of registration. (c) Upon the filing of a complaint or petition, the court shall issue an order directing the defendant or respondent to appear with or without the child at a hearing and may enter any orders necessary to ensure the safety of the parties and the child. The hearing shall be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the plaintiff or petitioner. (d) An order issued under subsection (c) shall state the time and place of the hearing and shall advise the defendant or respondent that at the hearing the court will order that the plaintiff or petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under section 3-312 and may schedule a hearing to determine whether further relief is appropriate, unless the defendant or respondent appears and establishes that: (1) the child-custody determination has not been registered and confirmed under section 3-305 and that: (A) the issuing court did not have jurisdiction under article 2; (B) the child-custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under article 2; or (C) the defendant or respondent was entitled to notice, but notice was not given in accordance with the standards of section 1-108, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under section 3-304, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2. Section 3-309. SERVICE OF COMPLAINT OR PETITION AND ORDER Except as otherwise provided in section 3-311, the complaint or petition and order shall be served, by any method authorized by the law of the commonwealth, upon the respondent and any person who has physical custody of the child. Section 3-310. HEARING AND ORDER (a) Unless the court enters a temporary emergency order pursuant to section 2-204, upon a finding that a plaintiff or petitioner is entitled to immediate physical custody of the child, the court shall order that the plaintiff or petitioner may take immediate physical custody of the child unless the defendant or respondent establishes that: (1) the child-custody determination has not been registered and confirmed under section 3-305 and that: (A) the issuing court did not have jurisdiction under article 2; (B) the child-custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2; or (C) the defendant or respondent was entitled to notice, but notice was not given in accordance with the standards of section 1-108, in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under section 3-305 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 2 or federal law. (b) The court shall award the fees, costs and expenses authorized under section 3-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the spousal relationship or parent and child relationship shall not be invoked in a proceeding under article 3. Section 3-311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD (a) Upon the filing of a complaint or petition seeking enforcement of a child-custody determination, the plaintiff or petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from the commonwealth. (b) If the court, upon the testimony of the plaintiff or petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from the commonwealth, it may issue a warrant to take physical custody of the child. The complaint or petition shall be heard on the next judicial day after the warrant is executed unless it is impossible on that date. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by subsection (b) of section 3-308. (c) A warrant to take physical custody of a child shall: (1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately; and (3) provide for the placement of the child pending final relief. (d) The defendant or respondent shall be served with the complaint or petition, warrant and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout the commonwealth. If the court finds on the basis of the testimony of the plaintiff or petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by the exigency circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Section 3-312. COSTS, FEES, AND EXPENSES (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) The court shall not assess fees, costs or expenses against a state unless authorized by law other than this act. Section 3-313. RECOGNITION AND ENFORCEMENT A court of the commonwealth shall accord full faith and credit to an order issued by another state and consistent with this act that enforces a child-custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under article 2. Section 3-314. APPEALS An appeal may be taken from a final order in a proceeding under article 3 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 2-204, the enforcing court shall not stay an order enforcing a child-custody determination pending appeal. Section 3-315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL (a) In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under article 3 or any other available civil proceeding to locate a child, to obtain the return of a child or enforce a child-custody determination if there is: (1) an existing child-custody determination; (2) a request to do so from a court in a pending child-custody proceeding; (3) a reasonable belief that a criminal statute has been violated; or (4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and shall not represent any party. Section 3-316. ROLE OF LAW ENFORCEMENT At the request of a prosecutor or other appropriate public official acting under section 3-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under said section 3-315. Section 3-317. COSTS AND EXPENSES If the defendant or respondent is not the prevailing party, the court may assess against the defendant or respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under section 3-315 or 3-316. ARTICLE 4. MISCELLANEOUS PROVISIONS Section 4-401. APPLICATION AND CONSTRUCTION In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 4-402. SEVERABILITY CLAUSE If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. SECTION 2. A motion or other request for relief made in a child-custody proceeding or to enforce a child custody determination that was commenced before the effective date of this act shall be governed by the law in effect at the time the motion or other request was made. SECTION 3. This act shall take effect on December 31, 2024.

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An Act to amend the definition of hate crime

S924

SD335

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:40:12.777'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:40:12.7766667'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex District Attorney', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T14:40:12.79'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-03T11:31:35.6566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S924/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 924) of Cynthia Stone Creem, Marian T. Ryan, Middlesex District Attorney and Michael J. Barrett for legislation to amend the definition of hate crime. The Judiciary.

Paragraph (a) of Section 39 of Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by replacing the words “of a person” in Line 2 with the words “of another” and replacing the words “such person” in Line 3 with the words “a person.” Paragraph (a) of said Section 39 of Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by adding the following paragraph: “If restitution is ordered under the provisions of this section for purposes of repairing the damage done to the real or personal property with intent to intimidate a person because of such person’s race, color, religion, national origin, sexual orientation, gender identity, or disability, such restitution shall be used to repair the damage done to the property.”

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An Act to stop mass shootings

S925

SD620

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:58:21.59'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:58:21.59'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S925/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 925) of Cynthia Stone Creem for legislation to stop mass shootings. The Judiciary.

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

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An Act relative to fentanyl test strips

S926

SD656

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:15:39.723'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:15:39.7233333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T13:38:26.14'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S926/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 926) of Cynthia Stone Creem for legislation relative to fentanyl test strips. The Judiciary.

SECTION 1. Section 1 of chapter 94C is hereby amended by inserting at the end of the definition of "Drug paraphernalia" the following sentence:- The term “drug paraphernalia” shall not include fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues. SECTION 2. Said chapter 94 is hereby further amended by inserting after section 19D the following section:- Section 19E. Any person who, in good faith provides, administers or utilizes fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues shall not, as a result of the person’s acts or omissions, be subject to any criminal or civil liability or any professional disciplinary action; provided, however, that this section shall not apply to acts of gross negligence or willful or wanton misconduct.

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

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An Act to implement the recommendations of the special commission on facial recognition technology

S927

SD750

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:51:15.48'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:51:15.48'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T10:57:52.9066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T10:57:52.9066667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-31T10:57:52.9066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:29:43.21'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T15:46:56.7866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T11:31:20.03'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T15:09:32.44'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-07T15:09:32.44'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T15:09:32.44'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T11:59:59'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-09T11:59:59'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T15:45:44.0366667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-14T14:21:02.0066667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-27T10:50:22.1033333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-06T13:59:35.4'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T10:49:19.2633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T11:59:31.49'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-28T11:28:07.2066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-05-31T16:08:16.4433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S927/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 927) of Cynthia Stone Creem, Joanne M. Comerford, Michael J. Barrett, Rebecca L. Rausch and other members of the Senate for legislation to implement the recommendations of the special commission on facial recognition technology. The Judiciary.

SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, as amended by chapter 253 of the acts of 2020, is hereby amended by striking section 220 and inserting in place thereof the following section: - Section 220. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Biometric surveillance technology”, any computer software that performs facial recognition or other remote biometric recognition. “Facial recognition”, an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body to derive information about the associations, activities or location of an individual; provided, however, that “facial recognition” shall not include the use of search terms to sort images in a database. “Facial recognition search”, the use of facial recognition to analyze an image. “Law enforcement agency”, as defined in section 1 of chapter 6E. “Law enforcement officer” or “officer”, as defined in section 1 of chapter 6E. “Other remote biometric recognition”, an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual’s gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that “other remote biometric recognition” shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact. “Public agency”, any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose. “Public official”, any officer, employee, agent, contractor or subcontractor of any public agency. (b) Absent express authorization in a general or special law to the contrary, it shall be unlawful for a law enforcement agency or officer to acquire, possess, access, use, assist with the use of or provide resources for the development or use of any biometric surveillance technology, or to enter into a contract with or make a request to a third party, including any federal agency, for the purpose of acquiring, possessing, accessing or using information derived from a biometric surveillance technology. Except in a judicial proceeding alleging a violation of this section, no information obtained in violation of this section shall be admissible in any criminal, civil, administrative or other proceeding. (c) The registrar of motor vehicles may acquire, possess, or use facial recognition technology to verify an individual’s identity when issuing licenses, permits or other documents pursuant to chapter 90; provided, however, that the registrar shall not allow any other entity to access or otherwise use its facial recognition technology except in accordance with subsection (d). (d) The department of state police may perform a facial recognition search, or request the federal bureau of investigation to perform such a search, for the following purposes: (1) to execute a warrant duly authorized by a judge based on probable cause that an unidentified or unconfirmed individual in an image has committed a felony; (2) upon reasonable belief that an emergency involving immediate danger of death or serious physical injury to any individual or group of people requires the performance of a facial recognition search without delay; (3) to identify a deceased person; or (4) on behalf of another law enforcement agency or a federal agency, provided that such agency obtained a warrant pursuant to clause (1) or documented in writing the reason for a search requested under clauses (2) or (3). One facial recognition operations group within the department shall be charged with receiving and evaluating law enforcement requests for facial recognition searches, performing facial recognition searches, reporting results, and recording relevant data. The department shall only use existing facial recognition technology used by the registrar of motor vehicles or federal bureau of investigations or facial recognition technology approved by the executive office of technology services and security, which may only be approved following a public hearing on the proposed software. Any search performed or search request made to the federal bureau of investigation under this section shall be documented in writing. (e) For any emergency facial recognition search performed or requested under subsection (d)(2), the law enforcement agency shall immediately document the factual basis for its belief that an emergency requires the performance of such a search without delay, and any emergency facial recognition search shall be narrowly tailored to address the emergency. Not later than 48 hours after the law enforcement agency obtains access to the results of a facial recognition search, the agency shall file with the superior court in the relevant jurisdiction a signed, sworn statement made by a supervisory official of a rank designated by the head of the agency setting forth the grounds for the emergency search. (f) All individuals charged with a crime who were identified using a facial recognition search under this subsection shall be provided notice that they were subject to such search, pursuant to rule 14 of the rules of criminal procedure. Law enforcement agencies and district attorneys must make readily available to defendants and their attorneys in criminal prosecutions all records and information pertaining to any facial recognition searches performed or requested during the course of the investigation of the crime or offense that is the object of the criminal prosecution. This information shall include, but not be limited to, the results of the facial recognition search (including other possible matches identified by the search), as well as records regarding the particular program or algorithm used to conduct the facial recognition search, the accuracy rate of the facial recognition system, any audit testing of the facial recognition system, the identity of the individual or individuals who conducted the facial recognition search, training provided to law enforcement officials involved in conducting facial recognition searches, and the process by which the defendant was selected as the most likely match. (g) The department shall document, as a public record, each facial recognition search request and each facial recognition search performed pursuant to this section and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the system used for the search; the specific criminal offense or offenses under investigation; the number of matched individuals returned, if any; the name and position of the requesting individual and employing law enforcement agency; a copy of the warrant or, if no warrant exists, a copy of the written emergency request; and data detailing the individual characteristics included in the facial recognition search or request, including the presumed race and gender of the person in the probe image(s), as assessed by the officer conducting the search. (h) Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searches performed by the department of state police, disaggregated by law enforcement agency or federal agency on whose behalf the search was performed; (ii) the total number of facial recognition searches performed by the federal bureau of investigation on behalf of law enforcement agencies, disaggregated by law enforcement agency on whose behalf the search was performed. For each category of data and each law enforcement agency, the published information shall include: the number of searches performed pursuant to a warrant, by alleged offense; the number of searches performed pursuant to an emergency; and the race and gender of the subjects of the searches, as assessed by the officer conducting the search. (i) Each non-law enforcement public agency shall document, as a public record, each facial recognition search requested and each facial recognition search performed by its public officials and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the name and position of the requesting individual; the reason for the search or request; the name, position, and employer of the individual who conducted the search; the system used for the search; the number of matched individuals returned, if any; and data detailing the individual characteristics included in the facial recognition search or request, including the presumed race and gender of the person in the probe image(s), as assessed by the individual conducting the search. (j) Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searches performed by or at the request of non-law enforcement public agencies, disaggregated by the public agency on whose behalf the search was performed. For each public agency, the published information shall include the race and gender of the subjects of the searches, as assessed by the individual conducting the search. (k) Notwithstanding subsection (b), it shall be unlawful for a law enforcement agency of officer to use a biometric surveillance system to infer a person’s emotions or affect. It shall also be unlawful for a law enforcement agency or officer to use a biometric surveillance system to analyze moving images or video data, whether in real time or as applied to archived information; provided, however, that facial recognition may be used on a still image taken from moving images or video data if authorized pursuant to subsection (d). (l) Notwithstanding subsection (b), a law enforcement agency or officer may: (i) acquire and possess personal electronic devices, such as a cell phone or tablet, that utilize facial recognition technology for the sole purpose of user authentication; (ii) acquire, possess and use automated video or image redaction software; provided, that such software does not have the capability of performing facial recognition or other remote biometric recognition; and (iii) receive evidence related to the investigation of a crime derived from a biometric surveillance technology; provided, that the use of a biometric surveillance technology was not knowingly solicited by a law enforcement agency or officer in violation of subsection (b).

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An Act improving medical decision making

S928

SD756

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T11:13:37.66'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T11:13:37.66'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S928/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 928) of Cynthia Stone Creem for legislation to improve medical decision making. The Judiciary.

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

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An Act to eliminate mandatory minimum sentences related to drug offenses

S929

SD798

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:00:24.963'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:00:24.9633333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T11:00:14.0833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-06T13:59:00.58'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S929/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 929) of Cynthia Stone Creem, Michael J. Barrett and Joanne M. Comerford for legislation to eliminate mandatory minimum sentences related to drug offenses. The Judiciary.

SECTION 1. Chapter 94C of the General Laws, as appearing in the 2016 Official Edition as most recently amended by Chapter 69 of the Acts of 2018, is hereby amended by striking out section 32 and inserting in place thereof the following section:- Section 32. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section 31 shall be punished by imprisonment in the state prison for not more than 10 years or in a jail or house of correction for not more than 2½ years or by a fine of not more than $10,000, or by both such fine and imprisonment. (b) Any person convicted of violating this section after 1 or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section 31 of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. SECTION 2. Section 32A of Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in the paragraph (a) the words “less than $1,000 nor” an said section is further amended by striking in paragraph (b) the words “not less than $2,500 and” and in paragraph (c) by striking each time they appear, the words “not less than $1,000 and” in paragraph (d) by string the words “less than $2,500 nor”. SECTION 3. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in section 32B paragraph (a) the words “less than $500 nor” and in paragraph (b) by striking out, each time they appear, the words “less than $1,000 nor”. SECTION 4. Section 32C of Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out in paragraph (a) the words “less than $500 nor” and in paragraph (b) by striking the words “less than one thousand nor”. SECTION 5. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32E and inserting in place thereof the following section:- Section 32E. (a) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture, distribute, dispense or cultivate, or by bringing into the commonwealth a net weight of 50 pounds or more of marihuana or a net weight of 50 pounds or more of any mixture containing marihuana shall, if the net weight of marihuana or any mixture thereof is: (1) Fifty pounds or more, but less than 100 pounds, be punished by a term of imprisonment in the state prison for more than 15 years or by imprisonment in a jail or house of correction for not more than 2½ years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $10,000. (2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. (3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000. (4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $200,000. (b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of a controlled substance as so defined, or a net weight of 18 grams or more of any mixture containing a controlled substance as so defined shall, if the net weight of a controlled substance as so defined, or any mixture thereof is: (1) Eighteen grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not more than 15 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. (2) Thirty-six grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000. (3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000. (4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $500,000. (c) Any person who trafficks in a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 18 grams or more of , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or a net weight of 18 grams or more of any mixture containing , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of , a controlled substance defined in paragraph (d) of Class A of section 31, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is: (1) Eighteen grams or more but less than 36 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000. (2) Thirty-six grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $50,000. (3) One hundred grams or more but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 year. No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000. (4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $500,000. (c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of fentanyl or any derivative of fentanyl, or a net weight of 10 grams or more of any mixture containing fentanyl or any derivative of fentanyl, shall be punished by a term of imprisonment in state prison for not more than 20 years. (c¾) Any person who trafficks in carfentanil, including without limitation, any derivative of carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth carfentanil or any derivative of carfentanil, any mixture containing carfentanil or a derivative of carfentanil, provided, that such person had specific knowledge that such mixture contained carfentanil or any derivative of carfentanil, shall be punished by a term of imprisonment in state prison for not more than 20 years. SECTION 6. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32F and inserting in place thereof the following section:- Section 32F. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class A of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. (b) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class B of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. (c) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a controlled substance in Class C of section thirty-one to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years or in a jail or house of correction for not more than two and one-half years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. (d) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance as defined in clause (4) of paragraph (a) of class B of section thirty-one, to a person under the age of eighteen years shall be punished by a term of imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $25,000. SECTION 7. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32G and inserting in place thereof the following section:- Section 32G. Any person who knowingly or intentionally creates, distributes, dispenses or possesses with intent to distribute or dispense a counterfeit substance shall be punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than two thousand and five hundred dollars, or both such fine and imprisonment. SECTION 8. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32H in its entirety. SECTION 9. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32J and inserting in place thereof the following section:- Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational or secondary school if the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet of a public park or playground and who during the commission of the offense: (i) used violence or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the commission of the offense; or (ii) engaged in a course of conduct whereby the person directed the activities of another person who committed any felony in violation of this chapter; or (iii) committed or attempted to commit a violation of section 32F or section 32K shall be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than 21/2 years. A fine of not more than $10,000 may be imposed. In accordance with section 8A of chapter 279 such sentence shall begin from and after the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I. Lack of knowledge of school boundaries shall not be a defense to any person who violates this section. SECTION 10. Chapter 94C of the General Laws, as so appearing, is hereby further amended by striking out section 32K and inserting in place thereof the following section:- Section 32K. Any person who knowingly causes, induces or abets a person under the age of eighteen to distribute, dispense or possess with the intent to distribute or dispense any controlled substance as defined herein, or to accept, deliver or possess money used or intended for use in the procurement, manufacture, compounding, processing, delivery, distribution or sale of any such controlled substance shall be punished by imprisonment in the state prison for not more than fifteen years. No sentence imposed under the provisions of this section shall be punished by a fine of more than $100,000. SECTION 11. Section 34 of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than two and one-half years nor” in the third sentence of the first paragraph. SECTION 12. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this act: (a) shall be eligible for parole after serving one-half of the minimum term of the sentence, (b) shall be eligible to participate in education, training, employment, or work release programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127; and (c) shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127, provided that such deductions shall accrue as of the effective date of this section.

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An Act to ensure parity in social work licensure

S93

SD1967

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T11:10:12.243'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T11:10:12.2433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-25T17:16:53.0633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-27T09:30:40.87'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-27T09:30:40.87'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-27T09:30:40.87'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:30:40.87'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T15:43:16.18'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-09T10:57:16.7'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-09T10:57:16.7'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:57:16.7'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T18:18:50.47'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T13:20:44.4866667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-13T09:31:15.3'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S93/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 93) of Adam Gomez, Jacob R. Oliveira, Jack Patrick Lewis, Rebecca L. Rausch and other members of the General Court for legislation to ensure parity in social work licensure. Children, Families and Persons with Disabilities.

SECTION 1. Section 131 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in the first paragraph, the following:- “has passed an examination prepared by the board for this purpose; and”. SECTION 2. Said Section 131 of Chapter 112, as so appearing, is further amended by striking out, in the second paragraph, the words “he has passed an examination prepared by the board for this purpose; and will conduct his”, and inserting in place thereof the following: “they will conduct their”. SECTION 3. Said Section 131 of Chapter 112, as so appearing, is further amended by striking out the third paragraph in its entirety. SECTION 4. Said Section 131 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in the fourth paragraph, the words “he has passed an examination prepared by the board for this purpose; and will conduct his” and inserting in place thereof the following: “they will conduct their”. SECTION 5. Said section 131 of Chapter 112, as so appearing, is further amended by striking out the fifth paragraph in its entirety. SECTION 6. Said section 131 of Chapter 112, as so appearing, is hereby amended by striking out, in the sixth paragraph, the words “and has passed a specialty examination in clinical social work prepared by the board for this purpose”. SECTION 7. Section 132 of chapter 112 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by striking out, in the first paragraph, the words “licensed certified social workers, including those in independent clinical practice, licensed social workers and”. SECTION 8. Chapter 112, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 132 the following new section:- Section 132A: (a) A provisional license shall be granted to those applicants who have taken the examination for a social work associate no less than two times and failed within 15 points. The provisional license shall be valid for a maximum of one year. The licensee shall complete professional development, supervisory and educational requirements within no less than one year. Upon completion of the provisional license requirements the licensee shall be exempt from the testing requirement within section 132 and granted a full license. (b) A licensee operating with a provisional license shall maintain a professional portfolio that shall include the following: i. Affidavits of understanding regarding the provisional licensing process and requirements; ii. Eleven separate 3-5 page typed, double spaced papers, each one covering a separate, specific core content area of social work practice; iii. A daily journal of the probationary licensee’s activities and supervision for the probationary period; iv. A 7-10 page typed, double spaced case analysis covering the probationary licensee’s work with a typical client during the probationary period; v. A 3-5 page typed, double spaced self-evaluation completed by the probationary licensee which includes an analysis of the licensee’s professional knowledge, skills and abilities; vi. Quarterly evaluations completed and submitted to the board by the supervisor regarding the probationary licensee’s development; vii. An evaluation of the supervisor’s supervision skills completed by the probationary licensee; viii. A notarized affidavit from the supervisor attesting to the readiness of the probationary licensee’s ability to perform as a professional social worker based on the knowledge, skills and abilities observed during the supervision period. SECTION 9. There shall be established a special legislative commission, hereinafter the commission, to investigate the creation of a new certification for child welfare workers at the department of children and families. The commission shall consist of the house and senate chairs of the joint committee on children, families, and persons with disabilities, or their designees, who shall serve as co-chairs; the child advocate, or a designee; the commissioner of the department of children and families, or their designee; two current workers employed by the department of children and families and appointed by SEIU Local 509 who have served at the department for over five years; two representatives of child or family welfare organizations from communities which are disproportionately involved with the department of children and families, appointed by the co-chairs; and two individuals previously personally involved with the department of children and families, appointed by the co-chairs. All appointments shall be made not later than 60 days after the effective date of this act. The commission shall convene its first meeting not more than 90 days from the effective date of this act. The commission shall examine the feasibility and make recommendations regarding the creation of a new certification for child welfare workers at the department of children and families, including, without limitation: 1) whether social work licensure, as outlined in section 121 of Chapter 112 of the general laws, is the only appropriate qualification to be a child welfare professional employed by the department of children and families; 2) explore the possibility of a new certification or form of licensure to be made available in addition to social work licensure, with training and education requirements specific to child protection and the work of the department of children and families; 3) consider what would qualify an individual for this new certification, recognizing that standardized tests are inherently biased and do not effectively evaluate a person’s ability to provide services to children and families; 4) ensure that the recommended criteria for child welfare certification not serve as a barrier to certification for members of communities disproportionately involved with the department of children and families, and ensures parity for workforce access regardless of primary language, cultural background, or race. The Commission shall, no later than fifteen months from the effective date of this act, report to the general court on the results of its investigation and study together with its finding, by filing the same with the clerks of the house of representatives and senate who shall forward the same to the secretary of the executive office of health and human services, the house and senate committees on ways and means, the joint committee on children, families, and persons with disabilities, and the joint committee on consumer protection and professional licensure.

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An Act relative to access to a decedent's electronic mail accounts

S930

SD802

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:49:50.477'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:49:50.4766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S930/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 930) of Cynthia Stone Creem for legislation relative to access to a decedent's electronic mail accounts. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the following chapter:- CHAPTER 201G. MASSACHUSETTS REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Section 1. Short title This chapter may be cited as the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act. Section 2. Definitions In this chapter: (1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) “Carries” means engages in the transmission of an electronic communication. (4) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (5) “Conservator” means a person appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator, special conservator, and those individuals specifically authorized under section 5-408 of chapter 190B. (6) “Content of an electronic communication” means information concerning the substance or meaning of the communication which: (A) has been sent or received by a user; (B) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (C) is not readily accessible to the public. (7) “Court” means the probate and family court department of the trial court and any other Massachusetts court having appellate jurisdiction over any ruling by the probate and family court. (8) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user. (10) “Digital asset” means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (12) “Electronic communication” has the meaning set forth in 18 U.S.C. Section 2510(12), as amended. (13) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication. (14) “Fiduciary” means an original, additional, or successor personal representative, conservator, agent or trustee. (15) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. (16) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (17) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (18) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under law of this commonwealth other than this chapter. (19) “Power of attorney” means a record that grants an agent authority to act in the place of a principal. (20) “Principal” means an individual who grants authority to an agent in a power of attorney. (21) “Protected person” means an individual for whom a conservator has been appointed. The term includes an individual for whom a petition for the appointment of a conservator is pending. (22) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (23) “Remote computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), as amended. (24) “Terms of service agreement” means an agreement that controls the relationship between a user and a custodian. (25) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court. (26) “User” means a person that has an account with a custodian. (27) “Will” includes a codicil, testamentary instrument that only appoints a personal representative, and an instrument that revokes or revises a testamentary instrument. Section 3. Applicability (a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) a conservatorship proceeding commenced before, on, or after the effective date of this chapter; and (4) a trustee acting under a trust created before, on, or after the effective date of this chapter. (b) This chapter applies to a custodian if the user resides in this commonwealth or resided in this commonwealth at the time of the user’s death. (c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. Section 4. Direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record made prior to the date of the direction made by the user using an online tool. (b) The user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user, and the provisions of such will or other record shall override a contrary direction by the user using an online tool that was made prior to the date of such will or other record. (c) A user’s direction under subsection (a) or (b) overrides (i) a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service and (ii) a contrary prior direction from the user under subsection (a) or (b). (d) If the online tool has not been utilized by the user or if the custodian has not provided an online tool and, in either case, if no direction regarding some or all of the digital assets is provided to the fiduciary in a will or other record, the fiduciary may petition a court for access to some or all of the user’s digital assets. The court shall grant such access unless it finds that the fiduciary is not acting in good faith or that such access is prohibited by applicable federal law. Section 5. Terms-of-service agreement (a) Except as otherwise provided in Section 4, this chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) Except as otherwise provided in Section 4, this chapter does not give a fiduciary any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary acts or represents. (c) A fiduciary’s access to digital assets may be modified or eliminated by a user, by federal law, or, subject to Section 4, by a terms-of-service agreement if the user has not provided a direction under Section 4(a) or Section 4(b) or the fiduciary has not obtained a court order issued under Section 4(d). Section 6. Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this chapter, the custodian shall, in accordance with the direction provided under Section 4(a) or Section 4(b) or a court order issued under Section 4(d): (1) if requested by the fiduciary or designated recipient, grant a fiduciary or designated recipient full access to the user’s account; (2) subject to Section 6(d), grant a fiduciary or designated recipient partial access to the user’s account to the extent that such partial access is requested by a fiduciary or designated recipient; or (3) at the option of the custodian, provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user’s digital assets; (2) all of the user’s digital assets to the fiduciary or designated recipient; (3) none of the user’s digital assets; or (4) all of the user’s digital assets to the court for review in camera. Section 7. Disclosure of content of electronic communications of deceased user If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) an attested copy of the letter of appointment of the personal representative or a small estate affidavit or court order; (4) unless the deceased user provided direction using an online tool, (i) a copy of the user’s will, trust or other record evidencing the user’s consent to disclosure of the content of electronic communications, (ii) a court order acknowledging that the user consented to the disclosure of the content of electronic communications to the personal representative under the user’s will, trust or other record or (iii) a court order issued under Section 4(d); and (5) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; or (C) a finding by the court that the deceased user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). Section 8. Disclosure of other digital assets of deceased user Unless the deceased user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) an attested copy of the letter of appointment of the representative or a small estate affidavit or court order; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; (C) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or (D) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or (ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. Section 9. Disclosure of content of electronic communications of principal To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (B) evidence linking the account to the principal. Section 10. Disclosure of other digital assets of principal Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (1) a written request for the disclosure in physical or electronic form; (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect and; (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (B) evidence linking the account to the principal. Section 11. Disclosure of digital assets held in trust when trustee is original user Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. Section 12. Disclosure of contents of electronic communications held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under chapter 203E that includes consent to disclosure of the content of electronic communications to the trustee; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (B) evidence linking the account to the trust. Section 13. Disclosure of other digital assets held in trust when trustee is not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument or a certification of the trust under chapter 203E; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (B) evidence linking the account to the trust. Section 14. Disclosure of digital assets to conservator of protected person (a) After an opportunity for a hearing under chapter 190B, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an attested copy of the court order that gives the conservator authority over the digital assets of the protected person; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or (B) evidence linking the account to the protected person. (c) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by an attested copy of the court order giving the conservator authority over the protected person’s property. Section 15. Fiduciary duty and authority (a) The user’s rights in digital assets, including the content of electronic communications, constitute property of the estate of the user to be managed consistent with the legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary’s authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 4, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) is limited by the scope of the fiduciary’s duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including section 120F of chapter 266 of the General Laws. (e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including section 120F of chapter 266 of the General Laws. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; (2) an attested copy of the letter of appointment of the representative or a small estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). Section 16. Custodian compliance and immunity (a) Not later than 60 days after receipt of the information required under sections 7 through 14, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (c) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request. (d) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (1) specifies that an account belongs to the protected person or principal; (2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter. (e) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Section 17. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 18. Relation to Electronic Signatures in Global and National Commerce Act This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of said act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of said act, 15 U.S.C. section 7003(b). Section 19. Severability If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. SECTION 2. This act shall take effect 1 year after its passage.

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An Act improving juvenile justice data collection

S931

SD815

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:29:56.42'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/S931/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 931) of Cynthia Stone Creem, Sal N. DiDomenico and Jason M. Lewis for legislation to improve data collection in the juvenile justice system. The Judiciary.

SECTION 1. The purpose of these provisions is to ensure that the Commonwealth establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts with officials in the law enforcement and juvenile justice systems. SECTION 2. Section 12(a) of Chapter 18C of the General Laws is hereby amended by inserting the words “or any law protecting the confidentiality of juvenile justice records and information” after “20K of chapter 233” SECTION 3. Chapter 18C of the General Laws is hereby further amended by inserting after section 14, the following section: Section 15. Collection and Reporting of Juvenile Justice Data (a) The child advocate shall report statistical data on the juvenile justice system annually by December 31st to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security, the house and senate chairs of the committee on children, families and persons with disabilities, the chief justice of the supreme judicial court and the chief justice of the trial court. The report, which shall be made public pursuant to reporting recommendations of the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include statistics on the utilization of the juvenile justice system at various process points as well as information on decisions made at justice system decision points impacting juveniles, as described in Section 89 and Section 90 of Chapter 119 of the General Laws. (b) The child advocate shall request data from relevant Offices and Departments holding data necessary to complete the aforementioned report at least annually and may request data be provided on a quarterly basis. (c) The Child Advocate shall issue guidance, in consultation with the Juvenile Justice Policy and Data Board, for the administration and enforcement of this section, including guidance establishing (1) schedules for the submission, transmission and publication of the data (2) the format and form that the aforementioned data from Offices and Departments shall take, including any requirements that data should be available for analysis or disaggregation, and the format that transmission of the data shall take (3) the categories and types of data on juvenile interactions with the justice system to be submitted by each agency. The child advocate may request, and all Offices and Departments subject to this law shall provide, individual-level data to facilitate analysis, provided that the child advocate shall be bound by any limitations on the use or release of such individual-level data imposed by law upon the party furnishing such information as described in Section 12 of this chapter. (d) The guidance required by subsection (c) shall, at minimum, require data be provided in such a way as to allow cross tabulated analysis by demographic subgroups including, at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or ethnicity category, sexual orientation, charge type and level, geographic location such as county or court location, involvement with the Department of Children and Families and any combination thereof. The Child Advocate shall provide guidance about the manner in which demographic data is designated and collected, with consideration of the juveniles’ self-reporting of such categories based on data reporting standards issued by the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119. SECTION 4. Section 89 of chapter 119 of the General Laws, as appearing in section 80 of chapter 69 of the acts of 2018, is hereby amended by inserting after the definition of “criminal justice agency” the following paragraph:- “Gender identity” shall be defined pursuant to clause 59 of section 7 of chapter 4 of the General Laws SECTION 5. Section 89 of said chapter 119, as so appearing, is hereby further amended by inserting after the definition of “racial or ethnic category” the following paragraph:- “Sexual orientation”, having an orientation for or being identified as having an orientation, for heterosexuality, bisexuality, or homosexuality. SECTION 6. Subsection (b) of section 89 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking the words “mental health care system”, and inserting in place thereof the words “mental health care and child welfare systems” SECTION 7. Chapter 119 of the General Laws, as appearing in section 80 of chapter 69 of the acts of 2018, is hereby amended by inserting after section 89 the following section: Section 90. Collection and Reporting of Juvenile Justice Data (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meaning:— (1) “Justice system decision point” shall refer to set points in the justice process where a criminal justice agency makes a decision which results in a change in a juvenile’s status, including, but not limited to: decisions to refer a juvenile to a diversion program; to arrest a juvenile or issue a court summons; to hold a juvenile in custody prior to arraignment; to file a delinquency or criminal complaint; to advance a delinquency or criminal complaint; to proceed with a prosecution; to make a finding as to legal competency; to issue an indictment; to arraign a juvenile; to dismiss a case; to hold a hearing regarding dangerousness; to detain a juvenile without bail; to transfer a case to district or superior Court; to impose bail; to impose pretrial release conditions; to place a juvenile on an electronic monitoring device, either as a condition of pretrial release, as a condition of probation after disposition of a case to revoke bail; to order a juvenile to be held in detention; to continue a case without a finding; to adjudicate a juvenile; to issue a disposition; to place a juvenile on probation; to issue probation conditions; to commit a juvenile to the Department of Youth Services; to sentence a juvenile to serve time in an adult custodial facility; to refer a juvenile to a court for a probation violation; to revoke a juvenile’s probation; to confine a juvenile; to change a juvenile’s placement type in a custodial facility; to issue a grant of conditional liberty; to grant or revoke a grant of conditional liberty; to grant parole after an initial parole hearing; to grant parole after a subsequent review hearing; to revoke parole; to certify or deny sealing or expungement petition, pursuant to sections 100B, 100F and 100G of Chapter 276 of the General Laws. (2) “Juvenile” shall be defined pursuant to Section 89 of Chapter 119 of the General Laws. (b) All criminal justice agencies, as defined by Section 89 of Chapter 119 of the General Laws, shall comply with data requests from the child advocate pursuant to section 15 of Chapter 18C regarding decisions made impacting juveniles at justice system decision points. The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. (c) The department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any police or law enforcement officer stationed at or affiliated with a local education authority, and any contractor, vendor or service-provider working with such police including any alternative lock-up programs, shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) referral to and/or use of diversion programming; and (2) custodial arrests and issuance of court summons (d) Clerk magistrates shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) application for complaint filed; (2) finding of probable cause; (3) diversion from further court proceedings, including referral to and/or use of diversion programming; (4) complaint issued; (5) appeal to judge of the finding by the clerk magistrate; and (6) complaint issued after appeal. (e) The district attorneys shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) decision not to proceed with prosecution, including but not limited to entering a nolle prosequi or moving to dismiss a case; (2) diversion from further court proceedings, including referral to and/or use of diversion programming; (3) decision to proceed with dangerousness hearing pursuant to section 58A of chapter 276 (4) indictment as a youthful offender; (5) dismissal of indictment/dismissal of indictment in exchange for other action; and (6) prosecution in criminal court under section 74 of chapter 119 of the General Laws. (f) The juvenile court department shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) arraignment as a delinquent (2) arraignment as a youthful offender; (3) diversion from further court proceedings, including referral to and/or use of diversion programming pursuant to section 54A of chapter 119 of the General Laws; (4) court hearing on dangerousness pursuant to section 58A of chapter 276 of the General Laws; (5) competency hearing; (6) transfer of case to adult criminal court under section 72A of chapter 119 of the General Laws; (7) imposition of bail or order to hold without bail; (8) imposition of pretrial release conditions, including pre-trial probation pursuant to section 87 of chapter 276 of the General Laws; (9) bail revocation hearings; (10) cases which are continued without a finding pursuant to section 18 of chapter 278 and to section 58 of chapter 119 of the General Laws; (11) dismissal of charges; (12) adjudication as a delinquent; (13) adjudication as a youthful offender; (14) imposition of an adult sentence pursuant to section 58 of chapter 119 of the General Laws; (15) disposition, including but not limited to: i. sentence to probation; ii. commitment to the department of youth services pursuant to section 58 of chapter 119 of the General Laws; (16) commitment to the department of youth services pursuant to section 2 of chapter 279 of the General Laws that are suspended; (17) juvenile surrendered on criminal and non-criminal violations of probation; (18) commitments to department of youth services following a probation violation; and (19) revocation of a continuation without a finding pursuant to pursuant to section 18 of chapter 278 and to section 58 of chapter 119 of the General Laws; (g) The office of the commissioner of probation shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) referral to and/or use of diversion programming; (2) supervision of pre-trial probation; (3) supervision of continuances without a finding; (4) supervision of juvenile on probation; and (5) referral to the court for a probation violation. (6) number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100B of Chapter 276 of the General Laws; (7) number of petitions and number of allowances and denials of petitions for expungement, pursuant to sections 100F, 100G and 100H of Chapter 276 of the General Laws; (8) number of petitions and number of allowances and denials of petitions for expungement, pursuant to section 100K of Chapter 276 of the General Laws; (9) number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100A of Chapter 276 of the General Laws; (10) number of juveniles on GPS monitoring, disaggregated by race, ethnicity, gender, county, court, length of time on GPS (h) The department of youth services and any contractor, vendor or service provider working with said department including alternative lock-up programs shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) pre-arraignment detention; (2) pre-trial detention; (3) commitment; (4) placement type, including, but not limited to, security level (5) notice of revocation of grants of conditional liberty; (6) hearing on grants of conditional liberty; and (7) revocation of grants of conditional liberty for violation of conditions of liberty; and (8) voluntary extensions of commitments with the department of youth services. (i) The district and superior court shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) arraignment for murder in the first degree and murder in the second degree; and (2) convictions. (j) The department of correction and each sheriff’s department shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) pre-arraignment detention; (2) pre-trial detention; (3) post-disposition confinement of youthful offenders; and (4) post-conviction confinement for murder. (k) The parole board shall collect and provide the necessary information to comply with the data request from the child advocate pursuant to Section 15 of Chapter 18C for each juvenile subjected to the following contacts for each fiscal year, provided on a quarterly basis if requested by the child advocate: (1) grant of parole after an initial parole hearing; (2) grant of parole after a subsequent review hearing; (3) supervision of parole; and (4) revocation of parole. (l) The Executive Office of Public Safety and Security shall be responsible for assembling the data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by the below offices and departments. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. 1. The Commissioner of the Department of Correction 2. Sheriffs of each County; 3. The Parole Board; 4. The Department of the State Police; 5. Municipal police departments; 6. The Massachusetts Bay Transportation Authority Police; 7. School based police, including those from any local education authority; 8. Alternative Lock-up Programs; and 9. any other contractor, vendor or service provider working with school based or other police officers. (m) The Massachusetts District Attorneys Association shall be responsible of assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by District Attorney’s Offices. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (n) The Court Administrator shall be responsible for assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collected by judicial officers and court personnel including the Commissioner of Probation, judicial officers and court personnel, and the Executive Director of Community Correction. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (o) The Department of Youth Services shall be responsible for assembling data requested by the child advocate pursuant to Section 15 of Chapter 18C collect by all department personnel, contractors or vendors working with the Department. Said data shall be provided to the Office of the Child Advocate no later than 75 days after the end of the fiscal year or quarter if the child advocate requests data on a quarterly basis. (p) Notwithstanding any law to the contrary, the child advocate may request, and all Offices and Departments subject to this law shall provide upon request, individual level data to facilitate analysis by the Office of the Child Advocate, provided that the child advocate shall be bound by any limitations on the use or release of such individual-level data imposed by law upon the party furnishing such information as described in Section 12 of Chapter 18C. Any individual data described or acquired under the provisions of this section shall be used only for statistical purposes and may not be disseminated if it contains data that reveal the identity of an individual who had contact with the juvenile justice system within the meaning of this chapter. (q) If any Offices or Departments subject to this law are unable to fulfill the data request made by the child advocate, in whole or in part, they shall submit to the child advocate a report detailing what data could not be provided, stating clearly the reason data could not be provided, and clearly documenting the efforts the Office or Department has made and will make to ensure data can be provided in the future. If the data cannot be provided due to budgetary constraints, the Office or Department shall provide a budget detailing the additional funding required to fulfill the data request. These reports on data availability shall be included in the annual juvenile justice data report of the child advocate pursuant to Section 15 of Chapter 18C and shall be a matter of public record.

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An Act relative to the preservation of certain appellate rights

S932

SD825

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:58:28.343'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:58:28.3433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S932/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 932) of Cynthia Stone Creem for legislation to preserve certain appellate rights. The Judiciary.

Chapter 233 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following new section:- Section 84. In a criminal proceeding, a written motion in limine shall be sufficient to preserve an objection for appellate purposes, regardless of whether the objection is orally renewed at trial, unless the trial judge specifically states that the issue must be raised again at trial in order to be considered on the record as it then stands.

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An Act to modernize the administration of registered land under Chapter 185 of the General Laws

S933

SD868

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T15:12:51.927'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T15:12:51.9266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S933/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 933) of Cynthia Stone Creem for legislation to modernize the administration of registered land under Chapter 185 of the General Laws. The Judiciary.

SECTION 1. Chapter 185 of the General Laws is hereby amended by striking out section 52 and inserting in place thereof the following section:- Section 52. The obtaining of a judgment of registration and the entry of a certificate of title shall be regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff's successors in title that the land shall be and forever remain registered land and subject to this chapter unless withdrawn under this section or section 16 of chapter 183A and except as provided in section 26. If all of a parcel of land, the title to which is registered under this chapter, is acquired by the commonwealth, any agency, department, board, commission or authority of the commonwealth, any political subdivision of the commonwealth or any authority of any political subdivision of the commonwealth, the filing of the taking by the authority or the issuance of a certificate of title in the name of the authority shall be a sufficient ground for withdrawal of the registered land from this chapter. The land so acquired shall be withdrawn upon the filing with the land court of a “notice of withdrawal by public entity,” a certified copy of which shall be filed in the registry district where the land lies. All the owners of the fee simple estate in all of a parcel of land, the title to which has been registered under this chapter, may voluntarily withdraw the registered land from this chapter by filing a notice of voluntary withdrawal with the land court together with: (a) a report by an examiner of titles appointed pursuant to section 12 certifying as to the identity of the record owner and any mortgagees or lessees of record having an interest in the registered land; and (b) an attorney’s affidavit certifying that notice of an intention to file the notice of voluntary withdrawal has been given by certified mail to all mortgagees and lessees of record appearing on the report by the examiner of title so appointed. If no objection has been filed by a mortgagee or lessee of record within thirty (30) days following the date of filing of the notice of voluntary withdrawal with the land court, a justice of the court shall approve and endorse the plaintiff's notice of voluntary withdrawal. Notwithstanding the filing of an objection within thirty (30) days, the notice of voluntary withdrawal shall be endorsed by a justice of the land court unless the court determines that there is good cause for the objection. Upon endorsement by a justice of the land court, the notice of voluntary withdrawal shall be noted on the memorandum of encumbrances for the certificate of title and recorded with the registry of deeds for the district within which the land lies, whereupon the land shall be withdrawn from this chapter and shall become unregistered land. The owners shall hold title to the land free of all liens and encumbrances, including adverse possession and prescriptive rights, existing as of the date the notice of voluntary withdrawal is noted on the memorandum of encumbrances, as though a judgment of confirmation without registration had been recorded under section 56A; provided, however, that the owners shall not hold title free of the encumbrances set forth or referred to in section 46 and those noted on the certificate of title or filed for registration before the date the notice of voluntary withdrawal is noted on the memorandum of encumbrances. As used in this section, ''notice of voluntary withdrawal'' shall mean an instrument in writing signed and acknowledged by all owners of the land to be voluntarily withdrawn, as evidenced by the report by the examiner filed with the notice and attorney’s affidavit as provided above, and that contains the following information: names and addresses of all owners; the certificate of title number with the registration book and page numbers; the description of the land in the form contained in the certificate of title; and the street address of the land, if any. The owner shall deposit with the recorder a sum sufficient to cover costs of the proceeding. Upon filing with the court, the notice of voluntary withdrawal shall be presented for the endorsement of a justice of the court approving the voluntary withdrawal as provided in this section. The justices of the land court shall establish rules and practices, including an appropriate filing fee for the notice of voluntary withdrawal, as necessary to implement this section. SECTION 2. Section 114 of said chapter 185 is hereby amended by striking out section 114 and inserting in place thereof the following section:- Section 114. No erasure, alteration or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the recorder or an assistant recorder, except in an instance in which the assistant recorder determines that a clerical error or omission has been made in the entry of the certificate of title or memorandum thereon, and otherwise by order of the court. A registered owner or other person in interest may apply by motion to the court upon the ground that registered interests of any description, whether vested, contingent, expectant or inchoate, have terminated and ceased; or that new interests not appearing upon the certificate have arisen or been created; or that any error or omission was made in entering a certificate or any memorandum thereon; or that the name of any person on the certificate has been changed; or that the registered owner has married, or if registered as married, that the marriage has been terminated; or upon any other reasonable ground; and the court may hear and determine the motion after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms, requiring security if necessary, as it may consider proper; but this section shall not authorize the court to open the original judgment of registration, and nothing shall be done by the assistant reorder or ordered by the court that shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs or assigns, without his or their written consent.

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An Act relative to the elective share of surviving spouses

S934

SD910

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:35:24.117'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:35:24.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S934/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 934) of Cynthia Stone Creem for legislation relative to the elective share of surviving spouses. The Judiciary.

SECTION 1. PART 2, Sections 2-201 to 2-299. [Reserved] of chapter 190B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended to read in its entirety as follows: Section 2-201. Definitions. In this Part: (1) As used in sections other than Section 2-205, “decedent’s nonprobate transfers to others” means the amounts that are included in the augmented estate under Section 2-205. (2) “Fractional interest in property held in joint tenancy with the right of survivorship” whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants. (3) “Marriage” as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent’s surviving spouse. (4) “Nonadverse party” means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that he or she possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is deemed to have a beneficial interest in the property. (5) “Power” or “power of appointment” includes a power to designate the beneficiary of a beneficiary designation. (6) “Presently exercisable general power of appointment” means a power of appointment under which, at the time in question, the decedent, whether or not he or she then had the capacity to exercise the power, held a power to create a present or future interest in himself or herself, his or her creditors, his or her estate, or creditors of his or her estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. (7) "Probate estate" means property that would pass by intestate succession if the decedent died without a valid will. (8) “Property” includes values subject to a beneficiary designation. (9) “Right to income” includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement. (10) “Transfer” as it relates to a transfer by or of the decedent, includes (i) an exercise or release of a presently exercisable general power of appointment held by the decedent, (ii) a lapse at death of a presently exercisable general power of appointment held by the decedent, and (iii) an exercise, release, or lapse of a general power of appointment that the decedent created in himself or herself and of a power described in Section 2-205(2)(ii) that the decedent conferred on a nonadverse party. (11) For purposes of Sections 2-201 through 2-214 of this Part, ownership interests of a party during lifetime shall be determined in accordance with the following rules: (a) “Net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied for the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. (b) An account belongs to the parties in proportion to the net contribution of each to the sums of deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount. (c) A beneficiary in an account having a POD (pay on death) designation has no right to sums on deposit during the lifetime of any party. (d) An agent in an account with an agency designation has no beneficial right to sums on deposit. Section 2-202. Elective Share. (a) [Elective-Share Amount.] Except as provided in section thirty-six of chapter two hundred and nine, the surviving spouse of a decedent who dies domiciled in the Commonwealth has a right of election, under the limitations and conditions stated in this Part, to take an elective-share amount equal to 50 percent of the value of the marital-property portion of the augmented estate. (b) [Supplemental Elective-Share Amount.] If the sum of the amounts described in Sections 2-207, 2-209(a)(1), and that part of the elective-share amount payable from the decedent’s net probate estate and nonprobate transfers to others under Section 2-209(c) and (d) is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent’s net probate estate and from recipients of the decedent’s nonprobate transfers to others in the order of priority set forth in Section 2-209(c) and (d). (c) [Effect of Election on Statutory Benefits.] If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse’s exempt property and family allowance, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts. (d) [Non-Domiciliary.] The right, if any, of the surviving spouse of a decedent who dies domiciled outside the Commonwealth to take an elective share in property in the Commonwealth is governed by the law of the decedent’s domicile at death. Section 2-203. Composition of the Augmented Estate; Marital-Property Portion. (a) Subject to Section 2-208, the value of the augmented estate, to the extent provided in Sections 2-204, 2-205, 2-206, and 2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute: (1) the decedent’s net probate estate; (2) the decedent’s nonprobate transfers to others; (3) the decedent’s nonprobate transfers to the surviving spouse; and (4) the surviving spouse’s property and nonprobate transfers to others. (b) The value of the marital-property portion of the augmented estate consists of the sum of the values of the four components of the augmented estate as determined under subsection (a) multiplied by the following percentage: If the decedent and the spouse were married to each other: The percentage is: Less than 1 year 3% 1 year but less than 2 years 6% 2 years but less than 3 years 12% 3 years but less than 4 years 18% 4 years but less than 5 years 24% 5 years but less than 6 years 30% 6 years but less than 7 years 36% 7 years but less than 8 years 42% 8 years but less than 9 years 48% 9 years but less than 10 years 54% 10 years but less than 11 years 60% 11 years but less than 12 years 68% 12 years but less than 13 years 76% 13 years but less than 14 years 84% 14 years but less than 15 years 92% 15 years or more 100% Section 2-204. Decedent's Net Probate Estate. The value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses and family allowances, exempt property, and enforceable claims. Section 2-205. Decedent's Nonprobate Transfers to Others. The value of the augmented estate includes the value of the decedent’s nonprobate transfers to others, not included under Section 2-204, of any of the following types, in the amount provided respectively for each type of transfer: (1) Property owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent’s death. Property included under this category consists of: (i) Property over which the decedent alone, immediately before death, held a presently exercisable general power of appointment. The amount included is the value of the property subject to the power, to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse. (ii) The decedent’s fractional interest in property held by the decedent in joint tenancy with the right of survivorship. The amount included is the value of the decedent’s fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent’s death to a surviving joint tenant other than the decedent’s surviving spouse. (iii) The decedent’s ownership interest in property or accounts held in POD, TOD, or co ownership registration with the right of survivorship. The amount included is the value of the decedent’s ownership interest, to the extent the decedent’s ownership interest passed at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse. (iv) Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. The amount included is the value of the proceeds, to the extent they were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse. (2) Property transferred in any of the following forms by the decedent during marriage: (i) Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent the decedent’s right terminated at or continued beyond the decedent’s death. The amount included is the value of the fraction of the property to which the decedent’s right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent’s estate or surviving spouse. (ii) Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a nonadverse party, to or for the benefit of the decedent, creditors of the decedent, the decedent’s estate, or creditors of the decedent’s estate. The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent’s death to or for the benefit of any person other than the decedent’s surviving spouse or to the extent the property passed at the decedent’s death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent’s estate or surviving spouse. If the power is a power over both income and property and the preceding sentence produces different amounts, the amount included is the greater amount. (3) Property that passed during marriage and during the two year period next preceding the decedent’s death as a result of a transfer by the decedent if the transfer was of any of the following types: (i) Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under paragraph (1)(i), (ii), or (iii), or under paragraph (2), if the right, interest, or power had not terminated until the decedent’s death. The amount included is the value of the property that would have been included under those paragraphs if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent’s estate, spouse, or surviving spouse. As used in this subparagraph, “termination,” with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise, but, with respect to a power described in paragraph (1)(i), “termination” occurs when the power terminated by exercise or release, but not otherwise. (ii) Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under paragraph (1)(iv) had the transfer not occurred. The amount included is the value of the insurance proceeds to the extent the proceeds were payable at the decedent’s death to or for the benefit of any person other than the decedent’s estate or surviving spouse. (iii) Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent’s surviving spouse. The amount included is the value of the transferred property to the extent the transfers to any one donee in either of the two years exceeded the amount excludable from taxable gifts under 26 U.S.C. Section 2503(b) or its successor on the date next preceding the date of the decedent’s death. Section 2-206. Decedent's Nonprobate Transfers to the Surviving Spouse. Excluding property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including: (1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant, (2) the decedent's ownership interest in property or accounts held in co ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co owner, and (3) all other property that would have been included in the augmented estate under Section 2 205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors. Section 2-207. Surviving Spouse's Property and Nonprobate Transfers to Others. (a) [Included Property.] Except to the extent included in the augmented estate under Section 2 204 or 2 206, the value of the augmented estate includes the value of: (1) property that was owned by the decedent's surviving spouse at the decedent's death, including: (i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship, (ii) the surviving spouse's ownership interest in property or accounts held in co ownership registration with the right of survivorship, and (iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to family allowance, exempt property, or payments under the federal Social Security system; and (2) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection (a)(1)(i) or (ii), had the spouse been the decedent. (b) [Time of Valuation.] Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection (a)(1)(i) and (ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co owner of the property or accounts. For purposes of subsection (a)(2), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under Section 2 205(1)(iv) are not valued as if he or she were deceased. (c) [Reduction for Enforceable Claims.] The value of property included under this section is reduced by enforceable claims against the surviving spouse. Section 2-208. Exclusions, Valuation, and Overlapping Application. (a) [Exclusions.] The value of any property is excluded from the decedent’s nonprobate transfers to others (i) to the extent the decedent received adequate and full consideration in money or money’s worth for a transfer of the property or (ii) if the property was transferred with the written joinder of, or if the transfer was consented to in writing before or after the transfer by, the surviving spouse. (b) [Valuation.] The value of property: (1) included in the augmented estate under Section 2-205, 2-206, or 2-207 is reduced in each category by enforceable claims against the included property; and (2) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security system. (c) [Overlapping Application; No Double Inclusion.] In case of overlapping application to the same property of the paragraphs or subparagraphs of Section 2-205, 2-206, or 2-207, the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if they all yield the same value. Section 2-209. Sources from Which Elective Share Payable. (a) [Elective-Share Amount Only.] In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s net probate estate and recipients of the decedent’s nonprobate transfers to others: (1) amounts included in the augmented estate under Section 2-204 which pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under Section 2-206; and (2) the marital-property portion of amounts included in the augmented estate under Section 2-207 (b) [Marital Property Portion.] The marital-property portion under subsection (a)(2) is computed by multiplying the value of the amounts included in the augmented estate under Section 2-207 by the percentage of the augmented estate set forth in the schedule in Section 2-203(b) appropriate to the length of time the spouse and the decedent were married to each other. (c) [Unsatisfied Balance of Elective-Share Amount; Supplemental Elective-Share Amount.] If, after the application of subsection (a), the elective-share amount is not fully satisfied, or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent’s net probate estate, other than assets passing to the surviving spouse by testate or intestate succession, and in the decedent’s nonprobate transfers to others under Section 2-205(1), (2), and (3)(i) or (iii), are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent’s net probate estate and that portion of the decedent’s nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is apportioned among the recipients of the decedent’s net probate estate and of that portion of the decedent’s nonprobate transfers to others in proportion to the value of their interests therein. (d) [Unsatisfied Balance of Elective-Share and Supplemental Elective-Share Amount.] If, after the application of subsections (a) and (c), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent’s nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is apportioned among the recipients of the remaining portion of the decedent’s nonprobate transfers to others in proportion to the value of their interests therein. (e) [Unsatisfied Balance Treated as General Pecuniary Devise.] The unsatisfied balance of the elective-share or supplemental elective-share amount as determined under subsection (c) or (d) is treated as a general pecuniary devise for purposes of Section 3-904. Section 2-210. Personal Liability of Recipients. (a) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to him or her or to pay the value of the amount for which he or she is liable. (b) If any section or part of any section of this Part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in Section 2 209, to the person who would have been entitled to it were that section or part of that section not preempted. Section 2-211. Proceeding for Elective Share; Time Limit. (a) Except as provided in subsection (b), the election must be made by filing in the Court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within six months after the probate of the decedent's will, whichever limitation later expires. The surviving spouse must give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in subsection (b), the decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective-share, if the petition is filed more than nine months after the decedent's death. (b) Within nine months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others, the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts, if the spouse makes an election by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within the time allowed by the extension. (c) The surviving spouse may withdraw his or her demand for an elective share at any time before entry of a final determination by the court. (d) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under Sections 2-209 and 2-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he or she would have been under Sections 2-209 and 2-210 had relief been secured against all persons subject to contribution. (e) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this State or other jurisdictions. Section 2-212. Right of Election Personal to Surviving Spouse; Incapacitated Surviving Spouse. (a) [Surviving Spouse Must Be Living at Time of Election.] The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under Section 2-211(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse’s behalf by his or her conservator, guardian, or agent under the authority of a power of attorney. (b) [Incapacitated Surviving Spouse.] If the election is exercised on behalf of a surviving spouse who is an incapacitated person, that portion of the elective-share and supplemental elective-share amounts due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others under Section 2-209(c) and (d) must be placed in a custodial trust for the benefit of the surviving spouse under the provisions of the Massachusetts Uniform Custodial Trust Act, except as modified below. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. For purposes of the custodial trust established by this subsection, (i) the electing guardian, conservator, or agent is the custodial trustee, (ii) the surviving spouse is the beneficiary, and (iii) the custodial trust is deemed to have been created by the decedent spouse by written transfer that takes effect at the decedent spouse’s death and that directs the custodial trustee to administer the custodial trust as for an incapacitated beneficiary. (c) [Custodial Trust.] For the purposes of subsection (b), the Massachusetts Uniform Custodial Trust Act must be applied as if Section 6(b) thereof were repealed and Sections 2(e), 9(b), and 17(a) were amended to read as follows: (1) Neither an incapacitated beneficiary nor anyone acting on behalf of an incapacitated beneficiary has a power to terminate the custodial trust; but if the beneficiary regains capacity, the beneficiary then acquires the power to terminate the custodial trust by delivering to the custodial trustee a writing signed by the beneficiary declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary. (2) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order but with regard to other support, income, and property of the beneficiary and benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the beneficiary must qualify on the basis of need. (3) Upon the beneficiary’s death, the custodial trustee shall transfer the unexpended custodial trust property in the following order: (i) under the residuary clause, if any, of the will of the beneficiary’s predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the beneficiary; or (ii) to that predeceased spouse’s heirs under Section 2-711 of Massachusetts Uniform Probate Code. Section 2-213. Waiver of Right to Elect and of Other Rights. (a) [Scope]. A waiver is enforceable against the surviving spouse if it is enforceable under (i) this section or (ii) the law governing the enforceability of the waiver where and when it was executed. (b) [Waiver Before or After Marriage]. The right of election of a surviving spouse and the rights of the surviving spouse to exempt property, family allowance, and intestate share, or any of them, may be waived, wholly or partially, before or after marriage, unilaterally or pursuant to an agreement contained in a record signed by the surviving spouse. (c) [Consideration Unnecessary]. Consideration is not necessary to the enforcement of a waiver. (d) [Requirements for Enforceability; Burden of Persuasion]. For a waiver to be enforceable against the surviving spouse, the spouse’s waiver must have been informed and not obtained by fraud, undue influence, or duress. Except as otherwise provided in subsection (e), the enforcing party has the burden of persuasion to establish that the spouse’s waiver was informed. The surviving spouse has the burden of persuasion to establish that the waiver was obtained by fraud, undue influence, or duress. (e) [Presumption]. A rebuttable presumption arises that the surviving spouse’s waiver was informed, shifting the burden of persuasion to the surviving spouse to establish that his or her waiver was not informed, if the enforcing party establishes that: (1) before the waiver was executed, (i) the surviving spouse knew, at least approximately, the decedent’s assets and asset values, income, and liabilities; or (ii) the decedent or his or her representative provided in timely fashion to the surviving spouse a written statement accurately disclosing the decedent’s significant assets and asset values, income, and liabilities; and either (2) the surviving spouse was represented by independent legal counsel; or (3) if the surviving spouse was not represented by independent legal counsel, (i) the decedent or the decedent’s representative advised the surviving spouse, in timely fashion, to obtain independent legal counsel, and offered to advance sufficient funds to pay for the reasonable costs of the surviving spouse’s representation or to reimburse those costs; and (ii) the waiver stated, in language easily understandable by an adult of ordinary intelligence with no legal training, the nature of any rights or claims otherwise arising at death that were altered by the waiver, and the nature of that alteration. (f) [Unconscionability]. A waiver is unenforceable if it was unconscionable when it was executed. An issue of unconscionability of a waiver is for decision by the court as a matter of law. (g) [Waiver of “All Rights”]. Unless it provides to the contrary, a waiver of “all rights”, or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to him or her from the other by intestate succession or by virtue of any will executed before the waiver or property settlement. Section 2-214. Protection of Payors and Other Third Parties. (a) Although under Section 2 205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed. (b) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property, and, upon its determination under Section 2 211(d), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under Section 2 211(a) or, if filed, the demand for an elective share is withdrawn under Section 2 211(c), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited. (c) Upon petition to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this Part. SECTION 2. Section 2-801 of said chapter 190B, is hereby amended by striking out subsection (j) and inserting in place thereof the following subsection: (j) Except for the provisions of subsection (h), this section shall not abridge the right of any person to disclaim, waive, release, renounce, or abandon any interest in property under section 2-201 or any other statute or rule of law. SECTION 3. Sections 15 and 16 of chapter 191 of the General Laws are hereby repealed. SECTION 4. This act shall apply to pre-existing governing instruments, except that none of its provisions shall apply to governing instruments that became irrevocable prior to the effective date of this act.

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An Act relating to costs of appeals by the Commonwealth

S935

SD913

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:42:46.913'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:42:46.9133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S935/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 935) of Cynthia Stone Creem for legislation relative to costs of appeals by the Commonwealth. The Judiciary.

SECTION 1. Section 28E of Chapter 278 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after the third paragraph thereof, the following paragraph: A defendant who is not indigent, as defined by Chapter 211D of the General Laws, and is therefore not entitled to public representation, is responsible for his own costs on appeal, unless the Commonwealth loses the appeal or the Commonwealth’s application thereof is denied. In such cases, a defendant is entitled to be reimbursed for the costs he incurred as a result of the appeal, including reasonable attorney’s fees, subject to approval of the court.

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An Act relative to expungement of juvenile and young adult records

S936

SD1231

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:15:28.48'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:15:28.48'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T12:01:03.96'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-08T11:58:56.8633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:22:37.72'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-09T14:31:18.6666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S936/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 936) of Cynthia Stone Creem and Sal N. DiDomenico for legislation to expunge juvenile and young adult records. The Judiciary.

SECTION 1. The first paragraph of Section 60A of chapter 119 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first sentence. SECTION 2. Said first paragraph of Section 60A of chapter 119 of the General Laws, is hereby further amended by striking out in line 4 of the second sentence the word “other” and by inserting between the words “delinquency” and “arising” in lines 4 and 5, the following words:- and youthful offender proceedings SECTION 3. Section 100E of chapter 276 of the General Laws is hereby amended by striking the definition “Expunge”, “expunged”, or “expungement” and inserting in place thereof:- “Expunge”, “expunged”, or “expungement”, the permanent erasure or destruction of a record so that the record is no longer accessible to, or maintained by, the court, any criminal justice agencies or any other state agency, municipal agency or county agency. Nothing in this Section shall be construed to prohibit the maintenance of information relating to an offense after records or files concerning the offense have been expunged if the information is kept in a manner that does not enable identification of the petitioner. This information may only be used for statistical and bona fide research purposes. If the record contains information on a person other than the petitioner, it may be maintained with all identifying information of the petitioner permanently obliterated or erased. SECTION 4. Section 100E of chapter 276 of the General Laws is hereby further amended by striking the words “or disposition of an offense” in the definition of “record” and inserting in place there of the following words:- “or disposition of any offense” SECTION 5. The first sentence of subsection (a) of section 100F of chapter 276 of the General Laws, as appearing in section 95 of Chapter 253 of the Acts of 2020, is hereby amended by striking the following words:- “not more than 2” SECTION 6. The first sentence of subsection (a) of section 100H of chapter 276 of the General Laws, as appearing in Section 97 of Chapter 253 of the Acts of 2020 is hereby amended by striking the following words, “who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction” and inserting in place thereof the following words:- “who has any criminal or juvenile record where the disposition did not include an adjudication or conviction” SECTION 7. Clause (a)(3) of section 100I of chapter 276 of the General Laws, as appearing in Section 98 of Chapter 253 of the Acts of 2020 is hereby amended by striking the clause and inserting in place thereof the following words:- (3) all offenses that are the subject of the petition to expunge the record or records, including any period of incarceration, custody or probation, occurred not less than 7 years before the date on which the petition was filed if the record or records that are the subject of the petition include a felony unless the offense was an offense tried in juvenile court, and not less than 3 years before the date on which the petition was filed if the record or records that are the subject of the petition only include a misdemeanor or misdemeanors or offenses tried in juvenile court; SECTION 8: Section 100J of chapter 276 of the General Laws, is hereby amended by striking out, section 100J, and inserting in place thereof the following section: Section 100J. None of the following offenses are eligible for expungement under section 100F, 100G, or 100H: (1) conviction for any offense resulting death or serious bodily injury as defined pursuant to section 13K of chapter 265; (2) conviction for any sex offense that can never be sealed under section 178G of chapter 6 of the General Laws; or (3) conviction of a violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, chapter 209A, section 15 of chapter 209C, or chapter 258E. SECTION 9. Chapter 276 of the General Laws is hereby amended by inserting after section 100U, the following two sections:- Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a person under the age of criminal majority, law enforcement and criminal justice agencies shall no longer transmit fingerprints and any records related to the arrest or filing of a court case against the person to the Federal Bureau of Investigation or the Department of Justice for any offense that occurred before the age of criminal majority, except for purposes of requesting that the Federal Bureau of Investigation or the Department of Justice seal or expunge its records as required by section 100T of this chapter and section 36 of chapter 22C of the General laws. Section 100W. The office of the commissioner of probation shall collect and annually report on: a) the number of petitions and number of allowances and denials on petitions for sealing, pursuant to sections 100B and 100C, separately, of Chapter 276 of the General Laws; b) the number of petitions and number of allowances and denials of petitions for expungement, pursuant to sections 100F, 100G and 100H, separately, of Chapter 276 of the General Laws c) the number of petitions and number of allowances and denials of petitions for expungement, pursuant to section 100K of Chapter 276 of the General Laws; and d) the number of petitions and number of allowances and denials on petitions for sealing, pursuant to section 100A of Chapter 276 of the General Laws. e) the number of denials pursuant to sections 100I and 100J, separately, of Chapter 276 of the General Laws. Said report shall submitted to the joint committee chairs of the joint committee on the judiciary and the clerks of the house of representatives and senate to the house and senate no later than 75 days after the end of the fiscal year and made available to the public.

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An Act to clarify the rights of joint owners of real property and abolish certain inconsistent or archaic rules

S937

SD1233

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:24:00.62'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:24:00.62'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S937/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 937) of Cynthia Stone Creem for legislation to clarify the rights of joint owners of real property and abolish certain inconsistent or archaic rules. The Judiciary.

SECTION 1. Section 7 of chapter 184 of the General Laws is hereby amended by striking out the second sentence and inserting the following three sentences: The instrument of conveyance or devise may specify the percentage interest to be held by each party. A conveyance or devise to two or more persons as tenants in common or as joint tenants, or a declaration of such a tenancy as provided in section 8, shall create the tenancy stated in the instrument or devise, without regard to whether the percentage interests of those persons are equal. A conveyance or devise of land to a person and his spouse shall, if the instrument creating the conveyance or devise expressly so states, vest in the grantees or devisees a tenancy by the entirety; SECTION 2. Said section 7 is hereby further amended by adding at the end of said section the following sentence: The term “land” as used in this section shall include any interest in land. SECTION 3. Said chapter 184 is hereby amended by striking section 8 and inserting in place thereof the following section: Section 8. Real estate may be transferred or devised to two or more persons, including any of the grantors, as joint tenants, tenants in common, or in the case of a married couple, as tenants by the entirety, or as a combination thereof, in the same manner in which it might be transferred to another person. Persons who hold title to real estate may elect to record a declaration of the tenancy under which they choose to hold their title, or proportionate share with the other co-tenants joining in such declaration, and such declaration, once recorded, shall operate to create the form of tenancy among such co-tenants that is stated in said declaration. Each of those persons holding title by virtue of a deed, devise or declaration shall hold an equal percentage interest in the title, unless, in the case of real estate owned by tenants in common or joint tenants, a contrary intent manifestly appears in the instrument of transfer, devise, or declaration. The term “real estate” as used in this section shall include any interest in real estate. As used in this section, the word “person” shall mean a natural-born person. The word “person” shall not include individuals acting as trustees of a trust or as partners in a partnership. SECTION 4. The provisions of this Act shall take effect December 31, 2024 and shall apply to instruments and documents, including wills, that are recorded or filed before, on or after said date.

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An Act to protect the privacy of crime victims

S938

SD1511

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T16:55:55.267'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T16:55:55.2666667'}, {'Id': None, 'Name': 'Andrea Joy Campbell, Massachusetts Attorney General', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:55:55.2666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S938/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 938) of Cynthia Stone Creem and Andrea Joy Campbell, Massachusetts Attorney General for legislation to protect the privacy of crime victims. The Judiciary.

Chapter 258C of the General Laws, as appearing in the 2020 Official Edition, is amended by adding the following new section:- Section 15. (a) Except as otherwise provided in this section, all records and information received, obtained or maintained by the division in connection with any claim for crime victim compensation shall be confidential and privileged, and shall not be disclosed by the division or by anyone who receives such records or information from the division. (b) Nothing in this section shall preclude disclosure of records or information: (1) for the processing of a claim by the division or responding to an action in court seeking review of a decision by the division, at the sole discretion of the attorney general or her designee; (2) consisting of information exchanged between the claimant or his or her authorized representative and the division, provided that the claimant or his or her authorized representative consents to such disclosure in writing; (3) for legitimate criminal justice purposes, at the sole discretion of the attorney general or her designee; (4) to the extent required by rules of criminal procedure governing mandatory discovery, or the production or introduction into evidence of exculpatory or statutorily privileged records; or (5) upon a lawful order issued by a court of competent jurisdiction.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the privacy of crime victims, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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An Act establishing the Massachusetts Interstate Depositions and Discovery Act

S939

SD1875

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:06:15.13'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:06:15.13'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S939/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 939) of Cynthia Stone Creem for legislation to establish the Massachusetts Interstate Depositions and Discovery Act. The Judiciary.

Section 1. The General Laws are hereby amended by inserting after chapter 233 the following new chapter:– Chapter 233A. Massachusetts Interstate Depositions and Discovery Act Section 1. Purpose. This chapter governs depositions and discovery conducted in this commonwealth in connection with a civil action brought in another state. Section 2. Definitions. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: a)“Foreign jurisdiction,” a state other than the Commonwealth of Massachusetts. b)“Foreign subpoena,” a subpoena issued under authority of a court of record in a foreign jurisdiction. c)“Person,” an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agncy or instrumentality, or any other legal or commercial entity. d) “State,” a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. e)“Subpoena,” a document, however denominated, issued under authority of a court of record requiring a person to: i.attend and give testimony at a deposition; ii.produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or iiipermit inspection of premises under the control of the person. Section 3. Issuance of Subpoena for Interstate Depositions and Discovery. a)To request issuance of a subpoena under this chapter, a party or an attorney shall submit a foreign subpoena or court order from the foreign jurisdiction to a clerk of court in the county in this commonwealth in which discovery is sought to be conducted, along with (i) a Commonwealth of Massachusetts subpoena for signature by the clerk; (ii) a list of all counsel, or unrepresented parties, in the foreign action and their addresses and phone numbers, and (iii) the required filing fee to be designated and published by the Court in which the foreign subpoena or court order from the foreign jurisdiction is submitted. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this commonwealth. An unrepresented party may request issuance of a subpoena pursuant to this chapter, but may sign the foreign subpoena only if such signing is authorized by the rules of the foreign jurisdiction. b)When a party submits a foreign subpoena to a clerk of court in this commonwealth, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. c)A subpoena under subsection (b) shall: i. incorporate the terms used in the foreign subpoena; ii .contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and iii. advise the person to whom the subpoena is directed that such a person has a right to move in the Massachusetts court, in compliance with the applicable rules of discovery, for an order to quash or modify the subpoena. d)Notwithstanding subsection (a), if a party to an out-of-state proceeding retains an attorney licensed to practice in this commonwealth, and that attorney receives the original or a true copy of an out-of-state subpoena, the attorney may issue a subpoena under this section. Section 4. Service of Subpoena A subpoena issued by a clerk of court under Section 3(a), or by an attorney licensed to practice in this commonwealth under Section 3(d), shall be served in compliance with Rule 45(c) of the Massachusetts Rules of Civil Procedure. Section 5. Deposition, Production, and Inspection. Subparts (a), (b), (c), (d), (f), and (g) of Rule 45 of the Massachusetts Rules of Civil Procedure shall apply to subpoenas issued under Section 3. Section 6. Application to Court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued under Section 3 shall comply with Rules 26(c) and 45(d)(1) of the Massachusetts Rules of Civil Procedure and be submitted to the applicable court in the county in which discovery is to be conducted. Section 7. Reciprocity. If the foreign jurisdiction has not enacted provisions substantially similar to this chapter, the foreign subpoena shall comply with the requirements of Section 11 of Chapter 223A of the General Laws. Section 2. Effective Date. This act shall take effect on January 1, 2024, and shall apply to requests for discovery in cases pending as of that date.

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An Act allowing certain minors to consent to shelter and receive supportive services

S94

SD2033

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T10:32:25.093'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T10:32:25.0933333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-09T10:54:49.0866667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T13:14:59.08'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T11:37:51.8833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:35:11.9666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T12:47:21.03'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S94/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 94) of Adam Gomez, Lydia Edwards, Liz Miranda, James B. Eldridge and others for legislation to allow certain minors to consent to shelter and receive supportive services. Children, Families and Persons with Disabilities.

Chapter 16A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 16X the following new section:- Section 16XX: Unaccompanied homeless youth access to supportive services and shelter (a)The following words shall have the meanings in this section: (1) “Service Provider”, means a public or private nonprofit organization that provides shelter and supportive services to unaccompanied minors in need of supportive services or shelter, including host home programs and shared living programs. (2) “Supportive Services”, means interventions, services, or resources necessary to assist unaccompanied minors in need of shelter in acquiring or maintaining: (i) stable housing; (ii) permanent connections, including ongoing attachments to families, communities, schools, and other positive social networks; (iii) financial stability; (iv) education, employment or income, including high performance in completion of education and training activities, especially for younger youth, and starting and maintaining adequate and stable employment, particularly for older youth; or (v) social and emotional wellbeing, including the development of key competencies, attitudes, and behaviors that equip a young person to succeed across multiple domains of daily life, including school, work, relationships, and community. (3) “Unaccompanied Minor In Need of Supportive Services or Shelter”, means a minor at least fifteen years of age: (i) who is not in the physical custody of a parent or legal guardian; and (ii) who lacks a fixed, regular, and adequate nighttime residence as defined in M.G.L. Chapter 6A Section 16W or (iii) whose status or circumstances indicate a significant danger of experiencing homelessness in the near future. (4) “Statuses or circumstances that indicate a significant danger” may include, but are not limited to: (i) youth exiting state-systems of care; (ii) youth who previously experienced homelessness (iii) youth whose parents or primary caregivers have experienced housing instability or homelessness; (iv) youth who are exposed to abuse and neglect in their homes; (v) youth who experience significant conflict with parents/ guardians; and (vi) runaways. (b)(1) An unaccompanied minor in need of supportive services or shelter may consent to shelter and supportive services if the service provider reasonably believes that: (i) the unaccompanied minor understands the significant benefits, responsibilities, risks, and limits of the shelter and service and can communicate an informed consent; (ii) the unaccompanied minor understands the requirements and rules of the shelter and services; and (iii) the shelter and services are necessary to ensure the unaccompanied minor’s safety and wellbeing. (2) An unaccompanied minor in need of supportive services or shelter who is a parent may consent to supportive services and shelter for the minor’s child. (c)(1) Before providing supportive services or shelter to an unaccompanied minor in need of supportive services or shelter, a service provider shall: (i) register with the Executive Office of Health and Human Services; (ii) develop and implement a procedure to screen each staff member who works with minors, including through a state and national criminal history records check or a private agency background check conducted in accordance with Section 172(a)(3) of M.G.L. c 6; and (iii) obtain written consent from the unaccompanied minor in need of supportive services or shelter. (3) The written consent from the unaccompanied minor in need of services or shelter shall state the minor’s: (i) age; (ii) guardianship status, if known; and (iii) living situation. (4) A service provider may not provide supportive services or shelter to a minor if the service provider has knowledge that the minor: (i) knowingly provided false information in the written consent required under subsection (c)(1); or (ii) does not meet the definition of an unaccompanied minor in need of supportive services or shelter under subsection (b). (d)(1) After providing supportive services or shelter to an unaccompanied minor in need of supportive services or shelter, a service provider shall: (i) as soon as possible and within 72 hours, contact a parent, guardian, or an adult relative of the minor; or (ii) if the service provider suspects abuse or neglect by the parent, guardian, or adult relative of the minor, immediately notify the appropriate authorities of the suspected abuse or neglect pursuant to Section 51A of Chapter 119. (2) The youth’s parent or legal guardian must have consented to the youth living independently, but consent can be implied by the simple act of forcing the youth out of the home, refusing to provide financial support to the youth, or abuse or neglect. Consent also can be demonstrated by a letter from a homeless service provider or school district homeless liaison. (3)(i) If a service provider is unable to contact, and does not suspect abuse by, a parent, guardian, or an adult relative of an unaccompanied minor in need of supportive services or shelter, the service provider shall notify the minor of the requirements of subsection (d) and, after providing said notice shall contact the National Center For Missing And Exploited Children to determine if the minor has been reported missing by a parent or legal guardian. (ii) If a service provider receives information indicating that an unaccompanied minor in need of services or shelter is missing from foster care, the service provider shall contact the Department of Children and Families. (iii) If a service provider receives information indicating that an unaccompanied minor in need of services or shelter has been reported missing by a parent or legal guardian other than the Department of Children and Families, the service provider shall contact local law enforcement. (4) A service provider shall document efforts and communications made under paragraph (d)(3) of this subsection. (e) A service provider that provides supportive services or shelter to an unaccompanied minor in need of services or shelter in accordance with this Section is not civilly or criminally liable based solely on the provider’s reasonable determination to provide the shelter and supportive services. (f) The Executive Office of Health and Human Services shall establish and maintain a registry of all service providers that register under section (c) of this section to provide supportive services and shelter to unaccompanied minors in need of supportive shelter or services. (g) The Executive Office of Health and Human Services may promulgate regulations for the purposes of implementing this Act.

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An Act promoting diversion of juveniles to community supervision and services

S940

SD1907

{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T10:57:30.97'}

[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T10:57:30.97'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-09T11:59:25.1833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T11:59:25.1833333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-15T13:02:18.1066667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-22T11:46:57.35'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T09:53:40.0866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T11:59:53.4633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-08T11:59:04.5433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:38:27.29'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-09T14:31:38.2366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S940/DocumentHistoryActions

Bill

By Ms. Creem, a petition (accompanied by bill, Senate, No. 940) of Cynthia Stone Creem, Sal N. DiDomenico and Jack Patrick Lewis for legislation relative to judicial supervision to promote child well-being. The Judiciary.

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

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An Act relative to access to justice

S941

SD334

{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-13T14:32:21.883'}

[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-13T14:32:21.8833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S941/DocumentHistoryActions

Bill

By Mr. Crighton, a petition (accompanied by bill, Senate, No. 941) of Brendan P. Crighton for legislation relative to access to justice. The Judiciary.

SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after clause (i) the following clause:- (j) The department shall not disclose to any federal agency or permit any federal agency to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles for purposes of civil immigration enforcement, provided that information concerning a particular identified individual may be disclosed upon receipt of a probable cause warrant signed by a judge. The Attorney General is authorized to bring an action in state or federal court to quash, modify, or otherwise contest any demand for information not in accordance with the requirements of this paragraph. SECTION 2. Said chapter 6 is hereby further amended by inserting in the first sentence of subclause (1) of clause (a) of section 172 after the word “duties”:- ; provided that criminal offender record information shall not be accessed or disclosed for any non-criminal justice purpose, including civil enforcement duties. SECTION 3. Said clause (a) is hereby further amended by inserting at the end of subclause (30) after the word “databases”:- ; provided that criminal offender record information shall not be accessed or disclosed for any non-criminal justice purpose, including civil enforcement duties. SECTION 4. Section 24 of chapter 37 of the General Laws is hereby amended by inserting after clause (e) the following clause:- (f) federal detainees housed in their facilities to and from the several divisions or departments of the trial court, pursuant to a valid state court writ of habeas corpus. SECTION 5. Chapter 147 of the General Laws is hereby amended by inserting after section 62 the following section:- Section 63. (a) An interview or any questioning conducted for immigration investigation or enforcement purposes of a person in the custody of any state or local law enforcement agency, sheriff’s office, the department of correction, or Massachusetts court, shall take place only with the written informed consent of the person in custody, unless otherwise required by federal law. If the person in custody indicates that they wish to have an attorney present for an interview with a federal agent, the custodian shall allow them to contact such attorney, and in the case that no attorney can be present, the interview shall not take place. The custodian agency shall not be responsible for the payment of the person’s attorney’s fees and expenses. (b) The office of the attorney general shall prepare a uniform consent form in English and other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may decline to be interviewed or may choose to be interviewed only with an attorney present, and that the person may decline to sign any documents presented to them at the interview; and (ii) document the person’s consent or lack thereof, whether an interview took place, and, if so, whether an attorney was present. Custodian agencies shall make their best efforts to provide a form in a language that the person understands, and to provide interpretation if needed. Consent forms shall be public records as defined in clause Twenty-sixth of section 7 of chapter 4, provided that the name, address, phone number, and other personal identifying information regarding the interview subject shall not be a public record. (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody who are held in a state or local facility pursuant to an intergovernmental contract. (d) Court officers, clerks, probation department employees, other trial court administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide federal agencies or agents with information relating to any person involved in matters before the court only upon request and in the same manner and to the same extent as such information is lawfully made available to the general public. Such officials shall not otherwise notify federal agencies or agents of the presence of individuals attending proceedings in Massachusetts courthouses, unless required by federal law. (e) The superior court in the county where the person is held shall be authorized to hear any claim in law or equity arising from violation of this section. SECTION 6. Section 3 of chapter 258B of the General Laws is hereby amended by inserting after clause (w) the following clause:- (x) for victims, family members, and witnesses, to not be asked by a law enforcement agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole, probation or corrections officials about their immigration status, or the immigration status of their family members, unless such inquiry is required by federal or state law; provided that a judge or magistrate may make such inquiries as are necessary to adjudicate matters within their jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any information regarding immigration status as it deems appropriate to protect the liberty interests of victims, family members and witnesses.

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An Act to promote public safety and better outcomes for young adults

S942

SD428

{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-12T17:07:18.013'}

[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-12T17:07:18.0133333'}, {'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T11:41:13.9966667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-08T15:23:03.04'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T15:23:03.04'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:23:03.04'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-14T11:54:59.0833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-24T12:58:58.3'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-18T15:45:10.1333333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-09T14:39:22.47'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S942/DocumentHistoryActions

Bill

By Mr. Crighton, a petition (accompanied by bill, Senate, No. 942) of Brendan P. Crighton, Cynthia Stone Creem, Mike Connolly, Rebecca L. Rausch and other members of the General Court for legislation to promote public safety and better outcomes for young adults. The Judiciary.

SECTION 1. Section 7 of chapter 4 of the General Laws, so appearing, is hereby amended by striking out the sixtieth clause as amended by Section 1 of Chapter 69 of the Acts of 2020, and inserting in place thereof the following clause:- Sixtieth, “Age of criminal majority” shall mean the age of “19.” SECTION 2. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “19,” inserting in place thereof the following number:- “20” SECTION 3. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “20,” and inserting in place thereof the following number:- “21” SECTION 4. Section 167 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in all instances, the number “18” and inserting in place thereof the following word:- “criminal majority” SECTION 5. Section 20 of chapter 31 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 10 the words “18 years” and inserting in place thereof the following words:- “criminal majority.” SECTION 6. Section 24 of chapter 37 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 14 the number “18” and inserting in place thereof the following words:- “criminal majority.” SECTION 7. Section 98F of chapter 41 of the General Laws, as amended by section 26 of chapter 69 of the acts of 2020, is hereby amended by striking out, in clause (iv) of the last sentence, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority. SECTION 8. Section 32H of chapter 94C, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority.” SECTION 9. Section 32H of chapter 94C of the General Laws, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, the number “18” and inserting in place thereof the words:- “the age of criminal majority” SECTION 10. Section 32M of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 1 the word “eighteen” and inserting in place thereof the following words:- “criminal majority” SECTION 11. Section 32M of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 12. Section 36 of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the words “their eighteenth birthday” and inserting in place thereof the following words:-“the age of criminal majority” SECTION 13. Section 52 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “delinquent child” as amended by section 72 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 14. Section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in the definition of “youthful offender,” as amended by section 72 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 15. Section 54 of chapter 119, as so appearing, is hereby amended by striking out, in the first paragraph as amended by section 73 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 16. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in the second paragraph as amended by section 73 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 17. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words in lines 8 to 12, inclusive “that any such probation may be imposed until such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his nineteenth birthday”, and inserting in place thereof the following words:- “that any such probation may, in the case of an offense that occurred prior to the child’s eighteenth birthday, be imposed until such child reaches age 18 or 19 in the case of a child whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in the case of a child whose case is disposed of after the child attains the child’s nineteenth birthday. In the case of an offense that occurred on or after the child’s eighteenth birthday, such probation may be imposed until such child reaches age 19 or age 20 in the case of a child whose case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the case of a child whose case is disposed of after the child attains the child’s twentieth birthday.” SECTION 18. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “after he attains his twentieth birthday”, in line 12, the following words:- “or age 22 in the case of a child whose case is disposed of after the child attains the child’s twenty-first birthday” SECTION 19. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after the words “his twenty-first birthday”, in line 12, the following words:- “or age 23 in the case of a child whose case is disposed of after the child attains the child’s twenty-second birthday” SECTION 20. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “attains the age of eighteen”, in lines 26 to 27, inclusive, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday.” SECTION 21. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “nineteenth birthday”, in lines 29 to 30, inclusive, the following words:- “In a case where the offense occurred on or after the child’s eighteenth birthday, the probationary or commitment period shall not be for a period longer than until such child attains the age of nineteen, or twenty in the case of a child whose case is disposed of after such child has attained their nineteenth birthday, or twenty-one in the case of a child whose case is disposed of after such child has attained their twentieth birthday.” SECTION 22. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “ twentieth birthday” the following words:- “or twenty-two in the case of a child whose case is disposed of after such child has attained their twenty-first birthday.” SECTION 23. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-first birthday”, the following words:- “or twenty-two in the case of a child whose case is disposed of after they have attained their twenty-first birthday, or twenty-three in the case of a child whose case is disposed of after they have attained their twenty-second birthday.” SECTION 24. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 38, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of twenty- three in the case of a child whose offense occurred on or after the child’s eighteenth birthday.” SECTION 25. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday” SECTION 26. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “juvenile court probation department until the age of twenty-one”, in line 48, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday.” SECTION 27. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- “in a case where the offense occurred prior to the child’s eighteenth birthday, or until they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday” SECTION 28. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “eighteenth”, in line 79, and inserting in place thereof the following words:- “twenty-first” SECTION 29. Said section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out the words “the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday”, in lines 78 to 79, and inserting in place thereof the following words:- “any prison owned, operated, administered or subject to the control of the department of correction including, but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth; Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution, Monroe, prior to his twenty-first birthday.” SECTION 30. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “until such child attains his eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is disposed of after they have attained their nineteenth birthday” SECTION 31. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “ until such child attains his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their twentieth birthday or their twenty-first birthday in the case of a child whose case is disposed of after they have attained their twentieth birthday” SECTION 32. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out the words“ until such child attains his twentieth birthday or his twenty-first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains their twenty-first or their twenty-second birthday in the case of a child whose case is disposed of after they have attained their twenty-first birthday” SECTION 33. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the words “ eighteenth birthdays” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 34. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 20 the words, “been age 18 older” and inserting in place thereof the following words:- “attained the age of criminal majority” SECTION 35. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 22 the number, “were age 18 or older” where it so appears and inserting in place thereof the following number:- “attained the age of criminal majority” SECTION 36. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 1 the words “is 19 years of age” and inserting in place thereof the following words:- “attained the age of criminal majority” SECTION 37. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the number “18” and inserting in place thereof the following number:- “criminal majority” SECTION 38. Section 65 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 39. Section 66 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 and 5 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 40. Section 67 of Chapter 119, as so appearing, is hereby amended by striking out in subsection (a), subsection (b), and subsection (d) as amended by section 76 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 41. Chapter 119, as so appearing, is hereby amended by striking out in section 68 as amended by section 77 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 42. Chapter 119, as so appearing, is hereby amended by striking out in section 68 as amended by section 77 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 43. Chapter 119, as so appearing, is hereby amended by striking out in section 68A as amended by section 77 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 44. Section 70 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 45. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 2 through 3, inclusive, the words “their eighteenth birthday” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 46. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 9 the word “ twentieth” and inserting in place thereof the following words:-“twenty-first” SECTION 47. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-first” in line 9 and inserting in place thereof the following words:- “twenty-second” SECTION 48. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-second” and inserting in place thereof the following words:- “twenty-third” SECTION 49. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 10 to 13, inclusive, the words “ prior to his eighteenth birthday, and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday and all provisions and rights applicable to a child under 18 shall apply to such child.” and inserting in place thereof the following:- “prior to attaining the age of criminal majority, and is not apprehended until between such child’s attainment of the age of criminal majority and the subsequent birthday, the court shall deal with such child in the same manner as if they have not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child.” SECTION 50. Subsection (b) of section 72 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “their eighteenth birthday”, in line 18, and inserting in place thereof the following words:-the age of criminal majority SECTION 51. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “twenty-first”, in line 25, and inserting in place thereof the following words:- “twenty-third” SECTION 52. Section 72A of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 2 to 3 inclusive, the words “his eighteenth birthday, and is not apprehended until after his nineteenth birthday,” and inserting in place thereof the following:- “attaining the age of criminal majority, and is not apprehended until after their subsequent birthday” SECTION 53. Section 72B of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in all instances, the words “his eighteenth birthday” and inserting in place thereof the following words:- “attaining the age of criminal majority” SECTION 54. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 through 4, inclusive, the words “his eighteenth birthday” and inserting in place thereof the following words:-“attaining the age of criminal majority” SECTION 55. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 10 and 14 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 56. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out in the first paragraph as amended by section 78 of chapter 69 of the Acts of 2020, the words“eighteen (or nineteen) years of age” and inserting in place thereof the following words:- “the age of criminal majority (or one year older)” SECTION 57. Section 86 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “21” and inserting in place thereof the following number:- “23” SECTION 58. Section 89 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 59. Section 89 of chapter 119, as so appearing, is hereby amended by striking out in the definition of “Juvenile” of subsection (a) as amended by section 80 of chapter 69 of the Acts of 2020, the number “22” and inserting in place thereof the following number:- “23” SECTION 60. Section 15 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 3 and 4 the number “18” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 61. Section 21 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 6, 9, and 10 the word “conviction” and inserting in place thereof the following word:- “adjudication” SECTION 62. Said section 21 of said chapter 120 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 17 the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 63. Section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out in subsection (f) as amended by section 107 of chapter 69 of the Acts of 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority” SECTION 64. Section 13 of chapter 250 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 65. Section 2 of chapter 258E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority” SECTION 66. Section 15A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 24 the words “18 years of age” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 67. Section 15A of said chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 46 the words “is 18 years of age or over” and inserting in place thereof the words:- “has attained the age of criminal responsibility” SECTION 68. Section 15B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 24 the words “ 18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority SECTION 69. Section 18 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 26 the number “18 years of over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 70. Section 18B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 43 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 71. Section 19 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 23 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 72. Section 43 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 56 and 89 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 73. Section 59 of chapter 265 of the General Laws, as added by section 132 of chapter 69 of the Acts of 2020, is hereby amended by striking out the number “18” and inserting in place thereof the following words:-“criminal majority” SECTION 74. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 53 the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 75. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking in line 55 the number “18” and inserting in place thereof the words:- “the age of criminal majority” SECTION 76. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 223 and 225 the words “18 years of age or over” and inserting in place thereof the words:- “who has attained the age of criminal majority” SECTION 77. Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 40 through 41, inclusive, the words “18 years of age or older” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 78. Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out in line 42 the number “18” and inserting in place thereof the words:- “the age of criminal majority” SECTION 79. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 4 and 28 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 80. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 32 the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 81. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 50 the words “17 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 82. Section 10G of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 34 the words “18 years of age or over” and inserting in place thereof the following words:- “who has attained the age of criminal majority” SECTION 83. Section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority” SECTION 84. Said section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 14 and 15, inclusive, the words “was eighteen years of age or older” and inserting in place thereof the words:- “had attained the age of criminal majority” SECTION 85. Section 89A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority” SECTION 86. Section 89B of chapter 276 of the General Laws, as added by section 183 of chapter 69 of the Acts of 2020, is hereby amended by striking out the words “are 18 to 24” and inserting in place thereof the following words:- “attained the age of criminal majority and are under 25” SECTION 87. Section 100D of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 8 the number “17” and inserting in place thereof the following words:- “criminal majority” SECTION 88. Section 6B of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out in the first paragraph as amended by section 209 of chapter 69 of the Acts of 2020, the words “18 years” and inserting in place thereof the following words:- “criminal majority” SECTION 89. Sections 1, 30, and 46 are hereby repealed. SECTION 90. Section 89 shall take effect on July 1, 2026. SECTION 91. Sections 2, 31, and 47 shall take effect on July 1, 2026. SECTION 92. Sections 18 and 22, shall take effect on July 1, 2026. SECTION 93. Section 91 is hereby repealed. SECTION 94. Section 93 shall take effect on July 1, 2028. SECTION 95. Sections 3, 19, 23, 32, and 48 shall take effect on July 1, 2028.

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An Act modernizing notary services

S943

SD927

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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T16:53:06.25'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T15:23:13.79'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T15:23:13.79'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T11:53:45.19'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S943/DocumentHistoryActions

Bill

By Mr. Crighton, a petition (accompanied by bill, Senate, No. 943) of Brendan P. Crighton, Jacob R. Oliveira, Susannah M. Whipps and Thomas M. Stanley for legislation to modernize notary services. The Judiciary.

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

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

S944

SD394

{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:07:10.3'}

[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:07:10.3'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S944/DocumentHistoryActions

Bill

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 944) of Julian Cyr for legislation to enhance the rights of crime victims in the Commonwealth. The Judiciary.

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

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An Act to stop profiling transgender people and low-income women

S945

SD444

{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:16:40.753'}

[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:16:40.7533333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T13:32:54.6333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:31:47.7'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-24T16:04:33.3033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S945/DocumentHistoryActions

Bill

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 945) of Julian Cyr, Liz Miranda and Vanna Howard for legislation to stop profiling transgender people and low-income women. The Judiciary.

SECTION 1. Section 53 of Chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 1-2, the words “Common night walkers, common street walkers, both male and female,”. SECTION 2. Section 62 of Chapter 272 of the General Laws is hereby repealed. SECTION 3. Chapter 94C is hereby amended by inserting after section 34A the following section:- Section 34B: Any person who, in good faith, reports a crime shall not be charged or prosecuted for (i) possession of a controlled substance under section 34, (ii) sex for fee under chapter 272 section 53A subsections (a) or (b), or found in violation of a condition of probation or pretrial release as determined by a court or a condition of parole, as determined by the parole board if the evidence for the above enumerated offenses was gained as a result of reporting a crime.

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An Act modernizing time-share extension and termination procedures

S946

SD763

{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T11:40:50.963'}

[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T11:40:50.9633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S946/DocumentHistoryActions

Bill

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 946) of Julian Cyr for legislation to modernize time-share extension and termination procedures. The Judiciary.

SECTION 1. Chapter 183B of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking out section 15 and inserting in place thereof the following section:- “Section 15. (a) This section shall apply to time-share plans containing time-share estates. This section shall apply to time-share licenses only to the extent expressly provided by the time-share instrument. (b) A time-share plan may be terminated in accordance with the following: (1) After the occurrence of a duly noticed and called meeting of the association convened for the purpose of discussion of the possible termination of the time-share plan, all time-shares in a time-share property may be terminated by written agreement of the time-share owners having at least sixty per cent of all eligible beneficial interests. (2) An agreement to terminate all time-shares in a time-share property shall be evidenced by the execution, in the same manner as a deed, of a termination agreement, or ratifications thereof, by the requisite number of time-share owners. The termination agreement shall specify a date after which it shall be void unless it is recorded on or before said date, and it may provide for the establishment of a termination trust to carry out its terms and effect a sale as hereinafter provided. A termination agreement and all ratifications thereof shall be recorded in the registry of deeds or land registration office in every district in which a portion of the time-share property is situated, and shall be effective only upon such recording. (3) Unless the termination agreement sets forth the material terms of a contract or proposed contract under which an estate or interest in each time-share unit equal to the sum of the time-shares therein is to be sold and designates a trustee or board of trustees to effect the sale, title to an estate or interest in each time-share unit equal to the sum of the time-shares therein vests upon termination in the time-share owners thereof in proportion to the respective interests of the time-share owners as provided in subsections (7) and (8), and liens on the time-shares shall attach to and encumber said interests. Any co-owner of said estate or interest in a unit may thereafter maintain an action for partition or for allotment or sale in lieu of partition. (4) If the termination agreement sets forth parameters for the material terms of a contract or proposed contract under which an estate or interest in each time-share unit equal to the sum of the time-shares therein is to be sold and designates the board of the time-share owners association as trustees, or other individual or group of individuals as trustees, to effect the sale, title to said estate or interest vests upon termination in the said trustees for the benefit of the time-share owners, to be transferred pursuant to the contract of sale. Net proceeds of the sale shall be distributed to time-share owners and lienholders as their interests may appear, as provided in subsections (7) and (8). (5) If the time-share property is managed by an association that is separate from any underlying owners’ association, the termination of a time-share plan does not change the status of the underlying owners’ association. Upon termination of the time-share plan, the time-share association shall continue to exist, but only for the purposes of concluding its affairs, prosecuting and defending actions by or against it, collecting and discharging obligations, disposing of and conveying its property, collecting and dividing its assets, and otherwise complying with this section. (6) All reasonable expenses incurred by the termination trustee(s) relating to the performance of its or their duties pursuant to this subsection, including the reasonable fees of attorneys and other professionals, must be paid by the termination trustee(s) . (7) The termination trustee(s) shall adopt reasonable procedures to implement the sale of the former time-share property and comply with the requirements of this section. (8) Except as otherwise provided in the termination agreement, so long as the former time-share owners or their termination trustee(s) hold title to an estate or interest equal to the sum of the time-shares, each former time-share owner and his successors in interest have the same rights with respect to occupancy in the former time-share unit that he would have had if termination had not occurred, together with the same liabilities and other obligations imposed by this chapter or the time-share instrument. (9) After termination of all time-shares in a time-share property and adequate provision for the payment of the claims of the creditors for time-share expenses, distribution of (i) the proceeds of any sale pursuant to this section, (ii) the proceeds of any personalty held for the use and benefit of the former time-share owners, and (iii) any other funds held for the use and benefit of the former time-share owners, shall be made to the former time-share owners and their successors in interest in proportion to their respective interests as provided in subsection (8). Following termination, creditors of the association holding liens perfected against the time-share property prior to the termination may enforce said liens in the same manner as any other lien holder. All other creditors of the association shall be treated as if they had perfected liens on the time-share property immediately prior to termination. (10) The time-share instrument may specify the respective fractional or percentage interest in the estate or interest in each unit or in the time-share property equal to the sum of the time-shares therein that will be owned by each former time-share owner upon termination of the time-shares. If the time-share instrument fails to so specify, then upon termination, each time-share owner’s beneficial interest in the termination trust shall be equal to such owner’s prior beneficial interest in the time-share property as set forth in the time-share instrument and any underlying condominium Master Deed. (c) A time-share plan which is scheduled to expire, by its express terms, at a certain date, with the time-share owners each holding an undivided tenancy in common interest thereafter, may be extended in accordance with the following: (1) After the occurrence of a duly noticed and called meeting of the association convened for the purpose of discussion of the proposed extension of the time-share plan, unless the time-share instrument specifically provides a lower percentage, the written consent, of at least sixty percent of all eligible beneficial interests of the association may, at any time, extend the term of the time-share plan. If the term of a time-share plan is extended pursuant to this subsection, all rights, privileges, duties, and obligations created under applicable law or the time-share instrument continue in full force to the same extent as if the extended termination date of the time-share plan were the original termination date of the time-share. (d) In the event of a conflict between Section 15 and the time-share instrument, the condominium master deed, if applicable, or other governing documents of the time-share, and any amendment thereto, of any time-share submitted to the provisions of this chapter, the provisions of Section 15 shall control. (e) Any action for damages or any other legal challenge arising out of the termination or extension of a time-share plan pursuant to Section 15 shall be commenced only within one year after the recording in the registry of deeds or land registration office of the termination agreement or the extension agreement, as the case may be.” SECTION 2. This act shall apply to all time-share plans in the commonwealth existing before and subsequent to passage of this act.

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An Act to ensure legal parentage equality

S947

SD1088

{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T20:59:49.907'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/S947/DocumentHistoryActions

Bill

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 947) of Julian Cyr, Bruce E. Tarr, Adam Scanlon, Robyn K. Kennedy and other members of the General Court for legislation to ensure legal parentage equality. The Judiciary.

SECTION 1. The title of chapter 209C of the General Laws is hereby amended by striking out the words “CHILDREN BORN OUT OF WEDLOCK” in that title and inserting in place thereof the following words:-- “NONMARITAL CHILDREN AND PARENTAGE OF CHILDREN”. SECTION 2. Chapter 209C of the General Laws is hereby amended by inserting after section 1 the following section 1A:- (a) It is the public policy of the Commonwealth that every child has the same rights and protections under law as any other child without regard to the marital status, gender, gender identity, or sexual orientation of the parent or parents or the circumstances of the birth of the child, including whether the child was born as a result of assisted reproduction or surrogacy. (b) a parent-child relationship is established between a person and a child if (i) Birth: the person gives birth to the child, except as otherwise provided in sections 28A-28Q; (ii) Presumption: there is a presumption of parentage under section 6, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made; (iii) Adjudication: the individual is adjudicated a parent of the child by a court with jurisdiction; (iv) Adoption: the individual adopts the child pursuant to chapter 210; (v) Acknowledgment: the individual acknowledges parentage of the child under this chapter unless the acknowledgment is rescinded or successfully challenged; (vi) De Facto Parentage: the individual is adjudicated a de facto parent of the child under section 25; (vii) Assisted reproduction: the individual’s parentage of the child is established under section 27; (viii) Surrogacy: the individual’s parentage of the child is established under sections 28A-28Q. (c) For the purpose of this chapter, the term “child born out of wedlock” includes the term nonmarital child; the term “man” or “father” includes a parent of any gender; the term “woman” or “mother” includes the term “parent who gave birth; the term “putative father” includes the term “alleged genetic parent” and does not include a presumed parent, an individual whose parental rights have been terminated or declared not to exist or a donor” any reference to “paternity” includes the term “parentage;” any reference to “nonpaternity” includes the term “nonparentage;” any reference to “voluntary acknowledgement of paternity” includes the term “voluntary acknowledgment of parentage;” and any reference to “husband” or “wife” includes the term “spouse.” SECTION 3. Section 5 of chapter 209C is hereby amended in line 50 by inserting after the word “chapter” the following sentence:- Voluntary acknowledgments of parentage may also be executed pursuant to this chapter by the person who gave birth and a person who is either a presumed parent pursuant to section 6 or an intended parent pursuant to section 27. SECTION 4. Section 6 of chapter 209C is hereby amended in line 39 by adding the following subsection:- (d) A presumption of parentage under this section may be overcome, and competing claims to parentage may be resolved, only by a valid denial of parentage under section 11 of this chapter or as follows: (1) A presumption of parentage cannot be overcome after the child attains 2 years of age unless the court determines: (i) the presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or (ii) the child has more than 1 presumed parent. (2) A proceeding to challenge a presumption by an alleged genetic parent who is not a presumed parent may be permitted by a court only if the alleged genetic parent proves, by clear and convincing evidence, that the alleged genetic parent has a substantial parent-child relationship with the child. If the court permits the proceeding, the court shall adjudicate parentage under section 26. (3) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child: (i) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child; (ii) If the presumed parent is identified as a genetic parent of the child and that identification is not successfully challenged, the court shall adjudicate the presumed parent to be a parent of the child; (iii) If the presumed parent is not identified as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors of section 26. (4) Subject to other limitations in this part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under section 26. SECTION 5. Section 11 of chapter 209C is hereby amended in line 2 by inserting after the word “father” the following:- presumed parent or intended parent pursuant to section 27. SECTION 6. Section 11 of chapter 209C is hereby amended by striking out, in line 3, the words “mother of the child” and inserting in place thereof the following words:- individual who gave birth to the child. SECTION 7. Section 11 of chapter 209C is hereby amended in lines 21-22 by striking “such putative father and mother and shall have the same force and effect as a judgment of paternity” and inserting the following:- “both parents and shall have the same force and effect as a judgment of parentage”. SECTION 8. Section 11 of chapter 209C is hereby amended in line 48 by striking “shall” and inserting the following:- may. SECTION 9. Section 11 of chapter 209C is hereby amended in line 83 by inserting after the word “executed” the following sentence:-A voluntary acknowledgement of parentage that complies with this section and section 5 and is filed with the registrar of vital records and statistics or the court is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. The court shall give full faith and credit to a voluntary acknowledgment of parentage that is effective in another state if the acknowledgment was in a signed record and otherwise complies with the laws of the other state. SECTION 10. Chapter 209C of the General Laws is hereby amended by inserting after section 24 the following section 25: Section 25. De Facto Parentage (a) This section shall apply to nonmarital and marital children. A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (i) is alive when the proceeding is commenced; and (ii) claims to be a de facto parent of the child. (b) An individual who claims to be a de facto parent of a child shall commence a proceeding to establish parentage of a child under this section: (i) before the child attains 18 years of age; and (ii) while the child is alive. (c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section: (i) The individual shall file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding. (ii) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (i). A responsive pleading must be verified and served on parties to the proceeding. (iii) The court shall determine, based on the pleadings under subsections c(i) and c(ii) , whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence each of the requirements of paragraphs (i) through (vii) of subsection (d). Upon request made by a party entitled to notice, the court may hold a hearing on the issue of standing. Whether the hearing is an evidentiary hearing is in the discretion of the court. The court may enter an interim order concerning contact between the child and an individual with standing seeking adjudication under this section as a de facto parent of the child. (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and convincing evidence that: (i) the individual resided with the child as a regular member of the child’s household for a significant period of time based on the age of the child; (ii) the individual engaged in consistent caretaking of the child which may include regularly taking responsibility for the child’s needs such as care, guidance, education and health, and making day-to-day decisions regarding the child individually or cooperatively with another parent; (iii) the individual undertook full and permanent responsibilities of a parent of the child without expectation or payment of financial compensation. If an individual undertook the responsibilities of a parent of the child due to a parent of that child being deployed in the military, there shall be a presumption that such arrangements were intended to be temporary for the duration of the parent’s military deployment; (iv) the individual held out the child as the individual’s child; (v) the individual established a bonded and dependent relationship with the child which is parental in nature; (vi) a parent of the child fostered or supported the bonded and dependent relationship required under paragraph (v). Consent to guardianship, execution of a caregiver affidavit, execution of a Military Family Care Plan, or other caretaking agreement by a parent serving in the military shall not be considered as evidence that a parent fostered or supported the bonded and dependent relationship required under (v); and (vii) continuing the relationship between the individual and the child is in the best interest of the child. In considering this factor, the court shall consider evidence of past or present abuse by the individual toward a parent or the child as a factor contrary to the best interests of the child. For the purpose of this section, “abuse” shall have the same meaning as provided in section 31 of chapter 208 and section 10(e) of this chapter. (e) A parent of the child may use evidence of duress, coercion, or threat of harm to contest an allegation that the parent fostered or supported a bonded and dependent relationship as provided in subsection (d)(vi) of this section or that continuing the relationship between the individual and the child is in the best interests of the child as provided in subsection d(vii) of this section. Such evidence may include, but not be limited to, whether, within the prior ten years, the individual seeking to be adjudicated a de facto parent (1) has been convicted of a crime involving violence against a parent of the child or the child including but not limited to rape, assault with intent to commit rape, indecent assault and battery, assault or assault and battery on a family or household member; (2) was the subject of a final abuse prevention order pursuant to Chapter 209A or section 34B or 34C of Chapter 208 because the individual was found to have committed abuse against the child or a parent of the child; (3) was substantiated for abuse against the child by the Department of Children and Families; or (4) there exists other credible evidence of abuse by the individual against a parent of the child or the child. (f) Subject to other limitations in this section, if in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) are satisfied, the court shall adjudicate parentage under section 26 of this chapter. (g) The adjudication of an individual as a de facto parent under this section does not disestablish the parentage of any other parent. SECTION 11. Chapter 209C of the General Laws is hereby amended by inserting the following section 26: Section 26. Competing Claims of Parentage (a) In a proceeding to adjudicate competing claims of, or challenges under this chapter to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best interest of the child, based on: (i) the age of the child; (ii) the length of time during which each individual assumed the role of parent of the child; (iii) the nature of the relationship between the child and each individual; (iv) the harm to the child if the relationship between the child and each individual is not recognized; (v) the basis for each individual’s claim to parentage of the child; and (vi) other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child. (b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a), the court shall consider: (i) the facts surrounding the discovery that the individual might not be a genetic parent of the child; and (ii) the length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. (c) The court may adjudicate a child to have more than 2 parents if the court finds that it is in the best interests of the child to do so. A finding of best interests of the child under this subsection does not require a finding of unfitness of any parent or person seeking an adjudication of parentage. SECTION 12. Chapter 209C of the General Laws is hereby amended by inserting the following section 27: Section 27. Parentage by Assisted Reproduction This section shall apply to nonmarital and marital children. This section shall not apply to the birth of a child conceived by sexual intercourse or assisted reproduction by surrogacy agreement under sections 28A-28Q. Venue for a proceeding to adjudicate parentage under this section is in the county of this state in which: (i) the child resides or is or will be born; (ii) any parent or intended parent resides; or (iii) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter. The following terms shall have the following meanings: “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes, but is not limited to, artificial insemination as well as intrauterine, intracervical, or vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer of embryos; and intracytoplasmic sperm injection. “Donor”, an individual who provides a gamete or embryo intended for assisted reproduction or gestation, whether or not for consideration. This term does not include a person who consents to assisted reproduction with the intent to be a parent of the resulting child. “Intended parent”, an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction. A donor is not a parent of a child conceived through assisted reproduction by virtue of the donor’s genetic connection. A donor may not establish the donor's parentage by signing an acknowledgment of parentage pursuant to this chapter. A donor shall not be entitled to notice. An individual who consents to assisted reproduction under subsection (f) with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child. Consent to assisted reproduction described in subsection (e) may be established either by a record signed by the individual giving birth to a child conceived by assisted reproduction and by an individual who intends to be a parent of the child before, on, or after the birth of the child or if a court finds by a preponderance of the evidence that (i) prior to conception or birth of the child, the parties agreed that they would be parents of the child; or (ii) the individual who seeks to be a parent of the child voluntarily participated in and consented to the assisted reproduction that resulted in the conception of the child. Except as otherwise provided herein, an individual who, at the time of a child’s birth, is the spouse of the person who gave birth to the child by assisted reproduction may not challenge the spouse’s parentage of the child unless not later than 2 years after the birth of the child, the spouse commences a proceeding to adjudicate their own parentage of the child, and the court finds the spouse did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under subsection i. A proceeding by a spouse to challenge their own parentage of a child born by assisted reproduction may be commenced at any time if the court determines that the spouse neither provided a gamete for, nor consented to, the assisted reproduction; the spouse and the person who gave birth to the child have not cohabited since the probable time of assisted reproduction; and the spouse never openly held out the child as their child. This subsection applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs. The person giving birth shall not challenge a spouse’s parentage under this section. A married individual who has commenced an action for divorce may, after at least 60 days has elapsed since service of the complaint, proceed with assisted reproduction pursuant to this section and the spouse shall not be a parent of any child born as a result of the assisted reproduction unless the spouse consents in a record to be a parent of a child born as a result of assisted reproduction after commencement of a divorce action. A married individual proceeding with assisted reproduction pursuant to this section shall not utilize gametes of the spouse unless the spouse consents in a record to the use of the spouse’s gametes for assisted reproduction by the married person after commencement of a divorce action. An individual who consents under subsection e to assisted reproduction may withdraw consent any time before a transfer or implantation of gametes or embryos that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the person who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider who may be facilitating the assisted reproduction. Failure to give notice to a clinic or health-care provider does not affect a determination of parentage under this section. An individual who withdraws consent under this subsection is not a parent of the child under this subsection. (i)If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer or implantation of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter. (ii) If an individual who consented in a record to assisted reproduction by a person who agreed to give birth to a child dies before a transfer or implantation of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if either the individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or the individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by a preponderance of the evidence; and either the embryo is in utero not later than 36 months after the individual’s death; or the child is born not later than 45 months after the individual’s death. If due to a laboratory error the child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are the parents of the child unless otherwise determined by the court. Genetic testing, including genetic marker testing pursuant to section 11 of chapter 209C, shall not be used (i) to challenge the parentage of an individual who is a parent under this section; or (ii) to establish the parentage of an individual who is a donor. (i) An individual giving birth or an individual who is or claims to be a parent under this section may commence a proceeding prior to or after the birth of a child to obtain a judgment (a) Declaring that the intended parent or parents are the parent or parents of the resulting child immediately upon birth of the child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon birth of the child; and (b) Designating the contents of the birth certificate and directing the department of public health to designate the intended parent or parents as the parent or parents of the resulting child. (ii) A judgment issued before the birth of the resulting child does not take effect unless and until the birth of the resulting child. Nothing in this subsection shall be construed to limit the court’s authority to issue other orders under any other provision of the general laws. (iii) Neither the state, the department of public health nor the hospital where the child is or expected to be born shall be a necessary party to a proceeding under this section. (iv) The burden of proof in proceedings under this section shall be by a preponderance of the evidence. On request of a party, the court may close a proceeding under this article to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated. In a proceeding under this section, the court shall issue a final judgment adjudicating whether a person alleged or claiming to be a parent is the parent of a child. On request of a party and consistent with law of this state other than this section, the court in a proceeding under this section may order the name of the child changed. If the final judgment is at variance with the child’s birth certificate, the court shall order the department of public health to issue an amended birth certificate. SECTION 13. Chapter 209C of the General Laws is hereby amended by inserting after section 27 the following sections: Section 28A. Parentage by Consent to Surrogacy Agreement (a) This section shall apply to nonmarital and marital children. This section shall not apply to the birth of a child conceived by sexual intercourse. (b) Venue for proceedings under sections 28A through 28Q is in the county of this state in which: (i) the child resides or is born or expected to be born; (ii) a parent or intended parent resides; (iii) an individual acting as a surrogate resides; or (iv) a proceeding has been commenced for administration of the estate of an individual who is or may be a parent under this chapter. (c) The following terms shall have the following meanings: (i) “Assisted reproduction”, a method of causing pregnancy other than sexual intercourse and includes, but is not limited to, artificial insemination as well as intrauterine, intracervical, or vaginal insemination; donation of gametes; donation of embryos; in vitro fertilization and transfer of embryos; and intracytoplasmic sperm injection. (ii) “Intended parent”, an individual, whether married or unmarried, who manifests an intent to be legally bound as a parent of a child resulting from assisted reproduction. (iii) “Genetic surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete, under a genetic surrogacy agreement as provided in this chapter. (iv) “Gestational surrogate”, an individual who is at least 21 years of age, is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not the individual’s own, under a gestational surrogacy agreement as provided in this chapter. (v)“Surrogacy agreement”, an agreement between one or more intended parents and an individual who is not an intended parent in which the person agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, surrogacy agreement refers to both a gestational surrogacy agreement and a genetic surrogacy agreement. Section 28B. Eligibility To execute an agreement to act as a gestational or genetic surrogate, an individual shall: (i) be at least 21 years of age; (ii) previously have given birth to at least one child; (iii) complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; (iv) complete a mental health consultation by a licensed mental health professional; and (v) have independent legal representation of the individual’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement and that is paid for by the intended parent or parents. To execute a surrogacy agreement as an intended parent, whether or not genetically related to the child, an individual shall: (i) be at least 21 years of age; (ii) complete a mental health consultation by a licensed mental health professional; and (iii) have independent legal representation of the intended parent’s choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. Section 28C. Process Requirements A surrogacy agreement shall be executed in compliance with the following rules: (a) At least 1 party shall be a resident of the Commonwealth or, if no party is a resident of the Commonwealth, at least 1 medical evaluation or procedure or mental health consultation under the agreement shall occur in this state, or the birth is anticipated to or does occur in this state. (b) An individual acting as a surrogate and each intended parent shall meet the requirements of section 28B. (c) Each intended parent, the individual acting as surrogate, and spouse, if any, of the individual acting as surrogate shall be parties to the agreement. (d) The agreement shall be in a record signed by each party listed in paragraph (c). (e) The individual acting as a surrogate and each intended parent shall receive a copy of the agreement. (f) The signature of each party to the agreement shall be attested by a notary or witnessed. (g) The individual acting as surrogate and, if married, the spouse of the individual acting as surrogate and the intended parent or parents shall have independent legal representation throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement paid for by the intended parent or parents, and each counsel shall be identified in the surrogacy agreement. A single attorney for the individual acting as surrogate and the individual’s spouse, if married, and a single attorney for the intended parents is sufficient to meet this requirement, provided the representation otherwise conforms to the Rules of Professional Conduct. (h) The intended parent or parents shall pay for independent legal representation for the individual acting as surrogate and the individual’s spouse, if any. (i) The agreement shall be executed before a medical procedure occurs related to attempting to achieve a pregnancy in the individual acting as surrogate, other than the medical evaluation and mental health consultation required by section 28B. Section 28D. Agreement Content Requirements A surrogacy agreement shall comply with the following requirements: (a) An individual acting as surrogate agrees to attempt to become pregnant by means of assisted reproduction. (b) Except as otherwise provided in sections 28J, 28N, and 28O, the individual acting as surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the surrogacy agreement. (c) The surrogate’s spouse, if any, shall acknowledge and agree to comply with the obligations imposed on the individual acting as surrogate by the surrogacy agreement. (d) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended parent or, if there are 2 intended parents, each one jointly and severally, immediately on birth of the child shall be the exclusive parent or parents of the child, regardless of the number of children born or gender or condition of each child. (e) Except as otherwise provided in sections 28H, 28K, 28N, and 28O, the intended parent or, if there are 2 intended parents, each parent jointly and severally, immediately on birth of the child shall assume responsibility for the financial support of the child, regardless of the number of children born or the gender or condition of each child. (f) The intended parent or parents are liable, and the surrogacy agreement shall include information providing that the intended parent or parents shall be responsible for paying, for the surrogacy-related expenses of the individual acting as surrogate, including expenses for health care provided for assisted reproduction, prenatal care, labor and delivery and for the medical expenses of the resulting child that are not paid by insurance. This subsection shall not be construed to supplant any health insurance coverage that is otherwise available to the individual acting as surrogate or an intended parent for the coverage of health care costs. This subsection shall not change the health insurance coverage of the individual acting as surrogate or the responsibility of the insurance company to pay benefits under a policy that covers an individual acting as surrogate. (g) The surrogacy agreement shall not infringe on the rights of the individual acting as surrogate to make all health and welfare decisions regarding the person, the person's body and the person's pregnancy throughout the duration of the surrogacy arrangement, including during attempts to become pregnant, pregnancy, delivery and post-partum. The agreement shall not infringe upon the right of the individual acting as surrogate to autonomy in medical decision making by, including, but not limited to, requiring the individual acting as surrogate to undergo a scheduled, nonmedically indicated caesarean section or to undergo multiple embryo transfer. Except as otherwise provided by law, any written or oral agreement purporting to waive or limit the rights described in this subsection are void as against public policy. (h) The surrogacy agreement shall include information about each party’s right under this article to terminate the surrogacy agreement. (i) A right created under a surrogacy agreement is not assignable and there is no third- party beneficiary of the agreement other than the child. (j) A surrogacy agreement may provide for (i) payment of consideration and reasonable expenses and (ii) reimbursement of specific expenses if the agreement is terminated under this chapter. Section 28E. Effect of subsequent change of marital status on agreement Unless a surrogacy agreement expressly provides otherwise: (a) The marriage of an individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the agreement, the spouse’s consent to the surrogacy agreement is not required, and the surrogate’s spouse is not a presumed parent of a child conceived by assisted reproduction under the surrogacy agreement. (b) The divorce or annulment of the individual acting as surrogate after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement. (c) The marriage of an intended parent after the agreement is signed by all parties shall not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement. (d) The divorce or annulment of an intended parent after the surrogacy agreement is signed by all parties shall not affect the validity of the surrogacy agreement and the intended parents are the parents of the child. Section 28F. Exclusive Continuing Jurisdiction During the period after the execution of a surrogacy agreement until the occurrence of the earlier of the date of termination of a surrogacy agreement pursuant to the agreement terms or 90 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, a court of this state conducting a proceeding under this chapter has exclusive, continuing jurisdiction over all matters arising out of the agreement. This section does not give the court jurisdiction over a child custody or child support proceeding if jurisdiction is not otherwise authorized by the law of this state other than this chapter. Section 28G. Termination of Gestational Surrogacy Agreement (a) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving notice of termination in a record to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. (b) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (a), the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the individual acting as gestational surrogate through the date of termination of the agreement. (c) Except in a case involving fraud, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse of the person acting as surrogate, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section. Section 28H. Parentage under gestational surrogacy agreement (a) Except as otherwise provided in subsection (c) or section 28I(b) or 28K, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Parental rights shall vest exclusively in the intended parent or parents immediately upon birth of the resulting child. (b) Except as otherwise provided in subsection (c) or section 28K, neither an individual acting as gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child. (c) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall, upon finding sufficient evidence, order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage shall be determined in accordance with sections 1 through 27 of this chapter. (d) Except as otherwise provided in subsection (c) or subsection (b) of section 28I or section 28J, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child. Section 28I. Parentage of deceased intended parent under gestational surrogacy agreement (a) Section 28H applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in section 28K, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (i) the surrogacy agreement provides otherwise; and (ii) the transfer of a gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after the death of the intended parent. Section 28J. Judgment of parentage under gestational surrogacy agreement (a) Except as otherwise provided in subsection (c) of section 28H or section 28K, before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, any party to the agreement may commence a proceeding for a judgment of parentage: (1) declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent; (2) declaring that the individual acting as gestational surrogate and the surrogate’s spouse or former spouse, if any, are not the parents of the child; (3) designating the content of the birth record in accordance with chapter 46 and directing the department of public health to designate each intended parent as a parent of the child; (4) to protect the privacy of the child and the parties, declaring that the court record and related pleadings shall be impounded in accordance with this section; (5) if necessary, that the child be surrendered to the intended parent or parents; (6) if necessary, that the hospital where the child will be or has been born, treat the intended parent(s) as the sole legal parent(s) for the purpose of naming and medical decisions; and (7) for other relief the court determines necessary and proper. (b) The court may issue an order or judgment under subsection (a) before and/or after the birth of the child, as requested by the parties. (c) Neither this state or the department of public health nor any town clerk nor the hospital where the child is to be born or is born is a necessary party to a proceeding under subsection (a). Any party to the surrogacy agreement not joining in the action shall be provided with notice of the proceeding. (d) A complaint under this section shall include: (i) sworn affidavits of the parties to the surrogacy agreement and the assisted reproductive physician demonstrating the intent of the parties for the intended parent or parents to be the sole legal parent or parents of the child and that the child was born pursuant to assisted reproduction and (ii) certifications from the attorneys representing the intended parent(s) and the individual acting as gestational surrogate that the requirements of sections 28B, 28C, and 28D have been met. A complaint supported by such affidavits and certifications shall be sufficient to establish parentage, and a hearing shall not be required unless the court requires additional information which cannot reasonably be ascertained without a hearing. (e) Upon a finding that the complaint satisfies subsection (d), a court shall expeditiously, but no later than sixty (60) days from the docketing of the complaint, issue a judgment of parentage. Such parentage judgments issued under this section shall conclusively establish or affirm, where applicable, the parent-child relationship. (f) In the event the certification required by subsection (d) of this section cannot be made because of a technical or nonmaterial deviation from the requirements of sections 28B, 28C, and 28D of this chapter, the court may nevertheless enforce the agreement and issue a judgment of parentage if the court determines the agreement is in substantial compliance with the requirements of said sections. (g) On request of a party, the court may close a proceeding under this section to the general public. All complaints, pleadings, papers or documents filed pursuant to this section, including docket entries, shall not be available for inspection, unless a judge of probate and family court of the county where such records are kept, for good cause shown, shall otherwise order or unless requested by the child or the parties. All such complaints, pleadings, papers or documents shall be segregated. Section 28K. Effect of gestational surrogacy agreement (a) A gestational surrogacy agreement that substantially complies with sections 28B, 28C, and 28D is enforceable. (b) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not substantially comply with sections 28B, 28C, and 28D, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement. (c) Except as expressly provided in a gestational surrogacy agreement or subsection (d) or (e) of this section, if the agreement is breached by the individual acting as gestational surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity. (d) Specific performance is not a remedy available for breach by an individual acting as gestational surrogate of a provision in the agreement that the individual acting as gestational surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (e) Except as otherwise provided in subsection (d), if an intended parent is determined to be a parent of the child, specific performance is a remedy available for: (i) breach of the agreement by an individual acting as gestational surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or (ii) breach by the intended parent which prevents the intended parent’s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage. Section 28L. Requirements to validate genetic surrogacy agreement (a) Except as otherwise provided in section 28O, a genetic surrogacy agreement shall be validated by a probate and family court. A proceeding to validate the agreement shall be commenced before assisted reproduction related to the surrogacy agreement. (b) The court shall issue an order validating a genetic surrogacy agreement if the court finds that: (i) sections 28B, 28C, and 28D of this chapter are satisfied; and (ii) all parties entered into the agreement voluntarily and understand its terms. (c) An individual who terminates a genetic surrogacy agreement under section 28M shall file notice of the termination with the court and parties. On receipt of the notice, the court shall vacate any order issued under subsection (b). Section 28M. Termination of genetic surrogacy agreement (a) A party to a genetic surrogacy agreement may terminate the agreement as follows: An intended parent or individual acting as genetic surrogate who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination shall be attested by a notary or witnessed. (b) An intended parent or individual acting as genetic surrogate who terminates the agreement after the court issues an order validating the agreement under sections 28L or 28O of this chapter, but before the individual acting as genetic surrogate becomes pregnant by means of assisted reproduction, shall also file notice of the termination with such court. (c) A person may not terminate a validated genetic surrogacy agreement if a gamete or embryo transfer has resulted in a pregnancy. (d) On termination of the genetic surrogacy agreement, the parties are released from all obligations under the agreement except that any intended parent remains responsible for all expenses incurred by the individual acting as genetic surrogate through the date of termination which are reimbursable under the agreement. Unless the agreement provides otherwise, the individual acting as surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate. (e) Except in a case involving fraud, neither an individual acting as genetic surrogate nor the surrogate’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic surrogacy agreement under this section. Section 28N. Parentage under validated genetic surrogacy agreement (a) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 28L or 28O of this chapter, each intended parent is, by operation of law, a parent of the resulting child. (b) On birth of a child conceived by assisted reproduction under a genetic surrogacy agreement validated under section 28L or 28O of this chapter, the intended parent or parents shall file a notice with the court that validated the agreement that a child has been born as a result of assisted reproduction. Upon receiving such notice, the court shall immediately, or as soon as practicable, issue an order without notice and hearing: (i) declaring that any intended parent or parents is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in any intended parent; (ii) declaring that the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, are not parents of the child; (iii) designating the contents of the birth certificate in accordance with chapter 46 and directing the department of public health to designate any intended parent as a parent of the child; (iv) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection in accordance with section 28J; (v) if necessary, that the child be surrendered to the intended parent or parents; and (vi) for other relief the court determines necessary and proper. (c) Except as otherwise provided in subsection (d) or section 28P, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a genetic surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the individual acting as genetic surrogate and the surrogate’s spouse or former spouse, if any, is a parent of the child. (d) If a child born to an individual acting as genetic surrogate is alleged not to have been conceived by assisted reproduction, the court may, upon finding sufficient evidence, order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction and the second source of genetic material is the spouse of the individual acting as genetic surrogate, then the surrogate and the spouse shall be found to be the parents of the child. If the second genetic source is an individual other than the spouse of the surrogate, then parentage shall be determined as provided in sections 1 through 27 of this chapter. However, if the second genetic source is an intended parent, the court, in its sole discretion, may determine parentage under sections 1 through 27 of this chapter. Unless the genetic surrogacy agreement provides otherwise, the individual acting as genetic surrogate is not entitled to any non-expense related compensation paid for acting as a surrogate if the child was not conceived by assisted reproduction. (e) If an intended parent fails to file the notice required under subsection (b) of this section, the individual acting as genetic surrogate may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the individual acting as genetic surrogate. On proof of a court order issued under sections 28L or 28O of this chapter validating the agreement, the court shall order that each intended parent is a parent of the child. Section 28O. Effect of nonvalidated genetic surrogacy agreement (a) A genetic surrogacy agreement, whether or not in a record, that is not validated under section 28L is enforceable only to the extent provided in this section and section 28Q. (b) If all parties agree, a court may validate a genetic surrogacy agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement if the court finds that: (i) sections 28B, 28C, or 28D of this chapter are satisfied; and (ii) all parties entered into the agreement voluntarily and understand its terms. (c) If a child conceived by assisted reproduction under a genetic surrogacy agreement that is not validated under section 28L or subsection (b) of this section is born, the individual acting as genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in subsection (a) of section 26 and the intent of the parties at the time of the execution of the agreement. (d) The parties to a genetic surrogacy agreement have standing to maintain a proceeding to adjudicate parentage under this section. Section 28P. Parentage of deceased intended parent under genetic surrogacy agreement (a) Except as otherwise provided in section 28N or 28O on birth of a child conceived by assisted reproduction under a genetic surrogacy agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in section 28N or 28O, an intended parent is not a parent of a child conceived by assisted reproduction under a genetic surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless: (i) the agreement provides otherwise; and (ii) the transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent. Section 28Q. Breach of genetic surrogacy agreement (a) Subject to section 28M(d), if a genetic surrogacy agreement is breached by an individual acting as a genetic surrogate or 1 or more intended parents, the non-breaching party is entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by an individual acting as genetic surrogate of a requirement of a validated or nonvalidated genetic surrogacy agreement that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b), specific performance is a remedy available for: (i) breach of a validated genetic surrogacy agreement by an individual acting as genetic surrogate of a requirement which prevents an intended parent from exercising, immediately upon birth of the child, the full rights of parentage; or (ii) breach by an intended parent which prevents the intended parent’s acceptance, immediately upon birth of the child, of the duties of parentage.

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An Act relative to protections for good samaritans

S948

SD2223

{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T14:19:58.723'}

[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T14:19:58.7233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S948/DocumentHistoryActions

Bill

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 948) of Julian Cyr for legislation relative to protections for good samaritans. The Judiciary.

SECTION 1. Section 34A of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after subsection (e), the following new subsections:- (f) A person acting in good faith may provide, administer, or utilize a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds. A person who, in good faith, provides, administers, or utilizes a controlled substance testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances, or hazardous compounds shall not be charged or prosecuted for possession of a controlled substance under section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of providing, administering, or utilizing a controlled substance testing product to provide assistance to another person. Controlled substance testing products shall include, but not be limited to, fentanyl test strips. (g) Notwithstanding any general or special law or rule or regulation to the contrary, a person acting in good faith to clinically monitor the consumption of pre-obtained controlled substances for the purpose of reducing the risks of disease transmission and preventing overdose deaths shall not be arrested, charged, or prosecuted for any criminal offense, including, but not limited to, charges pursuant to sections 13, 32I, 34, 43 or 47 of chapter 94C of the General Laws, or be subject to any civil or administrative penalty, including seizure or forfeiture of data records, assets or property, or disciplinary action by a professional licensing board, credentialing restriction, contractual liability, any action against clinical staff or other employment action, or be denied any right or privilege. SECTION 2. Section 32I of said chapter 94C is hereby amended by adding, after subsection (d), the following new subsection:- (e) This section shall not apply to supplies obtained at public health programs and deemed necessary by the department.

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An Act addressing discriminatory police reporting

S949

SD771

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T22:12:27.79'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T22:12:27.79'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S949/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 949) of Sal N. DiDomenico for legislation to address discriminatory police reporting. The Judiciary.

SECTION 1. Section 11I of chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- A private civil right of action shall exist against any individual who knowingly makes a false call to law enforcement or otherwise intentionally summons a law enforcement officer or agent, without reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property by an individual or group of individuals, in whole or in part because of a belief or perception of the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, sexual orientation or gender identity of the individual or group of individuals. The private civil action may be brought by the individual or group of individuals for injunctive relief, damages or other appropriate relief. If the court determines in any such action that the respondent has violated this section, an injunction may be issued by such court, enjoining and restraining any further violation, without requiring evidence that any person has been injured or damaged. For the purposes of this section, a person shall lack reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property if a reasonable person would not suspect such a violation, conduct or threat based on the totality of the circumstances. SECTION 2. Section 39 of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (c) Whoever knowingly makes a false police report or summons a law enforcement officer, without reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property by an individual or group of individuals, in whole or in part because of a belief or perception of the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, sexual orientation or gender identity of the individual shall be punished by a fine of not more than 5 thousand dollars or by imprisonment in a house of correction for not more than 2 ½ years or by both such fine and imprisonment. The court may also order restitution to the victim for property damage in an amount of not more than 3 times the value of property damage sustained by the owners of such property. For the purposes of this section, a person shall lack reason to suspect a violation of a criminal law, any criminal conduct or an imminent threat to person or property if a reasonable person would not suspect such a violation, conduct or threat based on the totality of the circumstances.

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An Act relative to individuals with intellectual or developmental disabilities

S95

SD978

{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T14:30:04.047'}

[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T14:30:04.0466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T09:32:20.9466667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-31T15:01:04.7666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T09:22:34.1266667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T12:46:58.32'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T16:03:39.2733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T16:03:39.2733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:40:26.63'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-15T13:14:54.75'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-23T11:19:42.8166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:33:05.8833333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T10:22:36.3433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-08T12:53:03.94'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T14:06:26.08'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:54:37.5266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-24T12:20:32.12'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-03T10:53:20.2766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S95/DocumentHistoryActions

Bill

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 95) of Patricia D. Jehlen, Sal N. DiDomenico, Mark C. Montigny, Michael O. Moore and other members of the General Court for legislation relative to individuals with intellectual or developmental disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Section 15F of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “Employ Handicapped Persons Week” and inserting in place thereof the following words:- Persons with Disabilities Employment Week. SECTION 2. Section 15LLLL of said chapter 6, as so appearing, is hereby amended by striking out, in line 2, the word “Autistic” and inserting in place thereof the following word:- Autism. SECTION 3. Section 15OOOOO of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words “disabled individuals” and inserting in place thereof the following words:- individuals with disabilities. SECTION 4. Section 56 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “and handicapped persons” and inserting in place thereof the following words:- persons and persons with disabilities. SECTION 5. Section 74 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 2, 6 and 9, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 6. Section 76 of said chapter 6, as so appearing, is hereby amended by striking out, in line 7, the word “handicaps” and inserting in place thereof the following word:- disabilities. SECTION 7. Section 77 of said chapter 6, as so appearing, is hereby amended by striking out, in line 19, the words “handicapped individual” and inserting in place thereof the following words:- individual with disabilities. SECTION 8. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 5, 34 and 58, the words “a handicapped individual” and inserting in place thereof, in each instance, the following words:- an individual with disabilities. SECTION 9. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 25, 29 and 30, and 38 the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- individuals with disabilities. SECTION 10. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 17, the words “handicapped individual’s family” and inserting in place thereof the following words:- family of the individual with disabilities. SECTION 11. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 45, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 12. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 49, the words “Handicapped person” and inserting in place thereof the following words:- Person with a disability. SECTION 13. Section 78 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “handicapped individual” and inserting in place thereof the following words:- individual with disabilities. SECTION 14. Said section 78 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 23, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with disabilities. SECTION 15. Said section 78 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 8 and 9, 15 and 16 and 17, the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- individuals with disabilities. SECTION 16. Section 78A of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 13, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 17. Section 79 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 20 and 27, the words “handicapped individuals” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 18. Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 25, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 19. Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 28, the words “handicapped individual” and inserting in place thereof the following words:- person with disabilities. SECTION 20. Section 81 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 8, 10, 14 and 17, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 21. Section 84 of said chapter 6, as so appearing, is hereby amended by striking out, in line 24, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 22. Section 106 of said chapter 6, as so appearing, is hereby amended by striking out, in line 11, the words “are disabled” and inserting in place thereof the following words:- have disabilities. SECTION 23. Section 131A of said chapter 6, as so appearing, is hereby amended by striking out, in line 3, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 24. Section 131B of said chapter 6, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 25. Section 143 of said chapter 6, as so appearing, is hereby amended by striking out, in line 11, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 26. Section 172 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 92 and 93, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 27. Section 172C of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words “is mentally retarded” and inserting in place thereof the following words:- has an intellectual or developmental disability. SECTION 28. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 5, the words “Disabled person” and inserting in place thereof the following words:- Person with disabilities. SECTION 29. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has a mental or physical disability. SECTION 30. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 17, the words “disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 31. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 18, the words “elderly or disabled persons” and inserting in place thereof the following words:- elderly persons or persons with disabilities. SECTION 32. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 33. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 33 and 34, the words “elderly or disabled person” and inserting in place thereof the following words:- elderly person or person with a disability. SECTION 34. Said section 172C of said chapter 6, as so appearing, is hereby further amended by striking out, in line 36, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 35. Section 172E of said chapter 6, as so appearing, is hereby amended by striking out, in line 10, the words “or disabled person” and inserting in place thereof the following words:- person or person with disabilities. SECTION 36. Said section 172E of said chapter 6, as so appearing, is hereby further amended by striking out, in line 13, the words “or disabled persons” and inserting in place thereof the following words:- persons or persons with disabilities. SECTION 37. Said section 172E of said chapter 6, as so appearing, is hereby further amended by striking out, in line 21, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 38. Section 178C of said chapter 6, as so appearing, is hereby amended by striking out, in lines 60 and 138 and 139, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual or developmental disability. SECTION 39. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 236, the words “the mentally retarded” and inserting in place thereof the following words:- persons with an intellectual disability. SECTION 40. Said section 178K of said chapter 6, as so appearing, is hereby further amended by striking out, in line 259, the words “mentally retarded person” and inserting in place thereof the following words:- persons with an intellectual disability. SECTION 41. Section 191 of said chapter 6, as so appearing, is hereby amended by striking out, in line 17, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 42. Section 16D of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in lines 58 and 59, the words “the disabled and chronically ill” and inserting in place thereof the following words:- persons with disabilities and chronically ill persons. SECTION 43. Section 16R of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 44. Section 18B of said chapter 6A, as so appearing, is hereby amended by striking out, in line 150, the words “the disabled community” and inserting in place thereof the following words:- the disability community. SECTION 45. Section 2 of chapter 6C of the General Laws, as so appearing, is hereby amended by striking out, in lines 82 and 85, the words “a disabled rider advocate” and inserting in place thereof, in each instance, the following words:- an advocate for riders with disabilities. SECTION 46. Section 5 of chapter 6D of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “in racial, ethnic and disabled communities” and inserting in place thereof the following words:- by race, ethnicity and disability. SECTION 47. Section 22N of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 48. Section 50 of said chapter 7, as so appearing, is hereby amended by striking out, in lines 34 and 35, and 37, the words “or disabled workers” and inserting in place thereof, in each instance, the following words:- workers or workers with disabilities. SECTION 49. Section 27 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 50. Section 9 of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 51. Section 38 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “retarded children” and inserting in place thereof the following words:- children with an intellectual or developmental disability. SECTION 52. Said section 38 of said chapter 10, as so appearing, is hereby further amended by striking out, in line 133, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 53. Section 15B of chapter 15 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words “visually-handicapped children” and inserting in place thereof the following words:- children with visual impairments. SECTION 54. Section 30 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “as being developmentally disabled” and inserting in place thereof the following words:- with a developmental disability. SECTION 55. Section 13 of chapter 15D of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the words “disabled parents” and inserting in place thereof the following words:- parents with disabilities. SECTION 56. Said section 13 of said chapter 15D, as so appearing, is hereby further amended by striking out, in line 49, the words “non-disabled parents” and inserting in place thereof the following words:- parents without disabilities. SECTION 57. Section 2 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 86, the word “disabled” and inserting in place thereof the following words:- with disabilities. SECTION 58. Said section 2 of said chapter 18, as so appearing, is hereby further amended by striking out, in line 179, the words “adult handicapped” and inserting in place thereof the following words:- adults with disabilities. SECTION 59. Section 5 of said chapter 18, as so appearing, is hereby amended by striking out, in line 18, the words “the disabled and the handicapped resident” and inserting in place thereof the following words:- and residents with a disability. SECTION 60. Section 21 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11, 18 and 32, the words “an intellectual disability” and inserting in place thereof, in each instance, the following words:- intellectual or developmental disabilities. SECTION 61. Said section 21 of said chapter 19, as so appearing, is hereby further amended by striking out, in line 16, the words “and mentally retarded individuals” and inserting in place thereof the following words:- individuals and individuals with intellectual or developmental disabilities. SECTION 62. Section 4 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “the adult handicapped” and inserting in place thereof the following words:- adults with disabilities. SECTION 63. Section 40 of said chapter 19A, as so appearing, is hereby amended by striking out, in line 47, the words “disabled enrollees” and inserting in place thereof the following words:- enrollees with disabilities’. SECTION 64. Said section 40 of said chapter 19A, as so appearing, is hereby further amended by striking out, in lines 49 and 50, the words “disabled individuals” and inserting in place thereof the following words:- individuals with disabilities. SECTION 65. Section 7 of chapter 19B of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words:- mental retardation. SECTION 66. Section 8 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 3, the words:- mental retardation. SECTION 67. Said section 8 of said chapter 19B, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 68. Section 1 of chapter 19C, as so appearing, is hereby amended by striking out, in lines 4, 11 and 33 the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 69. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “disabled person’s” and inserting in place thereof in each instance, the following words:- person with a disability’s. SECTION 70. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 15, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 71. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 17 and 18, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has an intellectual, developmental or physical disability. SECTION 72. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 31 and 32, 42 and 46, the words “disabled persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 73. Said section 1 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 39 and 41, the words “disabled person or persons” and inserting in place thereof, in each instance, the following words:- person or persons with disabilities. SECTION 74. Section 2 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 75. Section 3 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 20 and 21 and 28 and 29, the words “disabled persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 76. Section 4 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1, 11, 16, 26, 28 and 35, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 77. Said section 4 of said chapter 19C, as so appearing, is hereby further amended by striking out, in line 29, the words “mentally disabled” and inserting in place thereof the following words:- has an intellectual or developmental disability. SECTION 78. Said section 4 of said chapter 19C, as so appearing is hereby further amended by striking out, in lines 30 and 31, the words “disabled person is physically disabled” and inserting in place thereof the following words:- person with a disability has a physical disability. SECTION 79. Section 5 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1, 13, 33, 50, 63, 73, 75 and 77 and 78, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 80. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 9 and 12, the words “disabled person’s” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 81. Section 6 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 10 and 15, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 82. Section 7 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, 18, 20 and 21, 22, 29, 35, 39 and 40, 46, 47 and 48, 59, 61, 65, 67 and 68, the words “disabled person” and inserting in place thereof, in each instance, the following words: - person with a disability. SECTION 83. Section 8 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 2, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 84. Said section 8 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 85. Section 10 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 86. Section 11 of said chapter 19C, as so appearing, is hereby amended by striking out, in line 9, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 87. Section 13 of said chapter 19C, as so appearing, is hereby amended by striking out, in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 88. Section 1 of chapter 19D of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “elderly or disabled individuals” and inserting in place thereof the following words:- elderly individuals or individuals with disabilities. SECTION 89. Section 14 of said chapter 19D, as so appearing, is hereby amended by striking out, in line 14, the words “the elderly and disabled” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 90. Section 16 of said chapter 19D, as so appearing, is hereby amended by striking out, in line 5, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 91. Section 2 of chapter 21H of the General Laws, as so appearing, is hereby amended by striking out, in lines 73 and 74, the word “retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 92. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “the physically handicapped” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 93. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 47, 48, 50 and 80 and 81, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 94. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 41, 53, 102 and 103, 109 and 110, 116 and 117, 126, 177, 179 and 187, the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with physical disabilities. SECTION 95. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 200 and 204, the words “Physically handicapped persons” and inserting in place thereof, in each instance, the following words:- Persons with physical disabilities. SECTION 96. Section 16 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “temporarily or permanently disabled by reason of” and inserting in place thereof the following words:- such a trainee or officer obtains a temporary or permanent disability caused by. SECTION 97. Section 32 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 13, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 98. Section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by striking out, in line 49, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 99. Section 15 of chapter 23E of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “disabled worker” and inserting in place thereof the following words:- worker with a disability. SECTION 100. Section 6 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 101. Section 2WWW of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 83, the words “disabled citizens” and inserting in place thereof the following words:- citizens with disabilities. SECTION 102. Section 9B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 103. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 104. Said section 1 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 82, the word “Handicap” and inserting in place thereof the following word:- Disability. SECTION 105. Section 5 of said chapter 31, as so appearing, is hereby amended by striking out, in line 30, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 106. Said section 5 of said chapter 31, as so appearing, is hereby further amended by striking out, in line 33, the word “handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 107. Section 16 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 10 and 13, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 108. Section 47 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 32 and 33, the words “such mentally retarded person” and inserting in place thereof the following words:- a person with an intellectual disability. SECTION 109. Section 47A of said chapter 31, as so appearing, is hereby amended by striking out, in line 50, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 110. Section 63 of said chapter 31, as so appearing, is hereby amended by striking out, in line 25, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 111. Section 1 of chapter 31A of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 112. Section 21 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 279, the words “Disabled Employees” and inserting in place thereof the following words:- Employees with Disabilities. SECTION 113. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 285, the words “disabled employee” and inserting in place thereof the following words:- employee with a disability. SECTION 114. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 290 and 291, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 115. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 347, the words “disabled members” and inserting in place thereof the following words:- members with disabilities. SECTION 116. Said section 21 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 362, the words “disabled individual” and inserting in place thereof the following words:- individual with a disability. SECTION 117. Section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in line 418, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 118. Section 46 of said chapter 32, as so appearing, is hereby amended by striking out, in line 11, the words “become permanently disabled” and inserting in place thereof the following words:- obtained a permanent disability. SECTION 119. Section 75 of said chapter 32, as so appearing, is hereby amended by striking out, in line 11, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- to have a permanent mental or physical disability. SECTION 120. Section 80 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- have a permanent mental or physical disability caused. SECTION 121. Section 81A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent physical or mental disability caused. SECTION 122. Section 83 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “be permanently disabled, mentally or physically,” and inserting in place thereof the following words:- have a permanent mental or physical disability caused. SECTION 123. Section 83A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent mental or physical disability caused. SECTION 124. Section 85E of said chapter 32, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “becomes permanently disabled, mentally or physically,” and inserting in place thereof the following words:- obtains a permanent mental or physical disability caused. SECTION 125. Section 85H of said chapter 32, as so appearing, is hereby amended by striking out, in line 4, the words “becomes permanently disabled mentally or physically” and inserting in place thereof the following words:- obtains a permanent physical or mental disability caused. SECTION 126. Said section 85H of said chapter 32, as so appearing, is hereby further amended by striking out, in line 16, the words “is disabled” and inserting in place thereof the following words:- obtains a disability. SECTION 127. Section 89E of said chapter 32, as so appearing, is hereby amended by striking out, in line 64, the words “or disabled children” and inserting in place thereof the following words:- children or children with disabilities. SECTION 128. Section 2 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in line 70, the words “handicapped child” and inserting in place thereof the following words:- child with a disability. SECTION 129. Section 88 of chapter 33 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “is disabled” and inserting in place thereof the following words:- obtains a disability. SECTION 130. Section 14B of chapter 34 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 131. Said section 14B of said chapter 34, as so appearing, is hereby further amended by striking out, in line 4, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 132. Said section 14B of said chapter 34, as so appearing, is hereby further amended by striking out, in line 9, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 133. Section 3 of chapter 38 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words “mental retardation institution” and inserting in place thereof the following words:- intermediate care facility for individuals with intellectual disabilities. SECTION 134. Said section 3 of said chapter 38, as so appearing, is hereby further amended by striking out, in line 23, the words “disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 135. Section 4E of section 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 349, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with developmental disabilities. SECTION 136. Section 21 of said chapter 40, as so appearing, is hereby amended by striking out, in lines 137, 192 and 196 and 197, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 137. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 137 and 138, 139 and 140, 192 and 193 and 197, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 138. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 142, 152 and 153, 155, 157, 182 and 198 and 199, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 139. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in line 152, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 140. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 177 and 178, the word “Handicapped” and inserting in place thereof the following word:- Disability. SECTION 141. Said section 21 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 185 and 186, the word “handicapped” and inserting in place thereof, in each instance, the following word:- disability. SECTION 142. Section 22 of said chapter 40, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words “disabled veteran or handicapped person” and inserting in place thereof the following words:- veteran with a disability or person with a disability. SECTION 143. Said section 22 of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 144. Section 22A of said chapter 40, as so appearing, is hereby amended by striking out, in lines 32 and 53, the words “disabled veteran” and inserting in place thereof, in each instance, the following words:- veteran with disabilities. SECTION 145. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in lines 32 and 33, 35, 37, 53, 55, 58 and 68 and 69, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 146. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in line 61, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 147. Said section 22A of said chapter 40, as so appearing, is hereby further amended by striking out, in line 64, the word “Handicapped” and inserting in place thereof the following word:- Disability. SECTION 148. Section 22D of said chapter 40, as so appearing, is hereby amended by striking out, in lines 17 and 20, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 149. Said section 22D of said chapter 40, as so appearing, is hereby further amended by striking out, in line 15, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 150. Said section 22D of said chapter 40, as so appearing, is hereby further amended by striking out, in line 17, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 151. Section 22G of said chapter 40, as so appearing, is hereby amended by striking out, in line 3, the word “handicap” and inserting in place thereof the word:- disability. SECTION 152. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out, in line 96, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 153. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 119, the words “handicapped access ramps” and inserting in place thereof the following words:- access ramps for persons with disabilities. SECTION 154. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by striking out, in line 121, the words “physically handicapped person” and inserting in place thereof the following words:- person with a physical disability. SECTION 155. Section 6 of chapter 40R of the General Laws, as so appearing, is hereby amended by striking out, in lines 61, 65 and 67, the words “the disabled” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 156. Section 98F of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with a disability. SECTION 157. Section 86 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “permanently disabled voters” and inserting in place thereof the following words:- voters with permanent disabilities. SECTION 158. Said section 86 of said chapter 54, as so appearing, is hereby further amended by striking out, in line 27, the words “permanently disabled voters’ list” and inserting in place thereof the following words:- list of voters with permanent disabilities. SECTION 159. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in lines 714, 756 and 757, 799, 865 and 901, the words “disabled veteran” and inserting in place thereof, in each instance, the following words:- veteran with a disability. SECTION 160. Section 3D of chapter 60 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9 and 21, the word “disabled” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 161. Said section 3D of said chapter 60, as so appearing, is hereby further amended by striking out, in line 10, the words "elderly and disabled persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 162. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by striking out, in lines 102 and 103, the words “be permanently disabled” and inserting in place thereof the following words:- have a permanent disability. SECTION 163. Section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 90, the words “are disabled” and inserting in place thereof the following words:- have disabilities. SECTION 164. Section 2 of chapter 64G of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with intellectual or developmental disabilities. SECTION 165. Said section 2 of said chapter 64G, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “developmentally disabled individual” and inserting in place thereof the following words:- individual with an intellectual or developmental disability. SECTION 166. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out, in line 351, the words “to be permanently disabled” and inserting in place thereof the following words:- to have a permanent disability. SECTION 167. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 353, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 168. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 421, the words “elderly or handicapped persons” and inserting in place thereof the following words:- elderly persons or persons with disabilities. SECTION 169. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 431, the words “developmentally disabled individuals” and inserting in place thereof the following words:- individuals with developmental disabilities. SECTION 170. Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in lines 437 and 438, the words “a developmentally disabled individual” and inserting in place thereof the following words:- an individual with developmental disabilities. SECTION 171. Section 1C of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in line 76, the words “developmentally disabled students” and inserting in place thereof the following words:- students with developmental disabilities. SECTION 172. Section 7 of chapter 71A of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “severely learning disabled” and inserting in place thereof the following words:- having a severe learning disability. SECTION 173. Section 1 of chapter 71B of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “are not disabled” and inserting in place thereof the following words:- do not have disabilities. SECTION 174. Section 3 of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 175 and 217, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- developmental services. SECTION 175. Section 8 of said chapter 71B, as so appearing, is hereby amended by striking out, in line 10, the words “disabled child” and inserting in place thereof the following words:- child with a disability. SECTION 176. Section 12A of said chapter 71B, as so appearing, is hereby amended by striking out, in line 3, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 177. Said section 12A of said chapter 71B, as so appearing, is hereby further amended by striking out, in lines 14, 26, 30 and 31 and 33, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 178. Section 12B of said chapter 71B, as so appearing, is hereby amended by striking out, in line 6, the words "disabled persons” and inserting in place thereof the words:- persons with disabilities. SECTION 179. Section 12C of said chapter 71B, as so appearing, is hereby amended by striking out, in lines 1, 17, 31, 37, 44 and 45, 56, 65, 74 and 75 and 92, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with disabilities. SECTION 180. Said section 12C of said chapter 71B, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words “to be disabled” and inserting in place thereof the following words:- to have a disability. SECTION 181. Said section 12C of said chapter 71B, as so appearing, is hereby further amended by striking out, in line 50, the words “is not disabled” and inserting in place thereof the following words:- does not have a disability. SECTION 182. Section 22D of chapter 74 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4 and 6, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 183. Section 2 of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in lines 29 and 30, the words “as developmentally disabled” and inserting in place thereof the following words:- with a developmental disability. SECTION 184. Section 12B of chapter 76 of the General Laws, as so appearing, is hereby amended by striking out, in line 197, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 185. Section 19E of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the words “to the handicapped and disadvantaged” and inserting in place thereof the following words:- to persons with disabilities and disadvantaged persons. SECTION 186. Said section 19E of said chapter 78, as so appearing, is hereby further amended by striking out, in lines 51 and 52, the words “persons who are visually impaired, mentally, physically, or emotionally handicapped” and inserting in place thereof the following words:- persons with visual, mental, physical or emotional disabilities. SECTION 187. Section 19J of said chapter 78, as so appearing, is hereby amended by striking out, in line 12, the word “handicapped” and inserting in place thereof the following word:- disability. SECTION 188. Section 2 of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in line 95, the words “otherwise handicapped children” and inserting in place thereof the following words:- other children with disabilities. SECTION 189. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 190. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 185 and 257 and 258, the words “or handicap”. SECTION 191. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 246, the words “Disabled Veteran” and inserting in place thereof the following words:- Veteran with a Disability. SECTION 192. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 262, the words “and handicap”. SECTION 193. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 307, 310 and 339, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 194. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 315, the words “the handicapped” and inserting in place thereof the following words:- persons with disabilities. SECTION 195. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 322, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 196. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 321, 333 and 356, the word “handicapped” and inserting in place thereof the following word:- accessible. SECTION 197. Said section 2 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 325, 352, 355, 358, 363, 374, 375, 376, 378 and 379, 380, 383, 384, 385, 387 and 389, the word “handicapped” and inserting in place thereof, in each instance, the following word:- disability. SECTION 198. Section 13A of said chapter 90, as so appearing, is hereby amended by striking out, in line 12, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 199. Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 189 and 191, the words “disabled veteran” and inserting place thereof, in each instance, the following words:- veteran with a disability. SECTION 200. Section 41 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “disabled veteran or a handicapped person” and inserting in place thereof the following words:- veteran with a disability or a person with a disability. SECTION 201. Section 4 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 202. Section 82 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “becomes significantly physically or medically disabled” and inserting in place thereof the following words:- obtains a significant physical or medical disability. SECTION 203. Section 103 of said chapter 93, as so appearing, is hereby amended by striking out, in line 2, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 204. Section 6 of chapter 93B of the General Laws, as so appearing, is hereby amended by striking out, in line 173, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 205. Section 295CC of chapter 94 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “handicapped person or disabled veteran number plates” and inserting in place thereof the following words:- person with a disability or veteran with a disability number plates. SECTION 206. Section 2A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 207. Section 4O of said chapter 111, as so appearing, is hereby amended by striking out, in line 24, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 208. Section 6D of said chapter 111, as so appearing, is hereby amended by striking out, in lines 2 and 23 and 24, the words “genetically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with genetic disabilities. SECTION 209. Section 24E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 210. Section 25B of said chapter 111, as so appearing, is hereby amended by striking out, in lines 56 and 57, the words “the developmentally disabled or mentally ill” and inserting in place thereof the following words:- persons with developmental disabilities or mentally ill persons. SECTION 211. Section 25C of said chapter 111, as so appearing, is hereby amended by striking out, in lines 144 and 145, and 196 and 197, the words “the mentally ill or developmentally disabled” and inserting in place thereof, in each instance, the following words:- mentally ill persons or persons with developmental disabilities. SECTION 212. Section 62J of said chapter 111, as so appearing, is hereby amended by striking out, in line 15, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 213. Section 67E of said chapter 111, as so appearing, is hereby amended by striking out, in line 42, the words “mental retardation” and inserting in place thereof the following words:- intellectual disability. SECTION 214. Section 69E of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 215. Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 10, 25 and 26, 82, 94, 141, 187, 190 and 191 and 231, the words “the mentally retarded” and inserting in place thereof, in each instance, the following words:- persons with intellectual disabilities. SECTION 216. Said section 71 of said chapter 111, as so appearing, is hereby further amended by inserting after the word “mental”, in line 197, the word:- health. SECTION 217. Section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities. SECTION 218. Said section 72 of said chapter 111, as so appearing, is hereby further amended by striking out, in line 18, the words “mentally retarded and developmentally disabled persons” and inserting in place thereof the following words:- persons with intellectual and developmental disabilities. SECTION 219. Section 72M of said chapter 111, as so appearing, is hereby amended by striking out, in line 24, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 220. Section 72O of said chapter 111, as so appearing, is hereby amended by striking out, in lines 49 and 50 and 62 and 63, the words “the aged and disabled” and inserting in place thereof, in each instance, the following words:- aged persons and persons with disabilities. SECTION 221. Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out, in line 12, the word “retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 222. Section 193 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “or retarded”. SECTION 223. Section 1 of chapter 111G of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the words “handicapping conditions” and inserting in place thereof the following word:- disabilities. SECTION 224. Section 23A of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 40, the words “for the handicapped” and inserting in place thereof the following words:- for persons with disabilities. SECTION 225. Section 87B½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 198, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 226. Section 87XX½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 15, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 227. Section 163 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 31 and 32, the words “physically or mentally handicapped individuals” and inserting in place thereof the following words:- individuals with physical disabilities or mental health issues. SECTION 228. Section 1 of chapter 118A of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “aged and disabled persons” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 229. Said section 1 of said chapter 118A, as so appearing, is hereby further amended by striking out, in line 7, the words “aged and disabled individuals” and inserting in place thereof the following words:- aged individuals and individuals with disabilities. SECTION 230. Said section 1 of said chapter 118A, as so appearing, is hereby further amended by striking out, in line 16, the words “the aged and disabled” and inserting in place thereof the following words:- aged persons and persons with disabilities. SECTION 231. Section 7 of said chapter 118A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “aged and disabled residents” and inserting in place thereof the following words:- aged residents and residents with disabilities. SECTION 232. Section 9D of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out, in lines 35 and 36, the words “and disabled persons” and inserting in place thereof the following words:- persons and persons with disabilities. SECTION 233. Section 16 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 14, the words “disabled residents” and inserting in place thereof the following words:- residents with disabilities. SECTION 234. Section 16A of said chapter 118E, as so appearing, is hereby amended by striking out, in line 2, the words “disabled children” and inserting in place thereof the following words:- children with disabilities. SECTION 235. Section 16D of said chapter 118E, as so appearing, is hereby further amended by striking out, in line 44, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 236. Section 19 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 8, the word “handicapping” and inserting in place thereof the following word:- disabling. SECTION 237. Section 31 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 16 and 39 and 40, the words “permanently and totally disabled” and inserting in place thereof, in each instance, the following words:- has a permanent and total disability. SECTION 238. Section 78 of said chapter 118E, as so appearing, is hereby amended by striking out in lines 10 and 11, the words “non-disabled persons” and inserting in place thereof the following words:- persons without disabilities. SECTION 239. Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 49 and 50, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disabilities. SECTION 240. Section 14 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “developmentally disabled” and inserting in place thereof the following words:- a person with a developmental disability. SECTION 241. Section 10 of chapter 121A of the General Laws, as so appearing, is hereby amended by striking out, in line 153, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 242. Said section 10 of said chapter 121A, as so appearing, is hereby further amended by striking out, in line 154, the words “learning disabled children” and inserting in place thereof the following words:- children with learning disabilities. SECTION 243. Section 18D of said chapter 121A, as so appearing, is hereby amended by striking out, in line 87, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 244. Section 1 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out in line 96, the words “Handicapped persons” and inserting in place thereof the following words:- Persons with disabilities. SECTION 245. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 107, the words “handicapped or disabled person” and inserting in place thereof the following words:- person with disabilities. SECTION 246. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out in lines 109 and 113, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 247. Said section 1 of said chapter 121B, as so appearing, is hereby further amended by striking out in line 110, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 248. Section 26 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 150 and 157 and 158, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 249. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 151, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 250. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 159 and 161, the words “handicapped residents” and inserting in place thereof, in each instance, the following words:- residents with disabilities. SECTION 251. Said section 26 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 237 and 240, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 252. Section 32 of said chapter 121B, as so appearing, is hereby amended by striking out, in line 116, the words “physical handicap” and inserting in place thereof the following words:- physical disability. SECTION 253. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 130 and 136, the words “disabled veterans” and inserting in place thereof, in each instance, the following words:- veterans with disabilities. SECTION 254. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 150, 153 and 155 and 156, the word “handicap-accessible” and inserting in place thereof, in each instance, the following word:- accessible. SECTION 255. Said section 32 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 181, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 256. Section 34 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words “is permanently and totally disabled” and inserting in place thereof the following words:- has a permanent and total disability. SECTION 257. Section 38 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 30, 37 and 38 and 39, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 258. Section 38A of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 2, 8 and 16, the words “the handicapped” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 259. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 7, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 260. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 11 and 12, 14, 18 and 19, 21, 25, 28 and 35 and 36, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 261. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 30, the words “physically handicapped” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 262. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 31 and 32, the words “mental retardation, emotional deficiencies” and inserting in place thereof the following words:- intellectual or developmental disabilities. SECTION 263. Said section 38A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “socially disadvantaged and handicapped persons” and inserting in place thereof the following words:- socially disadvantaged persons with a disability. SECTION 264. Section 38D of said chapter 121B, as so appearing, is hereby amended by striking out, in line 156, the words “elderly and handicapped persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 265. Section 39 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 3, 38 and 39, 44, 48, 50, 52, 63, 68, 73,76, 89, 97 and 100, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 266. Said section 39 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 95, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 267. Section 40 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 2, 6, 12, 19 and 20, 28 and 29 and 62 and 63, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 268. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 13, the words “is handicapped” and inserting in place thereof the following words:- has a disability. SECTION 269. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 24 and 26, the words “the handicapped” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 270. Said section 40 of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 27 and 41, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 271. Section 41A of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 5 and 18 and 19, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability. SECTION 272. Said section 41A of said chapter 121B, as so appearing, is hereby further amended by striking out, in lines 6 and 7 and 19 and 20, the words “persons is handicapped” and inserting in place thereof, in each instance, the following words:- persons have a disability. SECTION 273. Section 42 of said chapter 121B, as so appearing, is hereby amended by striking out, in lines 6 and 19, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability. SECTION 274. Said section 42 of said chapter 121B, as so appearing, is hereby further amended by striking out in lines 7 and 20, the words “is handicapped” and inserting in place thereof, in each instance, the following words:- have a disability. SECTION 275. Section 44 of said chapter 121B, as so appearing, is hereby amended by striking out, in line 10, the words “handicapped persons” and inserting in place thereof the following words:- persons with a disability. SECTION 276. Said section 44 of said chapter 121B, as so appearing, is hereby further amended by striking out in line 11, the words “persons is handicapped” and inserting in place thereof the following words:- persons have a disability. SECTION 277. Section 2 of chapter 121E of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 278. Section 1 of chapter 122 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 279. Section 14 of said chapter 122, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 280. Section 1 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in lines 45 and 46, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 281. Section 3 of chapter 123B of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “the mentally retarded” and inserting in place thereof the following words:- persons with intellectual disabilities. SECTION 282. Said section 3 of said chapter 123B, as so appearing, is hereby further amended by striking out, in line 18, the words “intellectually disabled ward” and inserting in place thereof the following words:- ward for individuals with intellectual disabilities. SECTION 283. Section 133E of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 284. Section 17C of chapter 130 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 285. Section 13 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 49, the words “mentally retarded” and inserting in place thereof the following words:- persons with intellectual or developmental disabilities. SECTION 286. Said section 13 of said chapter 131, as so appearing, is hereby further amended by striking out, in line 50, the words “mentally retarded” and inserting in place thereof the following words:- with intellectual or developmental disabilities. SECTION 287. Section 69 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “is permanently disabled” and inserting in place thereof the following words:- has a permanent disability. SECTION 288. Section 2D of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “disabled veteran” and inserting in place thereof the following words:- veteran with a disability. SECTION 289. Said section 2D of said chapter 132A, as so appearing, is hereby amended by striking out in line 17, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 290. Section 3W of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out in lines 6 and 7, the words “physically handicapped” and inserting in place thereof the following words:- persons with a physical disability. SECTION 291. Section 30A of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “mental retardation” and inserting in place thereof the following words:- developmental services. SECTION 292. Section 105D of said chapter 149, as so appearing, is hereby amended by striking out, in line 9, the words “is mentally or physically disabled” and inserting in place thereof the following words:- has mental or physical disabilities. SECTION 293. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out in line 32, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 294. Section 9 of said chapter 151, as so appearing, is hereby amended by striking out in line 5, the words “physical or mental deficiency” and inserting in place thereof the following words:- physical or mental disability. SECTION 295. Said section 9 of said chapter 151, as so appearing, is hereby further amended by striking out, in line 7, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 296. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in lines 137, 138 and 155, the word “handicap” and inserting in place thereof, in each instance, the following word:- disability. SECTION 297. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 133, 133 and 134 and 154, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 298. Said section 1 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 160 and 161, the words “physically or mentally handicapped person” and inserting in place thereof the following words:- person with a physical or intellectual or developmental disability. SECTION 299. Section 3 of said chapter 151B, as so appearing, is hereby amended by striking out, in line 22, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 300. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 301. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 56, the words “elderly and handicapped persons” and inserting in place thereof the following words:- elderly persons and persons with disabilities. SECTION 302. Section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 191, 207, 214, 402 and 403, 414, 421, 634, 645 and 693, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 303. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 338 and 340, the words “handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with disabilities. SECTION 304. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 190, 207, 213 and 214, 233, 267, 296, 303, 315, 329, 364, 371, 381, 401, 469, 481, 490, 495, 502, 692, 718 and 723, the word “handicap” and inserting in place thereof, in each instance, the following word:- disability. SECTION 305. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 604, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 306. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 717, the words “a handicapped individual” and inserting in place thereof the following words:- an individual with disabilities. SECTION 307. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in line 191, the words “a disabled employee” and inserting in place thereof the following words:- an injured and otherwise eligible employee. SECTION 308. Section 20B of said chapter 152, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “an incapacitated, disabled or deceased physician” and inserting in place thereof the following words:- a physician who is incapacitated, has a disability or is deceased. SECTION 309. Section 28 of said chapter 152, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “mentally retarded persons eighteen years of age or older unless:” and inserting in place thereof the following words:- persons age 18 or older who have an intellectual disability as defined in the current version of the Diagnostic and Statistical Manual of Mental Disorders unless:. SECTION 310. Section 37A of said chapter 152, as so appearing, is hereby amended by striking out, in line 1, the word “disabled” and inserting in place thereof the following words:- has a disability. SECTION 311. Section 75B of said chapter 152, as so appearing, is hereby amended by striking out, in line 5, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. SECTION 312. Section 19A of chapter 159 of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “certified handicapped or elderly” and inserting in place thereof the following words:- certified persons with disabilities or elderly. SECTION 313. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 314. Section 9 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 42, the words “the disabled” and inserting in place thereof the following words:- persons with disabilities. SECTION 315. Section 25 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words “handicapping condition” and inserting in place thereof the following word:- disability. SECTION 316. Section 5 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out, in lines 26, 30 and 45, the words “disabled commuter” and inserting in place thereof, in each instance, the following words:- commuters with disabilities. SECTION 317. Said section 5 of said chapter 161B, as so appearing, is hereby further amended by striking out, in lines 37 and 38, the words “the physically disabled” and inserting in place thereof the following words:- persons with physical disabilities. SECTION 318. Section 15E of chapter 166 of the General Laws, as so appearing, is hereby amended by striking out, in line 192, the following words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 319. Section 24 of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “becomes totally and permanently disabled” and inserting in place thereof the following words:- obtains a permanent and total disability. SECTION 320. Section 36 of said chapter 175, as so appearing, is hereby amended by striking out, in line 19, the words “or disabled employees” and inserting in place thereof the following words:- employees or employees with disabilities. SECTION 321. Section 108 of said chapter 175, as so appearing, is hereby amended by striking out, in line 111, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECTION 322. Said section 108 of said chapter 175, as so appearing, is hereby further amended by striking out, in lines 588 and 589, the words “become totally and permanently disabled” and inserting in place thereof the following words:- obtain a permanent and total disability. SECTION 323. Section 120A of said chapter 175, as so appearing, is hereby amended by striking out, in line 3, the words “mental retardation” and inserting in place thereof the following words:- intellectual or developmental disability. SECTION 324. Section 162Q of said chapter 175, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “becomes mentally or physically disabled” and inserting in place thereof the following words:- obtains a mental or physical disability. SECION 325. Section 222 of said chapter 175, as so appearing, is hereby amended by striking out, in line 114, the words “becomes physically or mentally disabled” and inserting in place thereof the following words:- obtains a physical or mental disability. SECTION 326. Section 9 of chapter 176J of the General Laws, as so appearing, is hereby amended by striking out, in lines 40 and 155, the words “been disabled” and inserting in place thereof, in each instance, the following words:- had a disability. SECTION 327. Said section 9 of said chapter 176J, as so appearing, is hereby further amended by striking out, in line 69, the words “is disabled” and inserting in place thereof the following words:- has a disability. SECITON 328. Said section 9 of said chapter 176J, as so appearing, is hereby further amended by striking out, in lines 73 and 159 and 160, the words “is no longer disabled” and inserting in place thereof, in each instance, the following words:- no longer has a disability. SECTION 329. Section 23D of chapter 184 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 330. Section 17A of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in line 72, the words “or mentally retarded persons” and inserting in place thereof the following words:- persons or persons with an intellectual or developmental disability. SECTION 331. Section 1 of chapter 188 of the General Laws, as so appearing, is hereby amended by striking out, in line 50, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 332. Section 2 of said chapter 188, as so appearing, is hereby amended by striking out, in lines 2, 7, 20 and 39 and 40, the words “elderly or disabled person” and inserting in place thereof, in each instance, the following words:- elderly person or person with a disability. SECTION 333. Said section 2 of said chapter 188, as so appearing, is hereby further amended by striking out, in lines 11 and 17 and 18, the words “elderly or disabled person’s” and inserting in place thereof, in each instance, the following words:- elderly person’s or person with a disability’s. SECTION 334. Section 5 of said chapter 188, as so appearing, is hereby amended by striking out, in lines 19 and 20 and 21, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 335. Section 5-101 of chapter 190B of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the words “Mentally retarded person” and inserting in place thereof the following words:- Person with an intellectual or developmental disability. SECTION 336. Said section 5-101 of said chapter 190B, as so appearing, is hereby further amended by striking out, in line 53, the words “injured, disabled” and inserting in place thereof the following words:- injured persons, persons with disabilities. SECTION 337. Said section 5-101 of said chapter 190B, as so appearing, is hereby further amended by striking out, in line 58, the words “developmentally disabled facility” and inserting in place thereof the following words:- facility for persons with intellectual or developmental disabilities. SECTION 338. Section 5-304 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 16, the words “to be mentally retarded” and inserting in place thereof the following words:- to have an intellectual or developmental disability. SECTION 339. Section 5-309 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 57, the words “or a mental retardation facility” and inserting in place thereof the following words:- intermediate care facility for individuals with intellectual disabilities. SECTION 340. Section 5-404 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 57, the words “be developmentally disabled” and inserting in place thereof the following words:- have an intellectual or developmental disability. SECTION 341. Section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:- an intellectual disability. SECTION 342. Section 25 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “mentally or physically disabled persons” and inserting in place thereof the following words:- persons with intellectual, developmental or physical disabilities. SECTION 343. Said section 25 of said chapter 211, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words “disabled community” and inserting in place thereof the following words:- the disability community. SECTION 344. Section 34 of chapter 215 of the General Laws, as so appearing, is hereby amended by striking out, in line 57, the words “is not disabled” and inserting in place thereof the following words:- does not have a disability. SECTION 345. Section 9 of chapter 221A of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “elderly and handicapped individuals” and inserting in place thereof the following words:- elderly individuals and individuals with disabilities. SECTION 346. Section 16 of chapter 224 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, 42 and 53, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 347. Section 85V of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “the physically handicapped or mentally retarded” and inserting in place thereof the following words:- persons with physical or intellectual or developmental disabilities. SECTION 348. Section 23E of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 50, the words “mental retardation” and inserting in place thereof, in each instance, the following words:- an intellectual or developmental disability. SECTION 349. Section 3 of chapter 234A of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “Physically handicapped persons” and inserting in place thereof the following words:- Persons with physical disabilities. SECTION 350. Section 4 of said chapter 234A, as so appearing, is hereby amended by striking out, in line 29, the words “is permanently disabled” and inserting in place thereof the following words:- has a permanent disability. SECTION 351. Said section 4 of said chapter 234A, as so appearing, is hereby further amended by striking out, in lines 36 and 37, the words “permanently disabled person” and inserting in place thereof the following words:- person with a permanent disability. SECTION 352. Said section 4 of said chapter 234A, as so appearing, is hereby further amended by striking out, in lines 39, 41 and 44, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 353. Section 56 of said chapter 234A, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “handicapped and elderly jurors or handicapped and elderly dependents of jurors” and inserting in place thereof the following words:- elderly jurors and jurors with disabilities, elderly dependents of jurors or juror dependents with disabilities. SECTION 354. Section 34 of chapter 235 of the General Laws, as so appearing, is hereby amended by striking out, in line 56, the words “handicapped person” and inserting in place thereof the following words:- person with disabilities. SECTION 355. Section 9 of chapter 239 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 25, the words “handicapped person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 356. Said section 9 of said chapter 239, as so appearing, is hereby further amended by striking out, in line 32, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 357. Section 5B of chapter 260 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “handicap” and inserting in place thereof the following word:- “disability. SECTION 358. Section 40 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in line 110, the words “disabled abuse” and inserting in place thereof the following words:- abuse of persons with disabilities. SECTION 359. Section 13F of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2, 3, 12, 13, 14 and 15 and 15 and 16, the words “an intellectual disability” and inserting in place thereof, in each instance, the following words:- an intellectual or developmental disability. SECTION 360. Said section 13F of said chapter 265, as so appearing, is hereby further amended by striking out, in lines 21 and 22 and 22, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:- person with an intellectual or developmental disability. SECTION 361. Section 39 of said chapter 265, as so appearing, is hereby amended by striking out, in line 11, the word “handicap” and inserting in place thereof the following word:- disability. SECTION 362. Section 45 of said chapter 265, as so appearing, is hereby amended by striking out, in line 3, the words “mentally retarded person” and inserting in place thereof the following words:- person with an intellectual or developmental disability. SECTION 363. Section 123 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “and developmentally disabled persons” and inserting in place thereof the following words:- persons and persons with intellectual or developmental disabilities. SECTION 364. Section 7 of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in line 66, the words “or mentally retarded persons” and inserting in place thereof the following words:- persons or persons with intellectual or developmental disabilities. SECTION 365. Section 48 of chapter 271 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “disabled veterans” and inserting in place thereof the following words:- veterans with disabilities. SECTION 366. Section 98A of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3 and 14 and 15, the words “deaf or hearing handicapped person, or other physically handicapped person” and inserting in place thereof, in each instance, the following words:- person who is deaf or person with a hearing disability or other disability. SECTION 367. Said Section 98A of said chapter 272, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “deaf or hearing handicapped, or other physically handicapped person” and inserting in place thereof, the following words:- person who is deaf or person with a hearing disability or other disability. SECTION 368. Section 23 of chapter 273 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 369. Section 100E of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words “Disabled person” and inserting in place thereof the following words:- Person with a disability. SECTION 370. Said section 100E of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 32 and 33, the words “is otherwise mentally or physically disabled” and inserting in place thereof the following words:- otherwise has mental or physical disabilities. SECTION 371. Section 100J of said chapter 276, as so appearing, is hereby amended by striking out, in line 9, the words “disabled person” and inserted in place thereof the following words:- person with a disability.

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An Act relative to housing court jurisdiction

S950

SD775

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T16:10:30.94'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T16:10:30.94'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S950/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 950) of Sal N. DiDomenico for legislation relative to housing court jurisdiction. The Judiciary.

SECTION 1. Section 3 of chapter 185C of the General Laws, as appearing in the 2020 edition, is hereby amended by striking out, in the first sentence in paragraph (1), the following:- “arising in the city of Boston in the case of that division, in the counties of Berkshire, Franklin, Hampden and Hampshire in the case of the western division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions” SECTION 2. Section 3 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in the second sentence in paragraph (1), the following:- “the city of Boston, in the case of that division, Berkshire, Franklin, Hampden and Hampshire counties, in the case of the western division and within the cities and towns included in the Worcester county division, northeastern division and southeastern division, in the case of those divisions” and adding in place thereof:- "those divisions" SECTION 3. This Act shall take effect upon passage.

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An Act relative to petit treason

S951

SD801

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:37:45.52'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T11:37:45.52'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S951/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 951) of Sal N. DiDomenico for legislation relative to petit treason. The Judiciary.

Section 1 of Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the following words:- "Petit treason shall be prosecuted and punished as murder."

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

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An Act protecting survivors of rape and their children

S952

SD1076

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:56:18.753'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:56:18.7533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:27:39.4466667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T10:41:41.1733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:20:19.4333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T13:54:46.78'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S952/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 952) of Sal N. DiDomenico, Jason M. Lewis, Susannah M. Whipps and James K. Hawkins for legislation to protect survivors of rape and their children. The Judiciary.

SECTION 1. Section 3(a) of Chapter 209C, as appearing in the 2020 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentences:- "No court shall make an order providing visitation rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child who was conceived during the commission of that rape. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation rights may be granted if and only if such visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation action. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. Further, no court shall make an order providing visitation rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation rights may be granted if and only if such visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime." SECTION 2. Section 10 of Chapter 209C, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end of the current statute the following section:- "(f) No court shall make an order providing custody rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain any form of custody of a child who was conceived during the commission of that rape. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody rights may be granted if and only if such custody is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the rape. Further, no court shall make an order providing custody rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain visitation with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such visitation or custody rights may be granted if and only if such custody is found to be in the best interests of the child and the mother of the child affirmatively consents to such visitation or custody action. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime." SECTION 3. Chapter 208, as appearing in the 2020 Official Edition, is hereby amended by inserting the following section:- "Section 31B. No court shall make an order providing custody or visitation rights to a parent who was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain custody or visitation rights with a child who was conceived during the commission of that rape. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody or visitation rights may be granted if and only if such custody or visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody or visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime. Further, no court shall make an order providing custody or visitation rights to a parent who was convicted of a crime under Sections 13 A and 15D, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, and is seeking to obtain custody or visitation right with a child where the victim of the crime was pregnant at the time of the crime or becomes pregnant as a result of the crime: or where the victim and the defendant have a child in common: or where a child is the victim or witness to the crime. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, such custody or rights may be granted if and only if such custody or visitation is found to be in the best interests of the child and the mother of the child affirmatively consents to such custody or visitation. Termination of these rights shall not prevent a court from ordering the perpetrator of the crime to pay child support nor shall it limit the right of the child to inherit through or from the perpetrator of the crime." SECTION 4. Chapter 210, as appearing in the 2018 Official Edition, is hereby amended by striking in section 3 the subsection (d) and inserting in place thereof:- "(d) In consideration of a petition to dispense with parental rights to consent to an adoption if that person was convicted of a crime under Sections 13B, 13B1/2, 13B ¾, 13 F, 13H, 22, 22A, 22B, 22C, 23A, 23B of chapter 265 or sections 2, 3 of chapter 272, against whom a charge under such statutes has been continued without a finding, or who after a hearing is found by clear and convincing evidence to have committed a crime as defined in said chapters, then there shall be an irrebuttable presumption that said parent is unfit and that it is in the best interests of the child to dispense with the need for consent to adoption by the parent who committed such offense or conduct. For purposes of this section, the failure to seek or obtain a conviction of the above-enumerated crimes shall not in and of itself constitute proof that such a crime did not occur. Provided, however, a termination petition may be denied if and only if there has been no conviction of the above-enumerated crimes, such action is found to be contrary to the best interests of the child and the mother of the child opposes such termination. (e) Nothing in this section shall be construed to prohibit the petitioner and a birth parent from entering into an agreement for post-termination contact or communication. The court issuing the termination decree under this section shall have jurisdiction to resolve matters concerning the agreement. Such agreement shall become null and void upon the entry of an adoption or guardianship decree. Notwithstanding the existence of any agreement for post-termination or post-adoption contact or communication, the decree entered under this section shall be final. Nothing in this section shall be construed to prohibit a birth parent who has entered into a post-termination agreement from entering into an agreement for post-adoption contact or communication pursuant to section 6C once an adoptive family has been identified."

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An Act to create access to justice

S953

SD1079

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:35:52.203'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:35:52.2033333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T10:33:11.2533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T11:39:00.28'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T12:24:23.1233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:48:21.74'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T17:04:29.6566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-23T13:38:46.3766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-27T11:38:55.6566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:42:22.38'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S953/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 953) of Sal N. DiDomenico, Liz Miranda, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation to restore enforcement of civil rights. The Judiciary.

SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 11N the following section:- Section 11O. (a) Definitions. For the purposes of this Section the following terms shall have the following meanings: “Age” means forty years of age or older unless a different meaning clearly appears from the context. “Disability” means (a) a physical or mental impairment, including, but not limited to an intellectual, developmental, psychiatric, sensory or learning impairment, which substantially limits one or more major life activities of a person; (b) a record of having such impairment; or (c) being regarded as having such impairment, but such term shall not include current, illegal use of a controlled substance as defined in section one of chapter ninety-four C. “Major life activities” means functions, including, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. “Familial status” means one or more individuals (a) being or seeking to become pregnant; (b) being in the process of securing legal custody of a person who has not attained the age of 18 years; (c) being the parent or another person with legal custody of an individual who has not attained the age of 18 years and is domiciled with said parent or legal custodian; or (d) being a person with whom an individual who has not attained the age of 18 is domiciled with the written permission of such parent or legal custodian. “Discriminatory effect” means the following: a program, policy or practice has a discriminatory effect if it is reasonably foreseeable that it will have the effect of excluding or partially excluding from participation, disadvantaging, harming, denying one or more benefits to, causing a disparate impact upon, or otherwise discriminating against a person based on or because of one or more of the person’s protected characteristics, even if not motivated by a discriminatory intent. A disparate impact occurs when a program, policy or practice disproportionately disadvantages persons based on or because of protected characteristics or perpetuates or will tend to perpetuate segregation, even if not motivated by discriminatory intent. A person claiming to be aggrieved by a Unit of Government’s program, policy or practice that has a discriminatory effect may pursue a claim pursuant to subsection (c) of this Section if that person has or predictably will be injured by the program, policy or practice. “Legally sufficient justification” means the program, policy or practice: (1) is necessary to achieve one or more identified compelling interests of the Unit of Government and effectively carries out the identified interests; (2) is narrowly tailored to serve the identified interests; (3) the identified interests could not be served by a less discriminatory alternative; and, (4) the justification is supported by evidence that is not hypothetical or speculative. Demonstrating that the program, policy or practice is supported by a legally sufficient justification as defined in this Section is not a defense to a claim of intentional discrimination. “Person” means one or more individuals, unincorporated or incorporated organizations, partnerships, associations, legal representatives, trustees, tribal governments, or receivers, including individuals or organizations engaged in civil rights testing. “Prevailing party” means a party who obtains some requested relief through a judicial judgment or court-approved settlement agreement in that party’s favor, or whose pursuit of a claim was a catalyst for a unilateral change in position by the Unit of Government relative to the relief sought. “Program, policy or practice” means, without limitation, one or more actions, operations, policies, practices, programs, criteria and methods of administration of a Unit of Government. “Protected characteristic” means race, color, religion, national origin, ethnicity, ancestry, citizenship or immigration status, limited English proficiency, genetic information, sex, gender identity or gender expression, sexual orientation, age, disability, medical condition, familial status, pregnancy, status as a veteran or member of the armed forces, or recipient of public assistance, rental assistance or housing subsidy, or any characteristic protected by the Commonwealth. “Unit of Government” means any executive office, department, agency or subdivision of the Commonwealth including, without limitation, counties, cities, towns, offices, boards, commissions, and authorities; any persons employed by or contracting with a unit of government, and any programs or activities conducted, operated or administered by, or funded directly or otherwise receiving financial or in-kind assistance from, a unit of government. (b) No Unit of Government shall directly or indirectly: (1) exclude or partially exclude from participation, disadvantage, harm, deny one or more benefits to, or otherwise subject a person to discrimination based on or because of one or more of the person’s protected characteristics; or (2) adopt, implement or without limitation otherwise approve or utilize any program, policy or practice that has a discriminatory effect. (c) Any person or class of persons claiming to be aggrieved by a violation of subsection (b) may institute and prosecute a civil action in the District, Superior, Housing, Juvenile, Family and Probate, Boston Municipal, or Land Court Department for injunctive and other appropriate equitable relief including an award of actual damages, and for violations of intentional discrimination, an award of punitive damages. This civil action must be filed not later than three years after a violation of subsection (b). Any aggrieved person who prevails in an action authorized by this Section shall be entitled to an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in an amount to be fixed by the court, and prejudgment and post-judgment interest. The attorney general may, in like manner, also commence a civil action to seek relief for a violation of subsection (b). (d) Burdens of proof in actions for discriminatory effect brought pursuant to this Section. (1) The plaintiff has the burden of proving that a challenged program, policy or practice caused or is reasonably likely to cause a discriminatory effect without having to prove intent to discriminate. (2) Once the plaintiff satisfies the burden of proof set forth in subsection (d)(1) of this Section, the defendant has the burden of proving that the challenged program, policy or practice meets all of the elements of a legally sufficient justification as defined in subsection (a) of this Section. (3) If the defendant satisfies the burden of proof set forth in subsection (d)(2), the defendant must also prove that there is no other program, policy or practice that has a less discriminatory effect which could serve the identified compelling interest or interests. (e) A challenged program, policy or practice must be a contributing cause of the discriminatory effect complained of but not necessarily the direct or proximate cause. (f) Except for claims that are subject to administrative exhaustion within the Massachusetts Commission Against Discrimination as set forth in Chapter 151B of the General Laws and other statutes conferring jurisdiction on the Massachusetts Commission Against Discrimination, nothing in this Section is intended to require a person seeking to enforce the protections afforded herein to exhaust any administrative remedies applicable to discrimination claims under this Section or other laws, or to prevent or limit a person from filing a complaint at the Massachusetts Commission Against Discrimination under the procedures set out in Chapter 151B of the General Laws or any other anti-discrimination law of the Commonwealth and implementing regulations. (g) This Act is intended to be liberally construed to effectuate the broad, remedial goal of eradicating discrimination by Units of Government, whether intentionally or through an unjustified discriminatory effect, and securing access to the judicial process for aggrieved parties to enforce their rights for all matters that are not actionable under Chapter 151B or other laws within the jurisdiction of the Massachusetts Commission Against Discrimination. Any state or federal statute or regulation, which is inconsistent with this goal or any provision of this Section, or which imposes additional obstacles or restrictions on aggrieved parties, shall not apply.

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An Act ensuring integrity in juvenile interrogations

S954

SD1644

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:28:24.387'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:28:24.3866667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-24T12:16:05.1666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-01T12:50:17.5433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-01T12:48:55.36'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-09-22T16:26:05.5866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S954/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 954) of Sal N. DiDomenico and Adam Gomez for legislation to ensure integrity in juvenile interrogations. The Judiciary.

Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 89 the following section: Section 90. Prohibition on use of deception during juvenile custodial interrogations Section 90. (a) As used in this section, the following words shall have the following meanings: i. “Statement” means a juvenile’s oral assertion, written assertion, or nonverbal conduct if intended as an assertion. ii. “Juvenile” shall have the same meaning as set forth in G.L. ch. 119, section 89. iii. “Deception” means communicating, or relaying in any way, false or misleading facts, false or misleading information, false or misleading evidence, or unauthorized implicit or explicit offers of leniency. iv. “Custodial Interrogation” means any questioning by law enforcement officers, or persons acting on behalf of a law enforcement officers, in relation to an investigation, under circumstances where a reasonable juvenile would consider themselves to be in custody, and that questioning is likely to elicit an incriminating response. (b)A statement made by a juvenile during a custodial interrogation shall be presumed to be involuntary, and therefore inadmissible in any court where such statement is offered as evidence, if during the custodial interrogation a law enforcement officer, or person acting on behalf of a law enforcement officer, knowingly engages in deception. A statement that is involuntary, as described in the above paragraph, shall not form the basis of any further investigative activities; any evidence that flows from that statement shall be considered tainted by such deception, and shall be inadmissible as such. (c)The presumption that such statement, as described in subsection (b), is inadmissible, may be overcome if the Commonwealth proves, beyond a reasonable doubt, that the statement was voluntary and not made due to any deception. (d) Nothing in this section shall abrogate the Commonwealth’s burden to prove a statement is voluntary prior to introducing that statement into evidence. (e)Subsection (b) shall apply to all statements, as described in subsection (b), made on or after the effective date of this statute.

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An Act providing for equity within the judicial branch

S955

SD2085

{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T12:57:52.783'}

[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T12:57:52.7833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S955/DocumentHistoryActions

Bill

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 955) of Sal N. DiDomenico for legislation to provide for equity within the judicial branch. The Judiciary.

SECTION 1. Notwithstanding sections 93 and 94 of chapter 221; section 6 of chapter 211A; sections 53, 58, and 79 of chapter 218; section 35A of chapter 217; section 14 of chapter 185 and section 9A of chapter 185C or any other general or special law or by-law to the contrary, the salaries of the Clerk of the Supreme Judicial Court for the Commonwealth, the Clerk of the of the Supreme Judicial Court for Suffolk County, the Clerk of the Appeals Court, the Clerks in the Superior Court, the Clerk of the Superior Court for Criminal Business in the County of Suffolk, the Clerk of the Superior Court for Civil Business in the County of Suffolk, the Clerks of the Boston Municipal Court; the Clerks in the Juvenile Department; the Clerks in the District Court Department; the Registers of the Probate and Family Court Department; the Recorder of the Land Court Department; and the Clerks of the Housing Court Department shall be 84.57 percent of the salary of the Chief Justice of the Supreme Judicial Court. SECTION 2. This act shall take effect on July 1, 2023.

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An Act promoting housing opportunity and mobility through eviction sealing (HOMES)

S956

SD1592

{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T16:35:16.697'}

[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T16:35:16.6966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-31T11:19:41.3566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T11:19:41.3566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-01T16:53:12.6866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T13:00:40.2966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T14:50:41.7366667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T11:50:07.03'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T11:50:07.03'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:47:25.36'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T16:47:13.28'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:47:07.7333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-15T13:42:25.51'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:07:09.2266667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-16T12:58:33.9266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T18:07:13.01'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T15:48:53.2266667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T16:50:07.4833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:50:07.4833333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-17T11:23:24.9333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-05-03T15:03:31.3933333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-04T13:24:07.0666667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-05-07T10:32:05.0533333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-08T11:40:30.1433333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-05-04T16:25:16.8733333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-09T12:57:23.5366667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-05-08T14:15:00.68'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-05-09T12:07:12.0133333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-05-09T12:09:47.58'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-09T12:37:58.2366667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-18T05:24:46.25'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-08-01T17:01:56.54'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S956/DocumentHistoryActions

Bill

By Ms. Edwards, a petition (accompanied by bill, Senate, No. 956) of Lydia Edwards, Angelo J. Puppolo, Jr., Sal N. DiDomenico, Jacob R. Oliveira and other members of the General Court for legislation to promote housing opportunity and mobility through eviction sealing (HOMES). The Judiciary.

“SECTION 135A. Chapter 239 of the General Laws is hereby amended by adding the following section:- Section 15. (a) The following words, as used in this section, shall have the following meanings unless the context clearly requires otherwise:- “Consumer report”, written, oral or other communication of any information by a consumer reporting agency bearing on a person’s credit worthiness, credit standing or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the person’s eligibility for rental housing or other purposes authorized under section 51 of chapter 93. “Consumer reporting agency”, individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter 211B and any departments or offices established within the trial court. “Court record”, paper or electronic records or data in any communicable form compiled by, on file with or in the care custody or control of, the court, that concern a person and relate to the nature or disposition of an eviction action or a lessor action. “Eviction action”, a summary process action under this chapter to recover possession of residential premises. “Lessor action” any civil action brought against the owner, manager or lessor of residential premises by the tenant or occupant of such premises relating to or arising out of such property, rental, tenancy or occupancy for breach of warranty, breach of any material provision of the rental agreement or violation of any other law. “No-fault eviction” any eviction action in which the notice to quit, notice of termination or complaint does not include an allegation of nonpayment of rent or of violation of any material term of the tenancy by the tenant or occupant; provided, however that a “no-fault eviction” shall include an action brought after termination of a tenancy for economic, business or other reasons not constituting a violation of the terms of the tenancy. (b) Any person having a court record of a no-fault eviction on file in a court may petition the court to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal. The petition shall be on a form furnished by the trial court of the commonwealth, signed under the penalties of perjury, and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that the record only pertains to a no-fault eviction and the action has concluded with all rights of appeal exhausted. If no objection is filed by a party within seven (7) days of filing the petition, such court may, in its discretion, process such petitions administratively without a hearing. (c) Any person having a court record in an eviction action for non-payment of rent on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that: the record of the action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 4 years before the request and no eviction action for nonpayment or lessor action has been brought against the petitioner within the Commonwealth in the 4 years preceding the request; and (b) the petitioner certifies on the petition that the non-payment of rent was due to an economic hardship and such economic hardship has rendered them unable to satisfy the judgment. If no objection is filed by a party, the court may, in its discretion, process such petitions administratively without a hearing. If an objection is filed by a party, within seven (7) days of filing the petition, the Court shall conduct a hearing to determine the petitioner’s compliance with the foregoing conditions and may require the petitioner to complete a Financial Statement on a form furnished by the Trial Court. (d) Any person having a court record of a fault eviction on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall comply with the petitioner’s request provided that the record of the action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault or lessor action has been brought against the petitioner within the Commonwealth in the 7 years preceding the request. If no objection is filed by a party, within seven (7) days of filing the petition, the court may, in its discretion, process such petitions administratively without a hearing. (e) Any person having a court judgment against them in a civil action commenced pursuant to General Laws c. 139 Section 19 on file in a court may, on a form furnished by the Trial Court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than one court during its pendency, then a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall schedule a hearing to determine: (a) whether such action which the petitioner seeks to seal concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault, or action pursuant to General Laws c. 139 Section 19, has been brought against the petitioner within the Commonwealth in the 7 years preceding the request, and such petitioner has not been convicted of any criminal offense reference in Chapter 139, Section 19 during such 7 year period; and (b) whether the sealing of such record is the interest of justice and public safety. Notwithstanding any provision to the contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal. (e) Upon motion and for good cause shown, or as otherwise authorized by this section, court records sealed under this section may at the discretion of the court and upon a balancing of the interests of the litigants and the public in nondisclosure of the information with the interests of the requesting party, be made available for public safety, scholarly, educational, journalistic or governmental purposes only, provided, however, that the personal identifying information of the parties involved in the action, shall remain sealed unless the court determines that release of such information is appropriate under this subsection and necessary to fulfill the purpose of the request. Nothing in this subsection shall be deemed to permit the release of personal identifying information for commercial purposes. (f) Nothing in this section shall prohibit the dissemination of information contained in a record sealed pursuant to this section as the court deems necessary or appropriate: (i) for the collection of a money judgment; (ii) to pursue a criminal investigation; (iii) to pursue a criminal prosecution; or (iv) where information in the sealed record was entered into evidence in a criminal prosecution that resulted in a criminal charge. (g) Nothing in this section shall prohibit a person or their representative from petitioning the court to obtain access to sealed eviction records in which the person is a party. (h) A consumer reporting agency shall not disclose the existence of, or information regarding, an eviction record sealed under this section or use information contained in a sealed court record as a factor to determine any score or recommendation to be included in a consumer report unless the court record was available for inspection with the court not more than 30 days of the report date. A consumer reporting agency may include in a consumer report, information found in publicly available court records, provided, however, that the consumer report shall include a person’s full name, whether an eviction action was a fault eviction, a no-fault eviction or a lessor action, and the outcome of any eviction action if such information is contained in the publicly-available court record. Information contained in a sealed court record shall be removed from the consumer report or from the calculation of any score or recommendation to be included in a consumer report not more than 30 days of the sealing of the court record from which it is derived. Any consumer reporting agency that violates this subsection shall be liable to the person who is the subject of the consumer report in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure and, the costs of the action, including reasonable attorney’s fees. The attorney general shall enforce the provisions of this paragraph and remedies provided hereunder shall not be exclusive. Nothing in this subsection shall be deemed to waive the rights or remedies of any person under any other law or regulation. (i) An application used to screen applicants for housing or credit that seeks information concerning prior eviction actions of the applicant shall include the following statement: “An applicant for housing or credit with a sealed record on file with the court pursuant to section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record. No party shall be liable for any violation of the foregoing provision unless such party has first been issued a written warning from the Attorney General’s office and has failed to address the violation within ninety (90) days of such notice. The petition provided by the Court for the sealing of records as provided herein and any order granting such petition shall contain the following notice: “An applicant for housing or credit with a sealed record on file with the court pursuant to section 15 of chapter 239 of the General Laws may answer ‘no record’ to an inquiry relative to that sealed court record.” (j) A party who obtains a judgment or enters into an agreement in an eviction action solely for nonpayment of rent, shall, not more than 14 days after satisfaction of the judgment or agreement, file with the court in which the judgment or agreement was entered a notice of satisfaction of the judgment or agreement. A party that has satisfied such a judgment or agreement may, upon noncompliance with this subsection by the other party, file a petition for the judgment or agreement to be deemed satisfied, with notice to the parties to such action. The court shall comply with the petitioner’s request provided that the record only pertains to an action for nonpayment of rent and the judgment or agreement has been satisfied. If no objection is filed by a party within seven (7) days of filing the petition, such court may, in its discretion, process such petitions administratively without a hearing. Upon the filing of a notice of satisfaction of judgment or an agreement, or court judgment deeming the judgment or agreement satisfied, a party may petition the court to seal the court record pertaining to that action. The petition shall be on a form furnished by the Trial Court of the Commonwealth, signed under the penalties of perjury, and filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, a petition may be filed in each such court. Notice shall be given to parties to the original action. Such court shall comply with the petitioner’s request and seal the court record if the judgment or agreement has been satisfied and the action has concluded with all rights of appeal exhausted with no objection filed by a party within seven (7) days of filing the petition. The court may process such petitions administratively without a hearing.”; and SECTION XX. Section 52 of chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in subsection (a), by inserting at the end thereof the following clause:- (7) eviction records sealed pursuant to section 15 of chapter 239. SECTION XX. Subsection (h ) of section 15 of Chapter 239 shall take effect upon passage.

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An Act protecting black girls from targeted toxicity

S957

SD1718

{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T20:25:08.933'}

[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T20:25:08.9333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:14:27.1066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:14:27.1066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:30:40.7933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-13T12:45:20.6066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S957/DocumentHistoryActions

Bill

By Ms. Edwards, a petition (accompanied by bill, Senate, No. 957) of Lydia Edwards, Sal N. DiDomenico, James B. Eldridge and Patrick M. O'Connor for legislation to protect black girls from targeted toxicity. The Judiciary.

SECTION 1. Definitions:- The term “advertiser”, shall mean any person who promotes products or services to the general public or a section of the public. The term “youth-targeted advertisement”, shall mean any promotion of a product or service targeted at youths, including, but not limited to, the practice of targeting such advertisements based on the collection of data relative to personal and product use information in the youth population. SECTION 2. It shall be unlawful for any advertiser to promote products aimed at skin lighting and hair relaxing through the practice of youth-targeted advertisement, where those products contain toxic chemicals, including, but not limited to, mercury, parabens, estrogenic chemicals from placenta, phthalates, and talc powder.

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An Act protecting employee free speech

S958

SD1806

{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T23:44:54.223'}

[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T23:44:54.2233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T15:08:40.73'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T11:58:16.6466667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-15T20:41:57.3533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S958/DocumentHistoryActions

Bill

By Ms. Edwards, a petition (accompanied by bill, Senate, No. 958) of Lydia Edwards, Paul W. Mark and Patrick M. O'Connor for legislation to protect employee free speech. The Judiciary.

SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following definitions: "Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization; and "Religious matters" means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. Section 2 Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section: Section 20F. Except as provided in subsections (c) and (d) of this section, any employer, including the state and any instrumentality or political subdivision thereof, who subjects or threatens to subject any employee to discipline or discharge on account of (1) the exercise by such employee of rights guaranteed by the first amendment to the United States Constitution, provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, or (2) such employee's refusal to (a) attend an employer-sponsored meeting with the employer or its agent, representative or designee, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, or (b) listen to speech or view communications, including electronic communications, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages, and for reasonable attorney's fees as part of the costs of any such action for damages, and the full amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. (c) Nothing in this section shall prohibit: (1) An employer or its agent, representative or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of such legal requirement; (2) an employer or its agent, representative or designee from communicating to its employees any information that is necessary for such employees to perform their job duties; (3) an institution of higher education, or any agent, representative or designee of such institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia or an academic program at such institution; (4) casual conversations between employees or between an employee and an agent, representative or designee of an employer, provided participation in such conversations is not required; or (5) a requirement limited to the employer's managerial and supervisory employees. (d) The provisions of this section shall not apply to a religious corporation, entity, association, educational institution or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 pursuant to 42 USC 2000e-1(a) or is exempt from sections 4a-60a, 46a- 81a and 46a-81o pursuant to section 46a-81p, with respect to speech on religious matters to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution or society.

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An Act to prevent the imposition of mandatory minimum sentences based on juvenile adjudications

S959

SD137

{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:16:47.91'}

[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:16:47.91'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T17:37:49.29'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-30T11:54:48.9433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S959/DocumentHistoryActions

Bill

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 959) of James B. Eldridge and Liz Miranda for legislation to prevent the imposition of mandatory minimum sentences based on juvenile adjudications. The Judiciary.

SECTION 1. Section 52 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 24, the words “, (c) or (d)” and inserting in place thereof the following words:- or (c). SECTION 2. Said section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in lines 24 through 28, the words “; provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in section fifty-eight of chapter one hundred and nineteen” SECTION 3. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in line 26, the words “, (c) or (d)” and inserting in place thereof the following words:- or (c). SECTION 4. Section 58 of said chapter 119, as so appearing, is hereby amended by striking out the seventh and eighth paragraphs. SECTION 5. Subsection (d) of section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences to the end thereof:- For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers an enhanced sentence for an adult or for a juvenile. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth. SECTION 6. Section 10G of said chapter 269, as so appearing, is hereby amended by striking out, in lines 36 and 37, the words “have the meaning set forth in section 121 of chapter 140” and inserting in place thereof the following words:- shall mean any crime punishable by imprisonment for a term exceeding 1 year that: (i) has as an element of the offense the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; or (iii) involves the use of explosives. SECTION 7. Said section 10G of said chapter 269, as so appearing, is hereby amended by adding the following sentence to the end thereof:- (f) For purposes of this section, any type of juvenile adjudication shall not be considered a prior conviction and shall not be used as a prior predicate conviction that triggers an enhanced sentence for an adult or a juvenile. For purposes of this subsection, a juvenile adjudication shall include, but not be limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth. SECTION 8. Notwithstanding any general or special law to the contrary, if any person is currently serving a sentence pursuant to section 10 of chapter 269 or section 10G of chapter 269, including being on probation or parole, where a juvenile adjudication, including but not limited to, a delinquent child or youthful offender adjudication, a juvenile adjudication in another jurisdiction, or an adult conviction in another jurisdiction that would be a juvenile adjudication in the commonwealth, has been used as a prior predicate conviction, then such person shall be resentenced without that juvenile adjudication being used as a prior predicate conviction. If a defendant is resentenced under this section, the sentence shall not be increased in length of committed time, probation, or parole.

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An Act updating terminology and investigative practices related to the protection of persons with disabilities

S96

SD1080

{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:25:04.237'}

[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:25:04.2366667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T13:37:36.3766667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T16:09:17.6966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T07:38:10.2266667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T16:07:44.37'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:13:27.46'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:59:36.2166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-22T09:36:45.1333333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-06-26T11:32:09.1233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-28T07:31:45.4833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:50:01.4166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S96/DocumentHistoryActions

Bill

By Mr. Keenan, a petition (accompanied by bill, Senate, No. 96) of John F. Keenan, Sean Garballey, Angelo J. Puppolo, Jr., Michael O. Moore and other members of the General Court for legislation to update terminology and investigative practices related to the protection of persons with disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Section 4H of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 84, 87 and 88, each time they appear, the words “disabled persons protection commission” and inserting in place thereof, in each instance, the following words:-commission for the protection of persons with disabilities. SECTION 2. Section 19 of chapter 19B is hereby amended by striking out, in lines 126, 139, 280 and 281, 305, 384, 390 and 391, each time they appear, and 394 and 395, the words “disabled persons protection commission” and inserting in place thereof, in each instance, the following words:- commission for the protection of persons with disabilities. SECTION 3. Chapter 19C is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- COMMISSION FOR THE PROTECTION OF PERSONS WITH DISABILITIES. SECTION 4. Said chapter 19C is hereby further amended by striking out section 1, and inserting in place thereof the following section:- Section 1. As used in this chapter, the following words shall have the following meanings unless the context requires otherwise:- “Abuse”, an act or omission of a caretaker that results in serious physical or serious emotional injury to a person with a disability; provided, however, that no person shall be considered to be abused for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner of the church or religious denomination. As used in this chapter, the term abuse includes abuse per se. “Abuse per se”, an act or omission of a caretaker that, based upon its circumstances, is determined by the commission to be in and of itself abusive, regardless of the manifestation of a serious physical or serious emotional injury to a person with a disability. “Caretaker”, a parent, guardian or other person or agency responsible for the health or welfare of a person with a disability, whether in the same home as the person with a disability, the home of a relative, a foster home or any other location where the caretaker renders assistance. “Commission”, the commission for the protection of persons with disabilities established under section 2. “Mandated reporter”, any physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator, guidance or family counselor, day care worker, probation officer, social worker, foster parent, police officer, firefighter, paramedic, emergency medical technician, animal control officer, person employed by a state agency or person employed to provide assistance with a daily living need for a person with a disability who, in their professional capacity, shall have reasonable cause to believe that a person with a disability is suffering from a reportable condition. “Person with a disability”, a person between the ages of 18 to 59, inclusive, who is a person with an intellectual disability or a person with a developmental disability as defined under section 1 of chapter 123B or who is otherwise mentally or physically disabled and, as a result of that mental or physical disability, is wholly or partially dependent on another to meet that person’s daily living needs. “Recommendation”, a statement contained in an investigation report prepared pursuant to this chapter that sets forth specific action intended by the investigator to protect a particular person with a disability or similarly situated persons with disabilities from further abuse or risk of abuse and that responds to the specific protective needs of the person with a disability or persons with disabilities. “Reportable condition”, a serious physical or serious emotional injury sustained by a person with a disability and for which there is reasonable cause to believe that the injury resulted from abuse; or reasonable cause to believe that abuse per se exists. “State agency”, an agency of the commonwealth that provides services or treatment to persons with disabilities, including a private entity providing such services or treatment pursuant to a contract, license or agreement with an agency of the commonwealth. SECTION 5. Section 2 of said chapter 19C is hereby amended by striking out the title, and inserting in place thereof the following title: Establishment of the commission for the protection of persons with disabilities; membership; terms; compensation; annual report. SECTION 6: Section 2 of said chapter 19C is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a commission for the protection of persons with disabilities. SECTION 7. Said section 2 of said chapter 19C is hereby further amended by striking out, in line 5, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 8. Said section 2 of said chapter 19C is hereby further amended by striking out the third, fourth, and fifth sentences and inserting in place thereof the following sentences:- The commission shall consist of 3 members to be appointed by the governor, 1 of whom the governor shall designate as chair. Members of the commission shall serve for a term of 5 years. SECTION 9. Said section 2 of chapter 19C is hereby further amended by striking out the ninth sentence, and inserting in place thereof the following sentence:- A person appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member succeeded. SECTION 10. The first paragraph of section 3 of said chapter 19C is hereby amended by striking out clause (a) and inserting in place thereof the following clause:- (a) to employ, subject to appropriation, the staff necessary to carry out its duties pursuant to this chapter; provided, however, that the commission shall establish written standards for the position of investigator and shall hire investigators whose education and training qualifies them for the position pursuant to the standards established by the commission; provided further, that the commission shall take the steps necessary to ensure that the conduct of each investigator meets or exceeds the standards; and provided further, that the staff shall serve at the pleasure of the commission and shall not be subject to chapter 31. SECTION 11. Said section 3 of said chapter 19C is hereby further amended by striking out, in lines 20 and 21, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 12. Said section 3 of said chapter 19C is hereby further amended by striking out, in line 22, the words “other state”. SECTION 13. Said section 3 of said chapter 19C is hereby further amended by striking out, in line 27, the word “nine” and inserting in place thereof the following words:- 5 or section 9. SECTION 14. Said section 3 of said chapter 19C is hereby further amended by striking out, in lines 28 and 29, the words “disabled persons” and inserting in place thereof the following words:- persons with disabilities. SECTION 15. Said section 3 of said chapter 19C is hereby further amended by striking out, in lines 31 and 32, the words “the provisions of chapters sixty-six and sixty-six A” and inserting in place thereof the following words:- chapters 66 and 66A; provided, however, that, except as otherwise provided in this chapter, information that is created, collected, used, maintained or disseminated pursuant to this chapter and that is confidential or personally identifiable information pursuant to state or federal law shall not be a public record pursuant to clause Twenty-six of section 7 of chapter 4 or chapter 66. SECTION 16. The first paragraph of said section 3 of said chapter 19C is hereby amended by striking clauses (h) and (i) and inserting in place thereof the following 2 clauses:- (h) to establish within the commission a special investigative unit that shall have sole responsibility for the initial evaluation or investigation of all reports of abuse received by the commission in connection with which there is an allegation of criminal conduct; provided, however, that the colonel of state police shall assign not less than 5 state police officers to the special investigative unit; and (i) to promulgate rules and regulations establishing procedures to exclude personally identifiable information regarding the subjects of investigations and to carry out the responsibilities of this chapter in such a way as to disclose as little personally identifiable information as possible. SECTION 17. Section 4 of said chapter 19C is hereby amended by striking out, in line 1, the words “disabled person” and inserting in place thereof the following words:- person with a disability, and subject to the commission’s authority to conduct its own investigation. SECTION 18. The first paragraph of said section 4 of said chapter 19C is hereby amended by striking out clauses (b) and (c) and inserting in place thereof the following 3 clauses:- (b) refer immediately any such report that alleges the occurrence of abuse of a person with a disability whose caretaker is a state agency to the state agency within the executive office of health and human services that is the primary service providing agency for the disability manifested by the person with a disability; provided, however, that as assigned by the commission, the commission or the referral agency subject to the oversight of the commission shall investigate the abuse as provided in section 5; and provided further, that, if a commission investigation is being conducted, the referral agency shall take reasonable steps to avoid unnecessary, unwarranted or counterproductive duplication of the commission’s investigation through an internal investigation or inquiry by the referral agency and shall, when there is duplication, utilize the commission’s investigation in lieu of an internal investigation or inquiry. (c) refer immediately any such report that alleges the occurrence of abuse of a person with a disability whose caretaker is not a state agency to the agency within the executive office of health and human services that the commission determines, based on the person’s reported disability, would most likely provide, license an entity to provide or contract with or enter into an agreement to provide services or treatment to the person with a disability; provided, however, that, as assigned by the commission, the commission or the assigned referral agency subject to the oversight of the commission shall investigate such abuse as provided in section 5. (d) in accordance with subsections (b) and (c), refer immediately reports that the commission determines present imminent risk of substantial harm to a person with a disability, regardless of whether any serious injury is alleged, for the provision of protective services; provided, however, that the commission may oversee the provision of protective services until such time that the commission determines the risk has been adequately addressed. SECTION 19. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 35 and 36, the words “disabled person where the screener” and inserting in place thereof the following words:- person with a disability where the commission staff. SECTION 20. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 38, the word “screener” and inserting in place thereof the following words:- commission staff. SECTION 21. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 40, the first time it appears, the word “and” and inserting in place thereof the following word:- or. SECTION 22. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 40 to 42, inclusive, the words “and, upon completion of such evaluation and investigation, shall report the results of such evaluation and investigation to the commissioners who” and inserting in place thereof the following word: . Upon completion of such evaluation or investigation, the special investigative unit shall report the results of such evaluation or investigation to the commission that. SECTION 23. Said section 4 of said chapter 19C is hereby further amended by inserting after the word “initial,” in line 46, the following words:- evaluation or. SECTION 24. Said section 4 of said chapter 19C is hereby further amended by striking out, in lines 56 and 57, the words “clients of state agencies or of contract providers” and inserting in place thereof the following words:- persons with disabilities. SECTION 25. Said section 4 of said chapter 19C is hereby further amended by striking out, in line 58, the words “commission’s or department’s”. SECTION 26. Said section 4 of said chapter 19C is hereby further amended by inserting after the word “investigation”, in lines 58 and 59, the following words:- by the commission or referral agency. SECTION 27. Section 5 of said chapter 19C is hereby amended by striking out, in lines 1, 13, 50, 63, 73 and 75, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 28. Said section 5 of said chapter 19C is hereby further amended by inserting after the word “designated”, in line 2, the following words:- and assigned. SECTION 29. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 2 to 4, inclusive, the words “, the general counsel, or a department within the executive office of health and human services”. SECTION 30. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 7 and 8, the words “counsel or department of mental health or department of public health” and inserting in place thereof the following words:- department of developmental services, department of mental health or Massachusetts rehabilitation commission. SECTION 31. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 9, the words “disabled person’s health or safety” and inserting in place thereof the following words:- health or safety of a person with a disability. SECTION 32. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 12, the words “the disabled person’s residence and day program, if any” and inserting in place thereof the following words:- any sites relevant to the alleged abuse, which may include, but shall not be limited to, the residence and day program of the person with a disability. SECTION 33. Said section 5 of chapter 19C is hereby further amended by inserting, in line 14, after the word “injuries” the following words:- or abuse per se. SECTION 34. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 17 to 19, inclusive, the words “, to the general counsel and to the department of mental health and the department of public health” and inserting in place thereof the following words:- and to the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission, as appropriate. SECTION 35. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 22, the word “ten” and inserting in place thereof the following words:- 10, or the employer of the mandated reporter. SECTION 36. Said section 5 of said chapter 19C is hereby further amended by inserting after the word “the”, in line 24, the first time it appears, the following word:- assigned referral. SECTION 37. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 30, the word “neither” and inserting in place thereof the following word:- not. SECTION 38. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 31 to 33, inclusive, the words, “nor prevent the admission of such documents in any civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled person”. SECTION 39. Said section 5 of said chapter 19C, as so appearing, is hereby further amended by striking out, in lines 43 and 44, the words “the facility named in the report, if any,” and inserting in place thereof the following words:- any sites relevant to the report. SECTION 40. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 45, the words “residents or clients in the same facility” and inserting in place thereof the following words:- persons with disabilities. SECTION 41. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 46 and 47, the words “, the general counsel, the department of mental health and the department of public health within” and inserting in place thereof the following words:- and to the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission, as appropriate, within. SECTION 42. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 52, the words “, the general counsel, the attorney general”. SECTION 43. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 54, the words “six of chapter thirty-eight” and inserting in place thereof the following words:- 3 of chapter 38. SECTION 44. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 55, the word “ten” and inserting in place thereof the following words:- 10 business. SECTION 45. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 56, 58 and 61, the word “misconduct” and inserting in place thereof, in each instance, the following word:- abuse. SECTION 46. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 59 and 60, the words “ respond in writing prior to the issuance of said report” and inserting in place thereof the following words:- petition for review. SECTION 47. Said section 5 of said chapter 19C is hereby further amended by striking out, in line 67, the word “shall” and inserting in place thereof the following words:- may refer any matters for which there is reason to believe that a violation of any statute, regulation or rule has occurred to the agency of the commonwealth that has jurisdiction over the alleged violation. In addition, the commission, notwithstanding any provisions of chapter 66A regarding personal data to the contrary, shall. SECTION 48. Said section 5 of said chapter 19C is hereby further amended by striking out, in lines 77 to 79, inclusive, the words “or (c) a disabled person has suffered serious bodily injury as a result of a pattern of repetitive actions or inactions by a caretaker” and inserting in place thereof the following words:- (c) a person with a disability has suffered serious bodily injury as a result of a pattern of repetitive acts or omissions by a caretaker; or (d) any other criminal offense has occurred that has caused harm to a person with a disability. SECTION 49. Said chapter 19C is hereby further amended by striking out section 6 and inserting in place thereof the following section:- Section 6. The commission, acting through agencies within the executive office of health and human services designated by the commission to provide protective services and as necessary to prevent further abuse in cases investigated pursuant to this chapter and subject to the oversight of the commission, shall: (i) furnish protective services to a person with a disability with the consent of the person or the person’s guardian; (ii) petition the court for appointment of a conservator or guardian or for issuance of an emergency order for protective services as provided in section 7; or (iii) furnish protective services to a person with a disability on an emergency basis as provided in said section 7. SECTION 50. Section 7 of said chapter 19C is hereby amended by striking out, in lines 1 and 2, the words “the general counsel, the department of mental health or the department of public health,” and inserting in place thereof the following words:- the department of developmental services, the department of mental health or the Massachusetts rehabilitation commission. SECTION 51. Said section 7 of said chapter 19C is hereby further amended by striking out, in lines 4, 6 and 7, 12, 13, 16, 17 and 18, each time they appear, 20 and 21, 22, 29, 35, 39 and 40, 46, 47 and 48, 59, each time they appear, 61, 65, 67 and 68, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 52. Said section 7 of said chapter 19C is hereby further amended by striking out, in lines 5 and 6, 9, 33 and 34, 37 and 62, the words “, counsel or department” and inserting in place thereof, in each instance, the following words:- or agency. SECTION 53. Section 8 of chapter 19C is hereby amended by striking out, in the section title, the words “disabled persons” and inserting in place thereof the following words: - persons with disabilities. SECTION 54. Said section 8 of said chapter 19C is hereby further amended by striking out, in line 2, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 55. Said section 8 of said chapter 19C is hereby further amended by striking out, in line 6, the words “disabled persons” and inserting in place thereof the following words:- a person with a disability. SECTION 56. Section 9 of said chapter 19C is hereby amended by striking out clause (d), as so appearing, and inserting in place thereof the following clause:- (d) refer any matters for which there is reason to believe that abuse has occurred by a state agency or its employee to the agency of the commonwealth funding, contracting or under agreement with, or licensing such party for termination of the funding, agreement, contract, or license or for such other action that the agency of the commonwealth deems appropriate. SECTION 57. Section 10 of said chapter 19C is hereby amended by striking out, in line 3, the word “orally”. SECTION 58. Section 10 of said chapter 19C is hereby further amended by striking out, in lines 4 and 5, the words “and shall report in writing within forty-eight hours after such oral report”. SECTION 59. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 7, 13, 19 and 29, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 60. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 10 and 11, the words “six of chapter thirty-eight” and inserting in place thereof the following words:- 3 of chapter 38. SECTION 61. Said section 10 of said chapter 19C is hereby further amended by inserting after the word “file”, in line 12, the following word:- a. SECTION 62. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 27 and 28, the words “in any civil action arising out of a report made pursuant to this chapter” and inserting in place thereof the following words:- participation in an investigation, hearing, or other proceeding conducted pursuant to this chapter. SECTION 63. Said section 10 of said chapter 19C is hereby further amended by striking out, in lines 32 and 33, the words “oral and written reports, who fails to do so,” and inserting in place thereof the following words:- a report and who fails to do so. SECTION 64. Section 11 of said chapter 19C is hereby amended by striking out, in line 6, the words “the general counsel or”. SECTION 65. Said section 11 of said chapter 19C is hereby further amended by striking out, in line 9, the words “disabled person” and inserting in place thereof the following words:- person with a disability. SECTION 66. The third paragraph of said section 11 of said chapter 19C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The commission may investigate any allegation under this section pursuant to section 5 or 9. SECTION 67. Section 12 of said chapter 19C is hereby amended by striking out, in lines 10 and 11, the words “, in consultation with the secretary of health and human services,”. SECTION 68. Said section 12 of said chapter 19C is hereby further amended by striking out, in line 11, the word “formal”. SECTION 69. Said section 12 of said chapter 19C is hereby further amended by striking out, in lines 12 and 13, the words “, in consultation with the secretary of health and human services,”. SECTION 70. Said section 12 of said chapter 19C is hereby further amended by striking out, in line 13, the words “a formal” and inserting in place thereof the following word:- an. SECTION 71. Section 13 of said chapter 19C is hereby amended by striking the title, inserting in place thereof the following title:- Notification by caretaker agency of the death of a person with a disability. SECTION 72. Section 13 of said chapter 19C is hereby further amended by striking out, in lines 1 and 8, the words “disabled person” and inserting in place thereof, in each instance, the following words:- person with a disability. SECTION 73. Said section 13 of said chapter 19C is hereby further amended by striking out, in line 6, the word “a” and inserting in place thereof the following word:- any. SECTION 74. Said section 13 of said chapter 19C is hereby further amended by striking out, in line 4, the word “orally”. SECTION 75. Said section 13 of said chapter 19C is hereby further amended by striking out, in lines 5, 6 and 7, the following words “, and shall forward to the commission and local law enforcement officials a written report of such death”. SECTION 76. Section 14 of said chapter 19C is hereby amended by striking out, in lines 2, 3, and 4, the words “the general counsel, or a department within the executive office of health and human services” and inserting in place thereof the following words:- department of developmental services, department of mental health, or the Massachusetts rehabilitation commission,. SECTION 77. Section 15 of said chapter 19C is hereby amended by inserting, in line 17, after the term “or” as first appearing, the following word:- serious. SECTION 78. Section 15 of said chapter 19C is hereby further amended, by striking, in line 28, the word “respond”, and inserting in place thereof the following words:- petition for review. SECTION 79. Section 15 of said chapter 19C is hereby further amended, by striking, in line 31, the word “include”, and inserting in place thereof the following word:- enter. SECTION 80. Section 15 of said chapter 19C is hereby further amended, by striking, in line 32, the words “name and date of birth” and inserting in place thereof the following words:- name, date of birth, and any other personally identifying information as determined necessary by the commission to confirm the identity of the care provider. SECTION 81. Section 15 of said chapter 19C is hereby further amended by inserting, in lines 37, 40, 50, 124, 125, 127, 129, 131, and 132, after the word “name”, in each instance, the following words:- and personally identifying information. SECTION 82. Section 15 of said chapter 19C is hereby further amended by striking out, in lines 65 and 66, 68, and 74 the words “date of birth” and inserting in place thereof, in each instance, the following words:- personally identifying information. SECTION 83. Section 15 of said chapter 19C is hereby further amended, by striking out, in lines 84 and 85, the words “including the records of its proceedings” and inserting in place thereof the following words:- including the records of the registrable abuse investigation and records of any hearing or other proceeding at the division or judicial appeal, including the personally identifying information of all parties and witnesses. SECTION 84: Section 15 of said Chapter 19C is hereby further amended by inserting after the word “shall”, in line 85, the following words:- be confidential and shall. SECTION 85: Section 15 of said Chapter 19C is hereby further amended, by inserting after the word “registry”, in lines 88 and 94, in each instance, the following words:-and any registrable abuse investigation or proceeding at the division or judicial appeal. SECTION 86. Section 15 of said Chapter 19C is hereby further amended, by striking, in lines 89 and 90, the word “anyone” and inserting in place thereof the following:- any person or entity. SECTION 87. Section 15 of said Chapter 19C is hereby further amended, by inserting, after the word “registrable”, in line 109, the following words:- in the last fiscal year. SECTION 88. Section 15 of said Chapter 19C is hereby further amended, by inserting, after the word “registry”, in line 109, the following words:- as of the last day of the last fiscal year. SECTION 89. Section 220 of chapter 111 is hereby amended by striking out, in lines 20 and 21, the words “disabled persons protection commission” and inserting in place thereof the following words:- commission for the protection of persons with disabilities.

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An Act relative to illegal drug and firearm trafficking

S960

SD1571

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:12:31.34'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:12:31.34'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 960) of Ryan C. Fattman for legislation relative to illegal drug and firearm trafficking. The Judiciary.

Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, shall be amended by adding the following new section:- Section 32O. Whoever is found guilty for trafficking substances under section 32E paragraphs (c) or (c1/2) of this chapter and is concurrently or separately found guilty of any of sections 10E, 10I, 10J, or 10K of chapter 269 regarding the trafficking or theft of firearms, rifles, shotguns or machine guns shall be punished by a term of up to life imprisonment in the state prison, that said sentence may include a fine of not more than $500,000. A prosecution commenced under this section shall not be placed on file or continued without a finding. A person convicted of violating this section shall not be eligible for furlough, work release, temporary release or receive any deduction from his sentence for good conduct under sections 129C or 129D of chapter 127.

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An Act strengthening identity theft laws

S961

SD1583

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:18:49.677'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:18:49.6766667'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 961) of Ryan C. Fattman for legislation to strengthen the identity law. The Judiciary.

SECTION 1. Section 37E of chapter 266 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 26, the figure “$5,000” and inserting in place thereof the following figure:- $10,000. SECTION 2. Said section 37E of said chapter 266, as so appearing, is hereby amended by striking out, in line 27, the words “two and one-half” and inserting in place thereof the following word:- ten. SECTION 3. Said section 37E of said chapter 266, as so appearing, is hereby amended by striking out, in line 38, the figure “$5,000” and inserting in place thereof the following figure:- $10,000. SECTION 4. Said section 37E of said chapter 266, as so appearing, is hereby amended by striking out, in line 39 the words “two and one-half” and inserting in place thereof the following word:- ten.

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An Act relative to dangerousness hearings

S962

SD1585

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:20:55'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:20:55'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 962) of Ryan C. Fattman for legislation relative to dangerousness hearings. The Judiciary.

Section 58A of chapter 276, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (8) the following subsection:- (9) If an individual is charged for the second time with an offense listed in subsection (1) the commonwealth shall move, based on dangerousness, for an order of pretrial detention under subsection (3) or release on conditions under subsection (2).

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An Act relative to direct food donations

S963

SD1590

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:26:19.527'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:26:19.5266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-11T14:49:21.2566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T13:30:22.8766667'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 963) of Ryan C. Fattman for legislation relative to direct food donations. The Judiciary.

Section 328 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following:- No food service entity or retail store who donates food, including open-dated food whose date has passed, directly to an individual without charge or at a charge sufficient only to cover the cost of handling such food, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of donation such food is not misbranded and is not adulterated and has not been manufactured, process, prepared, handled or stored in violation of applicable regulations of the department of public health; and provided, further, that such injury is not the result of negligence, recklessness or intentional misconduct of the donor or any person employed by or under the control of the donor.

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An Act relative to defacing property

S964

SD1648

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T16:12:05.387'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T16:12:05.3866667'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 964) of Ryan C. Fattman for legislation relative to defacing property. The Judiciary.

Section 103 of chapter 266 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “tar” in line 4, the following word:- ", urine".

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An Act relative to fentanyl arrests

S965

SD1649

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T15:45:37.637'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T15:45:37.6366667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-19T18:39:34.18'}]

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Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 965) of Ryan C. Fattman and Steven George Xiarhos for legislation relative to fentanyl arrests. The Judiciary.

SECTION 1. Section 42 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 13, after the word “58A”, the following words:- ; and, provided further, that if a person is arrested for a violation of section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl, subsections (c ½) or (c ¾) of section 32E of said chapter 94C or subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, any bail shall be assessed pursuant to sections 57 and 58. SECTION 2. Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph:- Except where prohibited by this section, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable. SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:- Except where prohibited by section 57, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) of subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.

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An Act relative to health care proxy reform

S966

SD2359

{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T11:02:08.123'}

[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T11:02:08.1233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S966/DocumentHistoryActions

Bill

By Mr. Fattman, a petition (accompanied by bill, Senate, No. 966) of Ryan C. Fattman for legislation relative to health care proxy reform. The Judiciary.

Section 2 of chapter 201D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:- If a health care agent has not been appointed by a competent adult through the execution of a health care proxy, health care decisions may be made by any of the following individuals, in the following order of priority, when it is determined pursuant to section six that the principal lacks capacity to make health care decisions: (i) the principal’s spouse, (ii) an adult child of the principal, (iii) a parent of the principal, (iv) an adult sibling of the principal, (v) an adult relative of the principal who has exhibited special care and concern for the principal and who has maintained regular contact with the principal and who is familiar with the principal’s activities and health. Any health care decision made by a health care agent designated by this paragraph must be based on informed consent and on the decision the health care agent reasonably believes the patient would have made under the circumstances. If there is no indication of what the patient would have chosen, the health care agent may consider the patient’s best interest in deciding that proposed treatments are to be withheld or that treatments currently in effect are to be withdrawn. No person under this paragraph shall be named a health care agent by execution of a health care proxy who: (i) is currently being investigated or is the subject of a criminal complaint or an indictment for any violation of chapter 265 of the General Laws that resulted in serious bodily injury to a principal who has become incapacitated; (ii) is currently being investigated by law enforcement, the department of elder services or the office of children and families for neglect, or is the subject of a criminal complaint or indictment therefore, of a principal who has become incapacitated; or (iii) has been convicted of committing an assault and battery or neglect and the commission of such offense resulted in serious bodily injury to a principal who has become incapacitated as defined by said chapter 265. Nothing in this paragraph shall prevent an individual from their right to deny signing the execution of a health care proxy for any reason.

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An Act eradicating human trafficking and promoting transparency in the retail supply chain

S967

SD834

{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:14:51.053'}

[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:14:51.0533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S967/DocumentHistoryActions

Bill

By Mr. Feeney, a petition (accompanied by bill, Senate, No. 967) of Paul R. Feeney for legislation to eradicate human trafficking and promoting transparency in the retail supply chain. The Judiciary.

SECTION 1. Chapter 156D of the General Laws is hereby amended by inserting after section 17.04 the following section:- Section 17.05 Definitions: (a) "Doing business in the commonwealth" shall mean actively engaging in any transaction for the purpose of financial or pecuniary gain or profit; (b) "Hedging transaction" shall mean a transaction related to the taxpayer's trading function involving futures and options transactions for the purpose of hedging price risk of the products or commodities consumed, produced, or sold by the taxpayer (c) "Gross receipts" shall mean the gross amounts realized and the fair market value of other property or services received on the sale or exchange of property, the performance of services, or the use of property or capital, including rents, royalties, interest, and dividends, in a transaction that produces business income, in which the income, gain, or loss is recognized, or would be recognized if the transaction were in the United States, under the Internal Revenue Code, as applicable for purposes of this section. Amounts realized on the sale or exchange of property shall not be reduced by the cost of goods sold or the basis of property sold. Gross receipts, even if business income, shall not include the following items: (1) repayment, maturity, or redemption of the principal of a loan, bond, mutual fund, certificate of deposit, or similar marketable instrument; (2) the principal amount received under a repurchase agreement or other transaction properly characterized as a loan; (3) proceeds from issuance of the taxpayer's own stock or from sale of treasury stock; (4) damages and other amounts received as the result of litigation; (5) property acquired by an agent on behalf of another; (6) tax refunds and other tax benefit recoveries; (7) pension reversions; (8) contributions to capital (except for sales of securities by securities dealers); (9) income from discharge of indebtedness; (10) amounts realized from exchanges of inventory that are not recognized under the Internal Revenue Code; (11) amounts received from transactions in intangible assets held in connection with a treasury function of the taxpayer's unitary business and the gross receipts and overall net gains from the maturity, redemption, sale, exchange, or other disposition of those intangible assets; (12) amounts received from hedging transactions involving intangible assets; (d) "Manufacturer" shall mean a business entity which lists manufacturing as its principal business activity in the commonwealth of Massachusetts, as reported on the entity's commonwealth business tax return; (e) "Retail seller" shall mean a business entity which lists retail trade as its principal business activity in the commonwealth of Massachusetts, as reported on the entity's commonwealth business tax return. SECTION 2. Chapter 156D of the General Laws is hereby amended by inserting after section 17.05 the following section:- Section 17.06 Retail Transparency (a) Every retail seller and manufacturer doing business in the commonwealth and having annual worldwide gross receipts that exceed one hundred million dollars shall disclose its efforts to eradicate human trafficking from its direct supply chain for tangible goods offered for sale. (b) Disclosures shall be posted on the retail seller's or manufacturer's internet website with clear and easily understood link to the required information placed on the business' homepage. In the event the retail seller or manufacturer does not have an internet website, consumers shall be provided the written disclosure within thirty days of receiving a written request for the disclosure from a consumer. (c) The retailer shall disclose to what extent the retail seller or manufacturer does each of the following: (1) engages in verification of product supply chains to evaluate and address risks of human trafficking, such disclosure shall specify if the verification was not conducted by a third party; (2) conducts audits of suppliers to evaluate supplier compliance with 100 company standards for human trafficking in supply chains, such disclosure shall specify if the verification was not an independent, unannounced audit; (3) requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding human trafficking of the country or countries in which they are doing business; (4) maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding human trafficking; (5) provides company employees and management who have direct responsibility for supply chain management training on human trafficking, particularly with respect to mitigating risks within the supply chain of products; (d) A violation of this section shall be an action brought by the attorney general for injunctive relief.

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An Act reforming alimony in the Commonwealth

S968

SD853

{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:06:33.517'}

[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:06:33.5166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S968/DocumentHistoryActions

Bill

By Mr. Feeney, a petition (accompanied by bill, Senate, No. 968) of Paul R. Feeney for legislation to reform alimony in the Commonwealth. The Judiciary.

SECTION 1. Section 53 of chapter 208 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “order”, in line 24, the following words:- , except in cases where deviation applies pursuant to subsection(e). SECTION 2. Said chapter 208 is hereby further amended by adding the following section:- Section 56. No alimony judgment under sections 48 to 55, inclusive, where the parties have agreed in writing that the alimony judgment survives or is not modifiable shall be modified by a court without the consent of both parties. SECTION 3. Chapter 124 of the acts of 2011 is hereby amended by striking out section 4 and inserting in place thereof the following section:- Section 4. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Alimony", the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a court order. “Existing alimony judgment”, an order of a court to pay alimony entered by a court prior to March 1, 2012. “General term alimony”, the periodic payment of support to a recipient spouse who is economically dependent. “Payor”, a spouse required by order of a court to pay alimony or general term alimony. “Recipient”, a spouse receiving by order of a court alimony or general term alimony. (b) Existing alimony judgments shall be general term alimony as that term is defined in section 48 of chapter 208 of the General Laws. (c) Unless otherwise provided in this section, existing alimony judgments shall terminate pursuant to the terms of such existing alimony judgment or pursuant to an order of modification entered by a court. (d) Existing alimony judgments that exceed the durational limits under section 49 of said chapter 208 shall be deemed a material change of circumstance that warrants modification and shall be modified upon a complaint for modification without additional material change of circumstance, unless the court finds that deviation from the durational limits is warranted. (e) A payor of alimony paying alimony pursuant to an existing alimony judgment may file a complaint for modification of the existing alimony judgment if the recipient is determined to be cohabitating pursuant to subsection (d) of said section 49 of said chapter 208. A court considering a complaint for modification of an existing alimony judgment pursuant to this subsection shall consider the recipient’s cohabitation a material change of circumstance when ruling on the complaint for modification. General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common household, as defined in this subsection, with another person for a continuous period of at least 3 months. (1) Persons are deemed to maintain a common household when they share a primary residence together with or without others. In determining whether the recipient is maintaining a common household, the court may consider any of the following factors: (i) oral or written statements or representations made to third parties regarding the relationship of the persons; (ii) the economic interdependence of the couple or economic dependence of 1 person on the other; (iii) the persons engaging in conduct and collaborative roles in furtherance of their life together; (iv) the benefit in the life of either or both of the persons from their relationship; (v) the community reputation of the persons as a couple; or (vi) other relevant and material factors. (2) An alimony obligation suspended, reduced or terminated under this subsection may be reinstated upon termination of the recipient's common household relationship; but, if reinstated, it shall not extend beyond the termination date of the original order. (f) A payor of alimony paying alimony pursuant to an existing alimony judgment may file a complaint for modification of the existing alimony judgment if the payor has reached full retirement age pursuant to subsection (f) of said section 49 of said chapter 208. A court considering a complaint for modification of an existing alimony judgment pursuant to this subsection shall consider the payor’s reaching full retirement age a material change of circumstance when ruling on the complaint for modification. The court may grant a recipient an extension of an existing alimony order for good cause shown; provided, however, that in granting an extension, the court shall enter written findings. (g) No existing alimony judgment under this section where the parties have agreed in writing that the existing alimony judgment survives or is not modifiable shall be modified by a court without the consent of both parties.

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An Act relative to the collateral consequences of alimony

S969

SD1139

{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:48:39.66'}

[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:48:39.66'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S969/DocumentHistoryActions

Bill

By Mr. Feeney, a petition (accompanied by bill, Senate, No. 969) of Paul R. Feeney for legislation relative to the federal tax collateral consequences of alimony. The Judiciary.

Section 53 of chapter 208 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “incomes”, in line 14, the following words:- ", if federally tax deductible, or, if not federally tax deductible, the recipient’s need or 23 per cent to 28 per cent of the difference between the parties’ gross incomes, as".

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An Act ensuring equal access to medical treatments essential for people with a developmental disability, intellectual disability, or autism

S97

SD2101

{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T13:13:09.907'}

[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T13:13:09.9066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T16:09:11.06'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:43:47.99'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-12T09:30:45.6033333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-17T08:34:02.3333333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-17T08:33:47.2233333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-17T08:33:17.9833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-17T08:34:15.9566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-03T11:48:08.7533333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-12T13:55:20.1033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-27T13:40:32.4233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-09T18:17:50.5233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T07:32:16.3333333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-29T12:44:08.1166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-08T08:04:22.9366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S97/DocumentHistoryActions

Bill

By Mr. Keenan, a petition (accompanied by bill, Senate, No. 97) of John F. Keenan, Michael O. Moore, Michael D. Brady, James B. Eldridge and other members of the General Court for legislation to ensure equal access to medical treatments essential for people with a developmental disability, intellectual disability, or autism. Children, Families and Persons with Disabilities.

Chapter 118E of General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 79 the following section:- Section 80. The division shall cover the cost of habilitative and rehabilitative medically necessary treatments for individuals aged 21 and older who are receiving coverage under this chapter and who have been diagnosed with any of the following disorders as defined in the most recent version of the diagnostic and statistical manual of mental disorders (DSM): developmental disability, an intellectual disability or autism spectrum disorder. The diagnoses must be made by a licensed physician or a licensed psychologist who determines the care to be medically necessary. Treatments shall include, but shall not be limited to, applied behavior analysis provided or supervised by a licensed behavior analyst that is necessary to develop, maintain or restore, to the maximum extent practicable, the functioning of an individual. In addition, the division shall cover the cost of both dedicated and non-dedicated augmentative and alternative communication devices, including, but not limited to, medically necessary tablets.

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[{'Description': 'Remove as co-sponsor 2/1/2023', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=15096&title=Remove%20as%20co-sponsor%202%2F1%2F2023'}]

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An Act relative to suicide prevention signage at certain facilities

S970

SD1714

{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:50:07.327'}

[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:50:07.3266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S970/DocumentHistoryActions

Bill

By Mr. Feeney, a petition (accompanied by bill, Senate, No. 970) of Paul R. Feeney for legislation relative to suicide prevention signage at certain facilities. The Judiciary.

SECTION 1. Section 32 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following 3 paragraphs:- Every owner, proprietor and person in control or keeper of a garage of a vertical height above 3 stories or 30 feet shall, within 1 year of this act, conspicuously post signage providing information on suicide prevention including, but not limited to, the 988 behavioral health emergency line, and the words “You Are Not Alone”, designed and developed by the division on violence and injury prevention within the department of public health and available on the department’s website. The sign shall be posted conspicuously on each of the 4 walls of a garage on each floor above 3 stories or 30 feet in height and in each elevator lobby and stairwell on each floor leading to the top level of the garage. Every owner, proprietor and person in control of a garage shall submit to the department of public health and to the architectural access board proof of posted signage within 1 year of the effective date of this section. The penalty for failure to comply with this act shall be $50 per day, payable to the commonwealth and to be distributed equally to Massachusetts non-profit organizations dedicated to preventing suicide at the end of each fiscal year. SECTION 2. (a) Notwithstanding any general or special law to the contrary, the department of public health, in consultation with the division on violence and injury prevention and the Massachusetts Bay Transportation Authority, shall conduct a study of mass transportation facilities, as defined in section 1 of chapter 161A of the General Laws, inclusive of railways and crossings, that are potential means of suicide or locations where a suicide has occurred in the last 10 years. (b) The department of public health shall submit a report containing the findings of its study to the clerks of the senate and the house of representatives, the joint committee on health care financing, the joint committee on mental health, substance use and recovery, the joint committee on transportation and the senate and house committees on ways and means within 1 year of the passage of this act. The department shall publish a copy of the report on its website. (c) Within 1 year of the publication of the report, the department of public health shall promulgate regulations requiring the Massachusetts Bay Transportation Authority to integrate at mass transportation facilities, physical infrastructure and design elements that will reduce and eliminate means of suicide, including, but not limited to, a requirement to conspicuously post signage providing information on suicide prevention, developed and provided by the division on violence and injury prevention within the department of public health, including, but not limited to, the 988 behavioral health emergency line, and the words “You Are Not Alone”. The sign shall use a soothing light green color and shall be developed in a manner that is large enough to be viewed from a distance and that can be clearly viewed and read by persons in all lighting conditions. The department of public health shall make the sign, as well as design recommendations for barriers and features to prevent means of suicide at mass transportation facilities, railways and crossings, available on its website for viewing and download by the public. SECTION 3. Section 1 of this Act shall take effect 1 year after the publication of the signage required under section 2 on the website of the department of public health.

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

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An Act relative to the malicious doxing of personal information

S971

SD1269

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:39:12.167'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:39:12.1666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S971/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 971) of Barry R. Finegold for legislation relative to the malicious doxing of personal information. The Judiciary.

SECTION 1. Chapter 214 of the General Laws is hereby amended by inserting after section 3B the following section:- Section 3C. Malicious Doxing (a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise: “Disseminate”, disclose, distribute, share, publish, exhibit, advertise, release, transfer or otherwise make available. “Family member”, an individual’s parent, grandparent, sibling, spouse, domestic partner, child, stepchild, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law. “Gender-affirming health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria. “Harassment”, conduct constituting the crime of criminal harassment pursuant to section 43A of chapter 265 of the General Laws. “Personal information”, information that: (i) identifies, relates to or is reasonably capable of being associated with a specific individual or such individual’s family member; and (ii) reveals such individual's or such family member’s: (1) home address, including a primary or secondary residence; (2) home phone number or cellphone number; (3) social security number; (4) electronic mail address; or (5) school or employment location. “Reproductive health care services”, all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management or the termination of a pregnancy. “Stalking”, conduct constituting the crime of stalking pursuant to section 43 of chapter 265 of the General Laws. (b) A plaintiff may bring a civil action in the superior court against another person for the malicious doxing of personal information if the plaintiff establishes by a preponderance of the evidence that: (i) the person knowingly disseminated the personal information of the plaintiff or the plaintiff’s family member; (ii) the person knew or reasonably should have known that the plaintiff or the plaintiff’s applicable family member did not consent to such dissemination of their personal information; (iii) the person disseminated the personal information with the malicious intent to cause, aid, encourage or facilitate the harassment, stalking, death or bodily injury of the plaintiff or the plaintiff’s family member; and (iv) the dissemination of the personal information: (1) poses an imminent and serious threat to the safety of the plaintiff or the plaintiff’s family member; provided, however, that the person disseminating the personal information knows or reasonably should know of the imminent and serious threat; (2) results in the harassment, stalking, death or bodily injury of the plaintiff or the plaintiff’s family member; or (3) would cause a reasonable individual to fear the harassment, stalking, death or bodily injury of the individual or the individual’s family member. (c) A plaintiff who prevails in a claim under this section may recover actual damages, punitive damages, injunctive relief, reasonable attorney fees, and any other appropriate equitable relief. (d) In determining the overall amount of damages to assess against a person pursuant to this section, the court shall consider whether the personal information was disseminated along with other sensitive information about the individual or the individual’s family member, including but not limited to, information concerning: (i) the racial or ethnic origin, citizenship or immigration status, sexual orientation or religious beliefs of the individual or the individual’s family member; (ii) the past or present mental or physical health condition, disability, diagnosis or treatment of the individual or the individual’s family member; or (iii) whether the individual or the individual’s family member is seeking, providing, facilitating or promoting gender-affirming or reproductive health care services. (e) A person found liable under this section shall be jointly and severally liable with each other person found liable under this section for the damages, reasonable attorney fees and costs awarded by the court arising from the same violation of this section. (f) This section shall not be construed to impose liability on any of the following entities: (i) an interactive computer service, as such term is used in 47 U.S.C. 230; (ii) an information service provider, telecommunications provider, interconnected VoIP provider or a mobile service provider, as such terms are used in 47 U.S.C. 153; (iii) a commercial mobile service provider, as such term is used in 47 U.S.C. sec. 332(d); or (iv) a cable operator, as such term is used in 47 U.S.C. sec. 522; provided, however, that the entity is acting in its capacity as a provider of such services and the content in question is provided by another person other than the entity. (g) This section shall not apply to the dissemination of personal information: (i) for the purposes of reporting conduct reasonably believed to be unlawful; (ii) gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or (iii) for the purposes of a party’s exercise of its right to petition, as such term is defined in section 59H of chapter 231 of the General Laws. (h) An action under this section shall be commenced not later than two years after the occurrence of the conduct that gives rise to a claim for relief. SECTION 2. Section 1 of this act applies to conduct occurring on or after the effective date of this act.

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An Act relative to retirement reporting

S972

SD1280

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-13T16:21:20.2'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-13T16:21:20.2'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T13:38:54.0866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T13:38:54.0866667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-01T09:24:48.8'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T16:56:15.86'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-05T16:28:08.6166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S972/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 972) of Barry R. Finegold, Vanna Howard, Angelo J. Puppolo, Jr., Marc R. Pacheco and others for legislation relative to retirement reporting. The Judiciary.

Section 15 of chapter 32 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:- (5) If the attorney general or a district attorney becomes aware of a final conviction of a member of a retirement system under circumstances which may require forfeiture of the member’s rights to a pension or retirement allowance, or a return of the member's accumulated total deductions pursuant to this chapter, sections 58 or 59 of chapter 30 or section 25 of chapter 268A, the attorney general or district attorney shall immediately notify the commission of such conviction. The commission shall not report the conviction to the member’s retirement board or employer unless the commission: (i) has determined that such conviction, in fact, requires forfeiture of that member’s rights to a pension or retirement allowance, or return of the member's accumulated total deductions pursuant to this chapter, sections 58 or 59 of chapter 30 or section 25 of chapter 268A; and (ii) is directing that member’s retirement board or employer to take action to effectuate such forfeiture.

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An Act relative to preventing suicide

S973

SD1302

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T14:53:41.117'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T14:53:41.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S973/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 973) of Barry R. Finegold for legislation relative to preventing suicide. The Judiciary.

Chapter 265 of the General Laws is hereby amended by inserting after section 16 the following section:- Section 16A. (a) For the purposes of this section, the following words shall have the following meanings: “Suicide”, death caused by self-directed injurious behavior with intent to die as a result of the behavior. “Suicide attempt”, a non-fatal, self-directed, potentially injurious behavior with intent to die as a result of the behavior, regardless of whether the behavior actually results in physical injury. “Suicidal ideation”, thinking about, considering or planning suicide. “Knowledge of suicidal ideation”, actual knowledge of prior attempts to die from suicide; of a person’s planned methods to die from suicide; that a person intends to die from or attempt to die from suicide; or that a person has expressed such suicidal inclinations. (b) A person shall be punished by imprisonment in the state prison for not more than 5 years if such person of another person’s propensity for suicidal ideation and either: (1) (i) exercises substantial control over the other person through control of the other person’s physical location or circumstances; deceptive or fraudulent manipulation of the other person’s fears, affections or sympathies; or undue influence whereby the will of 1 person is substituted for the wishes of another; (ii) intentionally coerces or encourages that person to commit or attempt to commit suicide; and (iii) as a result of the coercion or encouragement, in whole or in part, that other person commits or attempts to commit suicide; or (2) (i) intentionally provides the physical means, or knowledge of such means, to the other person for the purpose of enabling that other person to commit or attempt to commit suicide and, as a result, the other person commits or attempts to commit suicide; or (ii) participates in a physical act which causes, aids, encourages or assists the other person in committing or attempting to commit suicide. (c) This section shall not apply to a medical treatment lawfully administered by, or in a manner prescribed by, a licensed physician.

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An Act relative to fiduciary access to digital assets

S974

SD1822

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T20:21:27.283'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T20:21:27.2833333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S974/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 974) of Barry R. Finegold for legislation relative to uniform fiduciary access to digital assets. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the following chapter:- CHAPTER 201G. Massachusetts Fiduciary Access to Digital Assets Act Section 1. Definitions As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise: “Account”, an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. “Agent”, an attorney-in-fact granted authority under a durable or nondurable power of attorney. “Carries”, engages in the transmission of an electronic communication. “Catalogue of electronic communications”, information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of such person. “Conservator”, a person appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator, special conservator and those individuals specifically authorized under section 5-408 of chapter 190B. “Content of an electronic communication”, information concerning the substance or meaning of the communication which: (i) has been sent or received by a user; (ii) is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and (iii) is not readily accessible to the public. “Court”, the probate and family court department of the trial court. “Custodian”, a person that carries, maintains, processes, receives or stores a digital asset of a user. “Designated recipient”, a person chosen by a user using an online tool to administer digital assets of the user. “Digital asset”, an electronic record in which an individual has a right or interest; provided, however, that “digital asset” shall not include an underlying asset or liability unless the asset or liability is itself an electronic record. “Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. “Electronic communication”, as set forth in 18 U.S.C. section 2510(12), as amended. “Electronic-communication service”, a custodian that provides to a user the ability to send or receive an electronic communication. “Fiduciary”, an original, additional or successor personal representative, conservator, agent or trustee. “Information”, data, text, images, videos, sounds, codes, computer programs, software, databases or the like. “Higher education institution”, a public or private institution of higher education, including, but not limited to, a college, community college, junior college, graduate school or university. “Higher education institutional account”, an account of which the custodian is: (i) a higher education institution; or (ii) a custodian acting on behalf of a higher education institution. “Online tool”, an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. “Person”, an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. “Personal representative”, an executor, administrator, special administrator or person that performs substantially the same function under law of this commonwealth other than this chapter. “Power of attorney”, a record that grants an agent authority to act in the place of a principal. “Principal”, an individual who grants authority to an agent in a power of attorney. “Protected person”, an individual for whom a conservator has been appointed; provided, however, that “protected person” shall include an individual for whom a petition for the appointment of a conservator is pending. “Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. “Remote-computing service”, a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. section 2510(14), as amended. “Terms-of-service agreement”, an agreement that controls the relationship between a user and a custodian. “Trustee”, a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another; provided, however, that "trustee" shall include an original, additional or successor trustee, whether or not appointed or confirmed by the court. “User”, a person that has an account with a custodian. “Will” shall include, but not be limited to, a codicil, testamentary instrument that only appoints a personal representative or an instrument that revokes or revises a testamentary instrument. Section 2. Scope and Applicability (a) This chapter shall apply to: (i) a fiduciary acting under a will or power of attorney executed before, on or after the effective date of this chapter; (ii) a personal representative acting for a decedent who died before, on or after the effective date of this chapter; (iii) a conservatorship proceeding commenced before, on or after the effective date of this chapter; or (iv) a trustee acting under a trust created before, on or after the effective date of this chapter. (b) This chapter shall apply to a custodian if the user resides in this commonwealth or resided in this commonwealth at the time of the user’s death. (c) This chapter shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business; provided, however, that for the purposes of this chapter, an individual enrolled at a higher education institution shall not be considered an employee of the higher education institution with regard to any electronic communications or digital assets produced in the ordinary course of the individual’s course of study. Section 3. User Direction for Disclosure of Digital Assets (a) A user may use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record. (b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user. (c) A user’s direction under subsection (a) or (b) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service. Section 4. Terms-of-Service Agreement (a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use the digital assets of the user. (b) This chapter does not give a fiduciary any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary acts or represents. (c) A fiduciary’s access to digital assets may be modified or eliminated by a user by federal law or by a terms-of-service agreement if the user has not provided direction under section 3 of this chapter. (d) Notwithstanding anything in this section to the contrary, if a user’s account is a higher education institutional account, a user’s assent to a terms-of-service agreement shall not be construed to constitute the user’s direction to prohibit the disclosure of the user's digital assets to a fiduciary upon or after the user's death. Section 5. Procedure for Disclosing Digital Assets (a) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion: (i) grant a fiduciary or designated recipient full access to the user’s account; (ii) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (iii) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian shall not be required to disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian shall not be required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (i) a subset limited by date of the user’s digital assets; (ii) all of the user’s digital assets to the fiduciary or designated recipient; (iii) none of the user’s digital assets; or (iv) all of the user’s digital assets to the court for review in camera. Section 6. Disclosure of Electronic Communications of Deceased User (a) If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives to the custodian: (i) a written request for disclosure in physical or electronic form; (ii) a certified copy of the death certificate of the user; (iii) an attested copy of the letter of appointment of the representative or a small-estate affidavit or court order; (iv) unless the deceased user provided direction using an online tool, a copy of the user’s will, trust or other record evidencing the user’s consent to disclosure of the content of electronic communications; and (v) if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (2) evidence linking the account to the user; or (3) a finding by the court that: (A) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1); (B) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C. section 222, as amended, or other applicable law; (C) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (D) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. (b) Notwithstanding anything in this section to the contrary, unless the deceased user prohibited disclosure of digital assets or a court directs otherwise, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if: (i) the user’s account was a higher education institutional account; (ii) the user was 25 years of age or younger at the time of their death; and (iii) the representative gives to the custodian each of the records required pursuant to clauses (i) through (iii) of subsection (a) and requested pursuant to clause (v) of subsection (a); provided, however, that the representative shall not be required to give a record of the user’s consent to disclosure if such record does not exist. (c) Unless the deceased user prohibited disclosure of digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user; provided, however, that the representative shall give to the custodian: (1) each of the records required pursuant to clauses (i) through (iii) of subsection (a); and (2) if requested by the custodian: (A) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (B) evidence linking the account to the user; (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or (D) an affidavit or a finding by the court stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate. Section 7. Disclosure of Digital Assets of Principal (a) Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives to the custodian: (i) a written request for disclosure in physical or electronic form; (ii) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (iii) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (iv) if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; or (2) evidence linking the account to the principal. (b) To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives to the custodian: (i) each of the records required pursuant to clauses (i) and (iii) of subsection (a) and requested pursuant to clause (iv) of subsection (a); and (ii) an original or a copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal. Section 8. Disclosure of Digital Assets Held in Trust (a) Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. (b) Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives to the custodian: (i) a written request for disclosure in physical or electronic form; (ii) a certified copy of the trust instrument or a certification of the trust under chapter 203E; provided, however, that such copy shall include the original user’s consent to disclosure of the content of electronic communications to the trustee, unless the original user’s account was a higher education institutional account and the original user was 25 years of age or younger at the time of their death; (iii) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (iv) if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or (2) evidence linking the account to the trust. (c) Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives to the custodian: (1) each of the records required pursuant to clause (i) and (iii) of subsection (b) and requested pursuant to clause (iv) of subsection (b); and (2) a certified copy of the trust instrument or a certification of the trust under chapter 203E. Section 9. Disclosure of Digital Assets to Conservator of Protected Person (a) After an opportunity for a hearing under chapter 190B, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives to the custodian: (i) a written request for disclosure in physical or electronic form; (ii) an attested copy of the court order that gives the conservator authority over the digital assets of the protected person; and (iii) if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or (2) evidence linking the account to the protected person. (c) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by an attested copy of the court order giving the conservator authority over the protected person’s property. Section 10. Fiduciary Duty and Authority (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (i) the duty of care; (ii) the duty of loyalty; and (iii) the duty of confidentiality. (b) A fiduciary’s authority with respect to a digital asset of a user: (i) except as otherwise provided in sections 3 or 4 of this chapter, is subject to the applicable terms-of-service agreement; (ii) is subject to other applicable law, including copyright law; (iii) is limited by the scope of the fiduciary’s duties; and (iv) shall not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 120F of chapter 266. (e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor: (i) has the right to access the property and any digital asset stored in it; and (ii) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 120F of chapter 266. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by: (i) if the user is deceased, a certified copy of the death certificate of the user; (ii) an attested copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney or trust giving the fiduciary authority over the account; and (iii) if requested by the custodian: (1) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (2) evidence linking the account to the user; or (3) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). Section 16. Custodian Compliance and Immunity (a) Not later than 60 days after receipt of the information required under sections 6 through 9 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. section 2702, as amended. (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request. (e) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (i) specifies that an account belongs to the protected person or principal; (ii) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (iii) contains a finding required by law other than this chapter. (f) A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Section 17. Severability If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. SECTION 2. Chapter 201G of the General Laws shall take effect 1 year after the passage of this act.

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An Act relative to the process for amending marriage certificates

S975

SD2023

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T23:13:45.193'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T23:13:45.1933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S975/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 975) of Barry R. Finegold for legislation relative to the process for amending marriage certificates. The Judiciary.

Section 13 of chapter 46 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after subsection (k) the following subsection:- (l) (1) If a person has completed medical intervention for the purpose of permanent sex reassignment, the marriage record of that person shall be amended to permanently and accurately reflect the reassigned sex if the following documents have been received by the state registrar or town clerk: (i) an affidavit executed by the person to whom the record relates attesting, under penalty of perjury, that: (A) the affiant’s gender differs from the sex designated on the original marriage record, if such gender is so recorded; and (B) that the marriage is still legally intact; (ii) a physician's notarized statement that the person has completed medical intervention, appropriate for that individual, for the purpose of permanent sex reassignment and is not of the sex recorded on the record; and (iii) a notarized statement from the spouse named on the marriage record to be amended consenting to the amendment. (2) The affiant shall furnish a certified copy of the legal change of name if the affiant is seeking a marriage record with the legal change of name instead of the name as appearing on the marriage record prior to the amendment.

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An Act relative to child custody orders

S976

SD2208

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T18:57:24.25'}

[{'Id': None, 'Name': 'Melissa Ferris', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T18:57:24.25'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S976/DocumentHistoryActions

Bill

By Mr. Finegold (by request), a petition (accompanied by bill, Senate, No. 976) of Melissa Ferris for legislation relative to child custody orders. The Judiciary.

SECTION 1. Subsection (e) of section 10 of chapter 209C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third paragraph thereof. SECTION 2. Said section 10 of said chapter 209C is hereby further amended by inserting after subsection (e) the following new subsection:- (f) Notwithstanding any provision of this section or any other general or special law to the contrary, a court shall not issue a temporary or permanent order awarding sole custody, shared legal custody or shared physical custody to a parent against whom an active order pursuant to chapter 209A or chapter 258E was issued as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, unless the parent who filed such complaint consents to the custody award. A court shall not issue a permanent order awarding sole custody, shared legal custody or shared physical custody: (i) during the pendency of a complaint filed by 1 parent against the other pursuant to said chapter 209A or said chapter 258E; or (ii) if 1 parent is awarded a temporary relief order against the other without notice pursuant to section 4 of said chapter 209A or section 5 of said chapter 258E, until such time as the defendant has been provided an opportunity to be heard on the question of continuing the temporary relief order. If, after an award for custody has been issued pursuant to this section, an order is issued against 1 parent as a result of a complaint filed by the other parent pursuant to said chapter 209A or said chapter 258E, the court shall revisit the custody award and modify it as necessary to conform to the requirements of this subsection.

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An Act relative to the Massachusetts Uniform Trust Decanting Act

S977

SD2284

{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:54:51.42'}

[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:54:51.42'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S977/DocumentHistoryActions

Bill

By Mr. Finegold, a petition (accompanied by bill, Senate, No. 977) of Barry R. Finegold for legislation relative to the Massachusetts Uniform Trust Decanting Act. The Judiciary.

SECTION 1. Article 1 of Chapter 203E of the General Laws is hereby amended by striking out Section 103, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:- Section 103. Definitions. In this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Action”, with respect to an act of a trustee, includes a failure to act. “Ascertainable standard”, a standard relating to an individual’s health, education, support or maintenance. “Beneficiary”, a person who has a present or future beneficial interest in a trust, vested or contingent. “Charitable trust”, a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of section 405. “Environmental law”, a federal, state or local law, rule, regulation or ordinance relating to protection of the environment. “Interests of the beneficiaries”, the beneficial interests provided in the terms of the trust. “Jurisdiction”, a geographic area, including a state or country. “Person”, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. “Property”, anything that may be the subject of ownership, whether real, personal, legal, equitable or any interest therein. “Qualified beneficiary”, a beneficiary who, on the date the beneficiary’s qualification is determined: (i) is a distributee or permissible distributee of trust income or principal; (ii) would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in clause (i) terminated on that date without causing the trust to terminate; or (iii) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. “Revocable”, a trust that is revocable by the settlor without the consent of the trustee or a person holding an adverse interest. “Settlor”, a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to revoke or withdraw that portion. “Spendthrift provision”, a term of a trust which restrains transfer of a beneficiary’s interest. “State”, a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States, including an Indian tribe or band recognized by federal law or formally acknowledged by a state. “Terms of a trust”: (i) except as otherwise provided in clause (ii), the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or established by other evidence that would be admissible in a judicial proceeding; or (ii) the trust’s provisions as established, determined, or amended by a trustee or other person in accordance with applicable law, a court order, or a non-judicial settlement agreement under section 111. “Trust instrument”, an instrument that contains terms of the trust, including any amendments thereto. “Trustee”, an original, additional or successor trustee or a co-trustee. SECTION 2. Said Article 1 of Chapter 203E of the General Laws is hereby further amended by striking out section 110, as so appearing, and inserting in place thereof the following section:- Section 110. Others treated as qualified beneficiaries (a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee shall also give notice to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust shall have the rights of a qualified beneficiary under this chapter if, on the date the charitable organization’s qualification is being determined, the charitable organization: (1) is a distributee or permissible distributee of trust income or principal; (2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or (3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (c) A person appointed to enforce a trust created for the care of an animal or other non-charitable purpose, as provided in sections 408 and 409, shall have the rights of a qualified beneficiary under this chapter. SECTION 3. Said Chapter 203E of the General Laws is hereby further amended by inserting after Article 8 the following article:- ARTICLE 9 MASSACHUSETTS UNIFORM TRUST DECANTING ACT Section 901. Short title This article shall be known and may be cited as the Massachusetts Uniform Trust Decanting Act. Section 902. Definitions In this article the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Appointive property”, the property or property interest subject to a power of appointment. “Authorized fiduciary”: (i) a trustee or other fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries; (ii) a special fiduciary appointed under section 909; or (iii) a special-needs fiduciary under section 913. “Beneficiary”, for purposes of this article, includes an identified charitable organization that will or may receive distributions under the terms of the trust. “Charitable interest”, an interest in a trust which: (i) is held by an identified charitable organization and makes the organization a qualified beneficiary; (ii) benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary; or (iii) is held solely for charitable purposes described in subsection (a) of section 405 and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. “Current beneficiary”: (i) a beneficiary who, on the date the beneficiary’s qualification is determined, is a distributee or permissible distributee of trust income or principal; or (ii) a holder of a presently exercisable general power of appointment. “Decanting power”, the power of an authorized fiduciary under this article to distribute property of a first trust to one or more second trusts or to modify the terms of the first trust. “Expanded distributive discretion”, a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard. “First trust”, a trust over which an authorized fiduciary may exercise the decanting power. “First-trust instrument”, the trust instrument for a first trust. “General power of appointment”, a power of appointment exercisable in favor of a powerholder, the powerholder’s estate, a creditor of the powerholder, or a creditor of the powerholder’s estate. “Power of appointment”, a power (other than a power of attorney) that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. “Powerholder”, a person in which a donor creates a power of appointment. “Presently exercisable power of appointment”, a power of appointment exercisable by the powerholder at the relevant time. The term: (i) includes a power of appointment exercisable only after the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after (a) the occurrence of the specified event, (b) the satisfaction of the ascertainable standard, or (c) the passage of the specified time; and (ii) does not include a power exercisable only at the powerholder’s death. “Reasonably definite standard” means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of subsection (b)(5)(A) of section 674 of the Internal Revenue Code and any applicable regulations. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. “Second trust”: (i) a first trust after modification under this article; or (ii) a trust to which a distribution of property from a first trust is or may be made under this article. “Second-trust instrument”, the trust instrument for a second trust. “Sign” means, with present intent to authenticate or adopt a record: (i) to execute or adopt a tangible symbol; or (ii) to attach to or logically associate with the record an electronic symbol, sound, or process. Section 903. Scope (a) Except as otherwise provided in subsections (b) and (c), this article applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) This article does not apply to a trust held solely for charitable purposes described in subsection (a) of section 405. (c) Subject to section 915, a trust instrument may restrict or prohibit exercise of the decanting power. (d) This article does not limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of the commonwealth other than this article, common law, a court order, or a non-judicial settlement agreement. (e) This article does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument. Section 904. Fiduciary duty (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) This article does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this article. (c) Except as otherwise provided in a first-trust instrument, for purposes of this article and sections 801 and 802(a), the terms of the first trust are deemed to include the decanting power. Section 905. Application; governing law This article applies to a trust created before, on, or after the effective date of this article which has its principal place of administration in the commonwealth. Section 906. Reasonable reliance A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under this article, law of the commonwealth other than this article, or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance. Section 907. Notice; exercise of decanting power (a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided in this article, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval. (c) Except as otherwise provided in subsection (f), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to: (1) each settlor of the first trust, if living or then in existence; (2) each qualified beneficiary of the first trust; (3) each holder of a presently exercisable power of appointment over any part or all of the first trust; (4) each person that currently has the right to remove or replace the authorized fiduciary; (5) each other fiduciary of the first trust; (6) each fiduciary of the second trust; and (7) the attorney general, if subsection (b) of section 914 applies. (d) An authorized fiduciary is not required to give notice under subsection (c) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence. (e) A notice under subsection (c) must: (1) specify the manner in which the authorized fiduciary intends to exercise the decanting power; (2) specify the proposed effective date for exercise of the power; (3) include a copy of the first-trust instrument; and (4) include a copy of all second-trust instruments. (f) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the period in a signed record. (g) The receipt of notice, waiver of the notice period, or expiration of the notice period does not affect the right of a person to file an application under section 909 asserting that: (1) an attempted exercise of the decanting power is ineffective because it did not comply with this article or was an abuse of discretion or breach of fiduciary duty; or (2) section 922 applies to the exercise of the decanting power. (h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) if the authorized fiduciary acted with reasonable care to comply with subsection (c). Section 908. [Reserved] Section 909. Court involvement (a) On application of an authorized fiduciary, a person entitled to notice under subsection (c) of section 907, a beneficiary, or with respect to a charitable interest the attorney general or other person that has standing to enforce the charitable interest, the court may: (1) provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this article and consistent with the fiduciary duties of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this article and to exercise the decanting power; (3) approve an exercise of the decanting power; (4) determine that a proposed or attempted exercise of the decanting power is ineffective because: (A) after applying section 922, the proposed or attempted exercise does not or did not comply with this article; or (B) the proposed or attempted exercise would be or was an abuse of the fiduciary’s discretion or a breach of fiduciary duty; (5) determine the extent to which section 922 applies to a prior exercise of the decanting power; (6) provide instructions to the trustee regarding the application of section 922 to a prior exercise of the decanting power; or (7) order other relief to carry out the purposes of this article. (b) On application of an authorized fiduciary, the court may approve: (1) an increase in the fiduciary’s compensation under section 916; (2) a modification of fiduciary liability under section 917; or (3) a modification under section 918 of a provision granting a person the right to remove or replace the fiduciary. Section 910. Formalities An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must, directly or by reference to the notice required by section 917, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust. Section 911. Decanting power under expanded distributive discretion (a) In this section: (1) “Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute property subject to the right to any person other than the beneficiary or the beneficiary’s estate. (2) “Presumptive remainder beneficiary” means a qualified beneficiary other than a current beneficiary. (3) “Successor beneficiary” means a beneficiary who is not a qualified beneficiary on the date the beneficiary’s qualification is determined. (4) “Vested interest” means: (A) a right to a mandatory distribution that is a noncontingent right as of the date of the exercise of the decanting power; (B) a current and noncontingent right, annually or more frequently, to a mandatory distribution of income, a specified dollar amount, or a percentage of value of some or all of the trust property; (C) a current and noncontingent right, annually or more frequently, to withdraw income, a specified dollar amount, or a percentage of value of some or all of the trust property; (D) a presently exercisable general power of appointment; or (E) a right to receive an ascertainable part of the trust property on the trust’s termination which is not subject to the exercise of discretion or to the occurrence of a specified event that is not certain to occur. (b) Subject to subsection (c) and section 914, an authorized fiduciary who has expanded distributive discretion over the principal of a first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. (c) Subject to section 913, in an exercise of the decanting power under this section, a second trust may not: (1) include as a current beneficiary a person who is not a current beneficiary of the first trust or include as a current beneficiary with respect to trust principal a person who is a current beneficiary of the first trust only with respect to trust income, except as otherwise provided in subsection (d); (2) include as a presumptive remainder beneficiary or successor beneficiary a person who is not a current beneficiary, presumptive remainder beneficiary, or successor beneficiary of the first trust, except as otherwise provided in subsection (d); or (3) reduce or eliminate a vested interest. (d) Subject to subsection (c)(3) and section 914, in an exercise of the decanting power under this section, a second trust may be a trust created or administered under the law of any jurisdiction and may: (1) retain a power of appointment granted in the first trust; (2) omit a power of appointment granted in the first trust, other than a presently exercisable general power of appointment; (3) create or modify a power of appointment if the powerholder is a current beneficiary of the first trust and the authorized fiduciary has expanded distributive discretion to distribute principal to the beneficiary; and (4) create or modify a power of appointment if the powerholder is a presumptive remainder beneficiary or successor beneficiary of the first trust, but the exercise of the power may take effect only after the powerholder becomes, or would have become if then living, a current beneficiary. (e) A power of appointment described in subsection (d)(1) through (4) may be general or nongeneral. The class of permissible appointees in favor of which the power may be exercised may be broader than or different from the beneficiaries of the first trust. (f) If an authorized fiduciary has expanded distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has expanded distributive discretion. Section 912. Decanting power under limited distributive discretion (a) In this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary who has limited distributive discretion over the principal of the first trust for the benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust. (c) Under this section and subject to section 914, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, must grant each beneficiary of the first trust beneficial interests which are substantially similar to the beneficial interests of the beneficiary in the first trust. (d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if: (1) the distribution is applied for the benefit of the beneficiary; (2) the beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under this chapter; or (3) the distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary. (e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion. Section 913. Trust for beneficiary with disability (a) In this section: (1) “Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incompetent. (2) “Governmental benefits” means financial aid or services from a state, federal, or other public agency. (3) “Special-needs fiduciary” means, with respect to a trust that has a beneficiary with a disability: (A) a trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the principal of a first trust to one or more current beneficiaries; (B) if no trustee or fiduciary has discretion under subsection (A), a trustee or other fiduciary, other than a settlor, who has discretion to distribute part or all of the income of the first trust to one or more current beneficiaries; or (C) if no trustee or fiduciary has discretion under subsections (A) and (B), a trustee or other fiduciary, other than a settlor, who is required to distribute part or all of the income or principal of the first trust to one or more current beneficiaries. (4) “Special-needs trust” means a trust the trustee believes would not be considered a resource for purposes of determining whether a beneficiary with a disability is eligible for any governmental benefit. (b) A special-needs fiduciary may exercise the decanting power under section 911 over the principal of a first trust as if the fiduciary had authority to distribute principal to a beneficiary with a disability subject to expanded distributive discretion if: (1) a second trust is a special-needs trust that benefits the beneficiary with a disability; and (2) the special-needs fiduciary determines that exercise of the decanting power will further the purposes of the first trust. (c) In an exercise of the decanting power under this section, the following rules apply: (1) Notwithstanding subsection (c)(2) of section 911, the interest in the second trust of a beneficiary with a disability may: (A) be a pooled trust as defined by Medicaid law for the benefit of the beneficiary with a disability under 42 U.S.C. section 1396p(d)(4)(C); or (B) contain payback provisions complying with reimbursement requirements of Medicaid law under 42 U.S.C. section 1396p(d)(4)(A). (2) Subsection (c)(3) of section 911 does not apply to the interests of the beneficiary with a disability. (3) Except as affected by any change to the interests of the beneficiary with a disability, the second trust, or if there are two or more second trusts, the second trusts in the aggregate, must grant each other beneficiary of the first trust beneficial interests in the second trusts which are substantially similar to the beneficiary’s beneficial interests in the first trust. Section 914. Protection of charitable interest (a) In this section: (1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes described in subsection (a) of section 405. (2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the Internal Revenue Code of the United States on the date of the distribution, if the charitable organization meets the requirement on the date of determination. (b) If a first trust contains a determinable charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest. (c) This article does not limit the powers and duties of the attorney general under law of the commonwealth other than this article. Section 915. Trust limitation on decanting (a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) the decanting power; or (2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of: (1) the decanting power; or (2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust. (c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause, or a clause restraining the voluntary or involuntary transfer of a beneficiary’s interest does not preclude exercise of the decanting power. (d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this article even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust. (e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument. Section 916. Change in compensation (a) If a first-trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or (2) the increase is approved by the court. (b) If a first-trust instrument does not specify an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the compensation permitted by this chapter unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or (2) the increase is approved by the court. (c) A change in an authorized fiduciary’s compensation which is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary’s compensation for purposes of subsections (a) and (b). Section 917. Relief from liability and indemnification (a) Except as otherwise provided in this section or approved by the court, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised. (c) Except as approved by the court, a second-trust instrument may not reduce fiduciary liability in the aggregate. (d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of the commonwealth other than this article. Section 918. Removal or replacement of authorized fiduciary An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless: (a) the person holding the power consents to the modification in a signed record and the modification applies only to the person; (b) the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or (c) the court approves the modification and the modification grants a substantially similar power to another person. Section 919. Tax-related limitations (a) In this section: (1) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under sections 671 through 677 or section 679 of the Internal Revenue Code. (2) “Internal Revenue Code” means the Internal Revenue Code of the United States as amended and as then in effect, and references to a specific provision of the Internal Revenue Code are intended to include a successor provision of the same general effect. (3) “Nongrantor trust” means a trust that is not a grantor trust. (4) “Qualified benefits property” means property subject to the minimum distribution requirements of section 401(a)(9) of the Internal Revenue Code, and any applicable regulations, or to any similar requirements that refer thereto. (b) An exercise of the decanting power is subject to the following limitations: (1) If a first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a marital deduction for purposes of the gift or estate tax under the Internal Revenue Code or a state gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (2) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a state income, gift, estate, or inheritance tax, the second-trust instrument must not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction, or would have reduced the amount of the deduction, under the same provisions of the Internal Revenue Code or state law under which the transfer qualified. (3) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for the exclusion from the gift tax described in section 2503(b) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under such section. If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for the exclusion from the gift tax described in section 2503(b) of the Internal Revenue Code by application of section 2503(c) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under section 2503(c) of the Internal Revenue Code. (4) If the property of the first trust includes shares of stock in an S corporation, as defined in section 1361 of the Internal Revenue Code and the first trust is, or but for provisions of this article other than this section would be, a permitted shareholder under any provision of section 1361 of the Internal Revenue Code, an authorized fiduciary may exercise the power with respect to part or all of the S corporation stock only if any second trust receiving the stock is a permitted shareholder under section 1361(c)(2) of the Internal Revenue Code. If the property of the first trust includes shares of stock in an S corporation and the first trust is, or but for provisions of this article other than this section would be, a qualified subchapter S trust within the meaning of section 1361(d) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that prevents the second trust from qualifying as a qualified subchapter S trust. (5) If the first trust contains property that qualified, or would have qualified but for provisions of this article other than this section, for a zero inclusion ratio for purposes of the generation-skipping transfer tax under section 2642(c) of the Internal Revenue Code, the second-trust instrument must not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under such section. (6) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second-trust instrument may not include or omit any term that, if included in or omitted from the first-trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under section 401(a)(9) of the Internal Revenue Code and any applicable regulations, or any similar requirements that refer thereto. If an attempted exercise of the decanting power violates the preceding sentence, the trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the power and section 922 applies to the separate share. (7) If the first trust qualifies as a grantor trust because of the application of section 672(f)(2)(A) of the Internal Revenue Code, the second trust may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented the first trust from qualifying under such section. (8) In this subsection, “tax benefit” means a federal or state tax deduction, exemption, exclusion, or other benefit not otherwise listed in this section, except for a benefit arising from being a grantor trust. Subject to subsection (9), a second-trust instrument may not include or omit a term that, if included in or omitted from the first-trust instrument, would have prevented qualification for a tax benefit if: (A) the first-trust instrument expressly indicates an intent to qualify for the benefit or the first-trust instrument clearly is designed to enable the first trust to qualify for the benefit; and (B) the transfer of property held by the first trust or the first trust qualified, or but for provisions of this article other than this section, would have qualified for the tax benefit. (9) Subject to subsection (4): (A) except as otherwise provided in subsection (7), the second trust may be a nongrantor trust, even if the first trust is a grantor trust; and (B) the second trust may be a grantor trust, even if the first trust is a nongrantor trust. Section 920. Duration of second trust (a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation, or suspension of the power of alienation which apply to property of the first trust. Section 921. Need to distribute not required An authorized fiduciary may exercise the decanting power whether or not under the first trust’s discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise. Section 922. Saving provision (a) If exercise of the decanting power would be effective under this article except that the second-trust instrument in part does not comply with this article, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power: (1) A provision in the second-trust instrument which is not permitted under this article is void to the extent necessary to comply with this article. (2) A provision required by this article to be in the second-trust instrument which is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this article. (b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary’s duties. Section 923. Trust for care of an animal (a) In this section: (1) “Animal trust” means a trust or an interest in a trust described in section 408. (2) “Protector” means the person who may enforce the intended use of the principal or income of an animal trust under subsection (f) of section 408. (b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this article if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power. (c) Notwithstanding any other provision of this article, if a first trust is an animal trust, in an exercise of the decanting power, the second trust must provide that trust property may be applied only to its intended purpose for the period the first trust benefitted the animal. Section 924. Terms of second trust A reference in this chapter to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust. Section 925. Settlor (a) For purposes of law of the commonwealth other than this article and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. (b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered. Section 926. Later-discovered and later-acquired property (a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts. (b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust. (c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power. Section 927. Obligations A debt, liability, or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. SECTION 4. This act shall take effect on January 1, 2024.

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An Act relative to fair investment practices

S978

SD1142

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T09:43:57.807'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T09:43:57.8066667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T14:22:04.1033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:53:02.71'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-08T16:21:34.4133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T11:58:59.67'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-29T16:21:35.85'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:35:31.8866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-10-12T16:05:59.19'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S978/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 978) of Cindy F. Friedman, Paul W. Mark, Joanne M. Comerford and Pavel M. Payano for legislation relative to sexual harassment. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after Chapter 151F the following chapter:- Chapter 151G. FAIR INVESTMENT PRACTICES. Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Commission”, the Massachusetts commission against discrimination, established by section 56 of chapter 6. “Historically disadvantaged members of protected classes”, members of protected classes that have historically received less in professional investor funding than their respective shares of the population. “Professional investor”, one or more persons, including but not limited to, a bank, bank holding company, savings institution, trust company, insurance company, investment company registered under the Federal Investment Company Act of 1940, pension or profit-sharing trust or other financial institution or institutional buyer, licensee under the Federal Small Business Investment Act of 1958, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, receiver, and venture capital fund, whose business includes sponsoring, guaranteeing or granting funds or engaging in investment transactions. “Protected characteristic”, race; color; religious creed; national origin; sex; gender identity; sexual orientation, which shall not include sexual orientation involving minor children as the sex object; age; genetic information; ancestry; status as a veteran; handicap; or pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child. “Protected class”, a group of people sharing a protected characteristic. “Venture capital fund”, shall have the same meaning as defined in 17 CFR § 275.203(l)-1. Section 2. (a) It shall be unlawful for a professional investor doing business in the commonwealth to: (1) make sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature either directly or indirectly through an intermediary when: (i) submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a basis for business investment transactions, including the sponsoring, guaranteeing or granting of funds; or (ii) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s working relationship with a person by creating an intimidating, hostile, humiliating or sexually offensive environment; provided, that discrimination on the basis of sex shall include, but not be limited to, sexual harassment; and (2) discriminate on the basis of a protected characteristic in the sponsoring, guaranteeing or granting of funds or in making available funds; provided, however, that it shall not be unlawful for a Professional Investor to designate certain funds solely for historically disadvantaged members of protected classes and companies that historically disadvantaged members of protected classes direct, own or manage. Section 3. (a) A professional investor who commits an unlawful act under paragraph (1) of subsection (a) of section 2 shall be liable for damages, including, but not limited to, compensatory, incidental, consequential, and punitive damages and injunctive and other appropriate equitable relief. A plaintiff may seek to recover such liability in any court of competent jurisdiction. The court shall, in addition to any judgment awarded to the plaintiff, award reasonable attorneys’ fees to be paid by the defendant and the costs of the action. (b) The attorney general shall have the sole authority to bring enforcement action for violations of paragraph (2) of subsection (a) of section 2, and may bring an action for damages, together with the costs of the action and reasonable attorneys’ fees, against a professional investor who commits an unlawful act under paragraph (2) of subsection (a) of section 2. Those costs and attorneys’ fees shall be paid to the commonwealth. The attorney general shall not be required to pay any filing fee or other cost in connection with such action. (c) Any action based upon or arising under this chapter shall be instituted within 3 years after the date of the last alleged unlawful act. (d) A professional investor against whom an action is brought by the attorney general alleging an unlawful act under paragraph (2) of subsection (a) of section 2 and who can demonstrate that the professional investor has complied with the commission’s compliance guidelines, established in section 4, including a completed self-evaluation, as described in paragraph (3) of subsection (a) of section 4, within the previous 3 years, shall have an affirmative defense to liability under this section. A professional investor who has not fully complied with the commission’s compliance guidelines, established in section 4, but who has partially complied with such guidelines and can demonstrate reasonable progress toward full compliance with such guidelines, shall not be entitled to an affirmative defense, but may not be liable for punitive damages under this section. Section 4. The commission, in consultation with the attorney general and the secretary of state shall establish compliance guidelines to assist professional investors in complying with the requirements of this chapter. At a minimum, the guidelines shall advise professional investors to: (1) include a policy in the professional investor’s organizational charter that details how the professional investor will comply with the requirements of this chapter; (2) adopt clear procedures for the professional investor’s operations to ensure that the professional investor’s employees and agents comply with the requirements of this chapter; (3) complete a self-evaluation, at least once every 3 years, of the professional investor’s investment decisions in good faith, including an evaluation that demonstrates that the professional investor has made reasonable progress towards providing a greater share of the professional investor’s funding to historically disadvantaged members of protected classes and companies that historically disadvantaged members of protected classes direct, own or manage, provided, that the professional investor’s self-evaluation may be of the investor’s own design, so long as it is reasonable in detail and scope in light of the size of the professional investor’s financial assets; and (4) comply with the rules, regulations, and other guidance developed by the commission under subsection (c). (b) As needed, but not less than every 3 years, the commission, in consultation with the attorney general and the secretary of state, shall update the compliance guidelines required by this section. (c) The commission shall promulgate rules, regulations or other guidelines to implement this section. Such rules, regulations or other guidelines may include model templates for a professional investor to modify and adopt for its particular use. SECTION 3. Notwithstanding any general or special law to the contrary, the Massachusetts commission against discrimination, in consultation with the attorney general and the secretary of state, shall publish initial compliance guidelines, as required by section 4 of chapter 151G of the General Laws, not later than 1 year after the effective date of this act.

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An Act providing easier and greater access to record sealing

S979

SD1168

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-17T14:14:11.61'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-17T14:14:11.61'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:06:57.6533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:34:35.3966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:52:27.13'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-01T15:41:18.8033333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T10:40:15.8666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T16:21:55.4366667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-14T12:03:07.0033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:38:15.4233333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T12:52:18.7766667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T13:41:42.79'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T16:25:05.6266667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-20T09:36:24.1733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:46:39.6433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S979/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 979) of Cindy F. Friedman, Kelly W. Pease, Jason M. Lewis, Joanne M. Comerford and other members of the General Court for legislation to provide easier and greater access to record sealing. The Judiciary.

SECTION 1. Section 100A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “comply with the request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request, SECTION 2. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the third sentence the following sentences:- Notwithstanding this section or any other general or special law to the contrary, the commissioner shall seal records of criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the sealed records to the person or the person’s legal representative without said person or legal representative first obtaining a court order or having to unseal the record. SECTION 3. Section 100B of said chapter 276, as so appearing, is hereby amended by inserting after the words “comply with such request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request, SECTION 4. Said section 100B of said chapter 276, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- Notwithstanding this section or any general or special law to the contrary, the commissioner shall seal delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. SECTION 5. Said section 100B of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph:- The words “delinquent” and delinquency”, as used in section 100B, shall include any offense in the juvenile court whether or not the juvenile was charged as a youthful offender. The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the sealed records to the person or the person’s legal representative without said person or legal representative first obtaining a court order or having to unseal the record. SECTION 6. Said chapter 276, as so appearing, is hereby further amended by striking out section 100Q and inserting in place thereof the following section:- Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to sections 100A, 100B, or 100C or expunged pursuant to sections 100F, 100G, 100H, 100K or 100K¼, available for inspection in any form by any person. SECTION 7. Notwithstanding any general law or special law to the contrary, as soon as practicable, and not later than 6 months after the effective date of this act, the commissioner of probation shall seal records of: (i) criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100A of chapter 276 of the General Laws; and (ii) delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100B of chapter 276 of the General Laws. SECTION 8. This act shall take effect upon its passage.

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An Act concerning food insecurity and supporting the restaurant industry

S98

SD1261

{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:14:36.33'}

[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:14:36.33'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-01-23T14:45:57.5466667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-02T10:52:22.87'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S98/DocumentHistoryActions

Bill

By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 98) of Edward J. Kennedy, Rita A. Mendes and Ryan C. Fattman for legislation relative to food insecurity and supporting the restaurant industry. Children, Families and Persons with Disabilities.

Chapter 18 of the General Laws is hereby amended by inserting after Section 39 the following section:- Section 40. SNAP Restaurant Meals Program. (a) The Department of Transitional Assistance shall establish a Restaurant Meals Program as part of the federal Supplemental Nutrition Assistance Program (SNAP). Under the Restaurant Meals Program, households containing elderly or disabled members, and their spouses, as defined in 7 U.S.C. 2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP benefits at private establishments that contract with the Department to offer meals for eligible individuals at concessional prices subject to 7 U.S.C. 2018(h). (b) The Department of Transitional Assistance shall adopt any rules necessary to implement the provisions of this Section.

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An Act to provide critical community health services

S980

SD1472

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T13:37:15.09'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T13:37:15.09'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-03T10:44:23.6133333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-09T11:35:56.04'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:32:45.3333333'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T12:03:10.8966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T14:54:09.05'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T15:36:15.9066667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-15T10:25:33.92'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-20T10:07:37.04'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-03T09:10:21.77'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:15:18.0766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:46:49.3266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-06T17:23:49.2933333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-11T10:23:33.4433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T13:43:14.0666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S980/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 980) of Cindy F. Friedman, John J. Cronin, Hannah Kane, Joanne M. Comerford and other members of the General Court for legislation to provide critical community services. The Judiciary.

SECTION 1. Section 1 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the following definitions:- “Critical community health services”, health, behavioral health and social services that can be provided in a community setting and do not require continuous inpatient hospitalization. “Critical community health service treatment plan”, a plan defining a set of health, behavioral health or social services delivered to an individual. SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further amended by inserting after the definition of “Funds” the following definition:- “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a mental illness, is at substantial risk of inflicting serious harm to self or others, or is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions; and has shown an inability to provide for his or her basic physical needs, including medical and psychiatric treatment and shelter, because of the mental illness. SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further amended by inserting after the definition of “Superintendent” the following definition:- “Supervising mental health professional”, a mental health services provider who is required pursuant to such practice to obtain a license from the commonwealth or who, at the discretion of the court, is deemed suitable to supervise a critical community health service treatment plan. SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the following section:- Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the department of mental health, the superintendent of a medical facility or residence where the individual receives medical care, or the medical director of the Bridgewater state hospital, or the spouse, blood relative, legal relative, legal guardian or individual partner in a substantive dating relationship, shall be authorized to petition for an order of a critical community health service treatment plan in the district court in whose jurisdiction a facility is located that shall provide such services, for any individual who: (1) has a primary diagnosis of a serious mental illness; (2) is at least 18 years old; and (3) meets the following criteria: (i) is gravely disabled; (ii) has a history of lack of compliance with treatment for mental illness that, prior to the filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the previous 36 months, hospitalization or receipt of mental health services in a forensic or department of correction facility or house of corrections or the Bridgewater state hospital; or (B) the commission of one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others within the previous 36 months; (iii) is in need of, based on the individual’s treatment history and current behavior, critical community health services in order to prevent a relapse or deterioration that would likely result in serious harm to the individual or others; and (iv) is likely to benefit from critical community health services. The petition shall include a written critical community health service treatment plan prepared in consultation with, when possible, those familiar with the individual, the superintendent or physician in charge of the care of the individual or those familiar with the case history of the individual. The treatment plan shall include: (1) a statement of the requirements for supervision, medication, and assistance in obtaining basic necessities such as employment, food, clothing, and shelter; (2) if known, the address of the residence where the individual resides and the name of the person or persons in charge of the residence; (3) if known, the name and address of any person, agency, or organization assigned to supervise a critical community health service treatment plan or care for the individual; and (4) the conditions for continued receipt of critical community health services, which may require reporting, continuation of medication, submission to testing, or other reasonable conditions. (b) A petition for critical community health services may be filed along with, and as an alternative to, a petition for inpatient commitment under section 7. (c) A hearing shall be commenced within 4 days of the filing of the petition. The periods of time prescribed or allowed under the provisions of this section shall be computed pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for good cause shown. In granting adjournments, the court shall consider the need for further examination by a physician or the potential need to provide treatment expeditiously. (d) A court may not issue a critical community health service treatment plan unless it finds that providing critical community health services is the least restrictive alternative available to the person. (e) If, after the hearing, the court finds by clear and convincing evidence that the individual who is the subject of the petition meets the criteria for critical community health services included in subsection (a), the court may order the supervising mental health professional of an appropriate treatment program to supervise the plan for such services. Critical community health services shall not be ordered unless the court approves a written critical community health service treatment plan presented to the court which conforms to the requirements of this section and which contains the name of the designated director of the facility that will supervise and administer the service plan. (f) The first order for critical community health services shall not exceed 180 days, and any subsequent order shall not exceed 365 days. (g) Before an order for critical community health services can commence, the individual shall be provided with copies of the court order and full explanations of the approved service plan. The approved service plan shall be filed with the court and the supervising mental health professional in charge of the individual's service plan. (h) During any period in which an individual receives critical community health services, the individual or the supervising mental health professional may petition the court to amend the critical community health service treatment plan. The court may order an amended service plan or, if contested, the court may order a hearing on the amended plan. If an amended service plan is contested, the party wishing to amend the service plan shall provide the opposing party the proposed amended service plan at least 7 days before the filing of a petition. (i) A supervising mental health professional may petition the court for a hearing if the supervising mental health professional has determined that the individual is not complying with the critical community health service treatment plan. When a supervising mental health professional determines that the individual has not complied with any condition of the service plan, that monitor shall notify the court of the conditions of the treatment plan that have been violated. Upon receiving notice from the supervising mental health professional, the court shall appoint counsel, if necessary, and schedule a service plan non-compliance hearing for a date no less than 7 days and not more than 14 days after receiving said petition, except in extraordinary circumstances, as determined by the court. The court shall create a standard “notice of service plan non-compliance” form, which the monitor shall complete with the times and dates of the alleged non-compliance of the individual. The notice of service plan non-compliance shall set forth the conditions of the plan that the supervising mental health professional alleges have not been complied with and shall order the individual to appear at a specific date and time for the non-compliance hearing, and shall be delivered to all parties to the original proceeding under which the service plan order was issued. Service plan non-compliance hearings shall proceed in two distinct steps, the first to adjudicate the factual issue of whether the plan is being complied with and the second to determine the disposition of the matter, if plan non-compliance is found by the court to have occurred. If the court finds that the individual has not complied with one or more conditions of the service plan as alleged, the supervising mental health professional shall recommend to the court a course of immediate action and may present argument and evidence in support of that recommendation. If the court determines that the individual is not complying with the terms of the order, the court may amend the service plan as the court deems necessary. The amended order may alter the service plan, or the court may request, under the provisions of section 12 of this chapter, an emergency evaluation to determine whether the failure to hospitalize the individual would create a likelihood of serious harm. (j) The supervising mental health professional shall require periodic reports, not more frequently than every 30 days, concerning the condition of individuals receiving critical community health services from any person, agency, or organization assigned to treat such individuals. (k) The supervising mental health professional shall review the condition of an individual ordered to receive critical community services at least once every 30 days. (l) The supervising mental health professional may, at any time, petition the court for termination of an individual’s critical community health service plan if the supervising mental health professional determines that critical community health services are no longer the least restrictive appropriate treatment available. (m) Nothing in this section shall prevent the supervising mental health professional from authorizing involuntary commitment and treatment in cases of emergency under section 12 of this chapter. (n) The individual or their representative may petition for termination of an order for critical community health services. (o) All hearings under this section shall be conducted by a judge consistent with the requirements of this chapter and applicable law with such flexibility and informality as the court may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court, if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of proof at such hearing will be that of clear and convincing evidence. (p) Reasonable expense incurred in providing critical community health services may be paid for out of the estate of the individual, by the petitioner or by the commonwealth, as may be determined by the court. SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by inserting after the words “of section eight B.”, in line 39, the following words:- Any person may apply to the court stating their belief that an individual currently receiving critical community health services under section 8 1/2 should no longer be so treated.

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An Act relative to guilty but with a mental illness

S981

SD1694

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-19T15:13:02.55'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-19T15:13:02.55'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S981/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 981) of Cindy F. Friedman for legislation relative to guilty but with a mental illness. The Judiciary.

SECTION 1. Section 15 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting before the word “Whenever”, in line 1, the following words:- For the purposes of this section, “mental illness” shall mean a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, but shall not include intellectual or developmental disabilities, autism spectrum disorder, traumatic brain injury or psychiatric or behavioral disorders or symptoms due to another medical condition as provided in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association. SECTION 2. Said section 15 of said chapter 123, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following subsections:- (f) After a finding of guilty on a felony criminal charge that requires imprisonment, and prior to sentencing, the court may, upon a motion by the defendant and where warranted by the evidence, order a psychiatric or other clinical examination to be completed by a qualified physician or qualified psychologist designated by the department, to determine if the defendant should receive a finding of guilty but with a mental illness. Such period of observation or examination shall not exceed 40 days. After the period of observation, the examining physician or psychologist shall provide the court a report of their findings, which shall include whether the examining physician or psychologist diagnosed the defendant with a mental illness, as defined in this section, or confirmed a previous mental illness diagnosis. If the findings do not indicate that the defendant has a diagnosed mental illness, the court shall impose the sentence. If the findings indicate that the defendant has a diagnosed mental illness, the court shall hold a hearing on the issue of the defendant’s mental condition. The court shall find the defendant guilty but with a mental illness if the court finds by a preponderance of the evidence that the defendant has a mental illness. If a defendant is found guilty but with a mental illness, the court shall impose the same sentence as provided by law for a defendant found guilty of the same crime; provided however, if the sentence includes a term of imprisonment, the court shall order the defendant to serve the entirety of their imprisonment at a facility, as defined in section 1, or if the defendant is a male and the court determines that a secure facility is required, the defendant shall serve the sentence at Bridgewater State Hospital. Consistent with public safety and security, the defendant shall be held in the least restrictive setting that is clinically indicated and will not create a likelihood of serious harm, as defined in section 1. Any defendant confined to Bridgewater State Hospital shall be entitled to a hearing after a period of 12 months to determine if the defendant should be transferred to a facility, as defined in section 1. (g) In like manner to the proceedings under paragraphs (a), (b), (c), (e) and (f) of this section, a court may order a psychiatric or psychological examination or a period of observation for an alleged delinquent in a facility to aid the court in its disposition. Such period shall not exceed 40 days.

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An Act relative to treatment, not imprisonment

S982

SD1795

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-17T19:03:40.177'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-17T19:03:40.1766667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:24:46.9133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:52:18.41'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T11:36:53.87'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T17:26:48.9366667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:24:44.5566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:59:19.0066667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-26T09:33:17.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S982/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 982) of Cindy F. Friedman, Michael J. Barrett, Joanne M. Comerford, Sal N. DiDomenico and other members of the Senate for legislation relative to treatment, not imprisonment. The Judiciary.

SECTION 1. Section 87A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraphs:- Upon motion by a person who has been ordered to submit to drug or alcohol testing or to refrain from the use of alcohol or a controlled substance as a condition of probation, the court shall consider whether the person has an alcohol or substance use disorder and needs treatment. If the person attests to having or is determined to have an alcohol or substance use disorder, the person shall be ordered to engage in a treatment plan or protocol: (i) with a mental health clinic or alcohol or substance use disorder program licensed by the department of public health under chapters 17, 111, 111B, or 111E; (ii) with a behavioral, alcohol use disorder, substance use disorder, or mental health professional who is licensed under chapters 111J and 112 and accredited or certified to provide services consistent with law; (iii) with a primary care provider or mental health care provider prescribing medication for alcohol or substance use disorder; or (iv) that aligns with evidence-based practices described in the American Society of Addiction Medicine or the Substance Abuse and Mental Health Services Administration. If the person is engaged in such treatment plan or protocol, the court shall not modify such treatment plan or protocol or require the person to submit to additional drug or alcohol testing that is not required by the treatment plan or protocol. A positive drug or alcohol test or other indicator of relapse shall not be considered a violation of the conditions of probation if the person: (i) is engaged in a treatment plan or protocol; (ii) is making reasonable efforts to receive treatment; (iii) is switching treatment plans or protocols voluntarily or at the direction of a treatment provider; (iv) is discharged from a treatment plan or protocol and transitioning into new a treatment plan or protocol; or (v) has completed a treatment plan or protocol and remains in compliance with all other conditions of probation. If a person who has completed a treatment plan or protocol and remains subject to conditions of probation tests positive for drugs or alcohol or exhibits any other indicator of relapse, the person may again move the court to consider the person’s treatment needs and, if necessary, the court may order further treatment consistent with this section.

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An Act to strengthen justice and support for sex trade survivors

S983

SD2050

{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T12:02:48.47'}

[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T12:02:48.47'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-20T12:28:17.3633333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-30T11:19:53.22'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:25:02'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-01T16:05:40.85'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T10:39:59.0066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T13:35:57.58'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-15T14:38:38.4766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-27T14:03:04.62'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-04T15:30:19.8533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:01:11.9466667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-17T10:43:43.0666667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-06-13T17:40:22.5566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-15T19:55:06.27'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:46:44.5766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S983/DocumentHistoryActions

Bill

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 983) of Cindy F. Friedman, Lydia Edwards, Robyn K. Kennedy, Joanne M. Comerford and other members of the General Court for legislation to strengthen justice and support for sex trade survivors. The Judiciary.

SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the sixty-first definition the following definition:- Sixty-second, “prostituted person” shall mean any person who has been subjected to prostitution because such person: (i) is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex trafficking as defined in 22 U.S.C. 7105; (ii) engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272 as appearing in the 2020 Official Edition, or in exchange for food, shelter, clothing, education or care; (iii) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or (iv) engages in common night walking or common streetwalking under section 53 of chapter 272 as appearing in the 2020 Official Edition. SECTION 2. Section 55 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “section 50 or 51” and inserting in place thereof the following words:- “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”. SECTION 3. Said section 55 of said chapter 265 is hereby further amended by adding the following paragraph:- All monies used or intended to be used to facilitate any violation of section 8 or 53A of chapter 272 that are not provided as restitution to victims shall be transmitted monthly by the courts to the state treasurer who shall then allocate the funds to the Massachusetts Office for Victim Assistance who shall, in turn, allocate the funds to the Victims of Human Trafficking Trust Fund. SECTION 4. Section 56 of said chapter 265, as so appearing, is hereby amended by striking out, in lines 6, 8 to 9, 15, 19, 33 to 34, 43, 50 to 51, and 66, the words “section 50 or 51” and inserting in place thereof, in each instance, the following words:- “section 50 or 51 of this chapter or section 8 or 53A of chapter 272”. SECTION 5. Section 4A of chapter 272 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the word “prostitute” and inserting in place thereof the following words:- “prostituted person”. SECTION 6. Section 7 of said chapter 272, as so appearing, is hereby amended by striking out, in line 1, the word “prostitute” and inserting in place thereof the following words:- “prostituted person”. SECTION 7. Said chapter 272, as so appearing, is hereby further amended by striking out section 8 and inserting in place thereof the following section:- Section 8. Whoever solicits or receives compensation for soliciting for a prostituted person, except a prostituted person who is solicited, shall be punished by imprisonment in a house of correction for not more than 2 and one-half years, or by a fine of not less than $1,000 and not more than $5,000 or by both such imprisonment and fine. SECTION 8. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) Persons who with offensive and disorderly acts or language accost or annoy another person, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure, shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. SECTION 9. Section 53A of said chapter 272, as so appearing is hereby amended by striking out subsection (a). SECTION 10. Section 107 of said chapter 272, as so appearing, is hereby amended by striking out, in line 2, the words “subsection (b) and subsection (c) of”. SECTION 11. Section 100K of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsections:- (c) The court shall order an expungement pursuant to this section of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions for charges of common street walking, under subsection (a) of section 53 of chapter 272 as appearing in the 2020 Official Edition, and for charges of sexual conduct with another person in return for a fee under subsection (a) of section 53A of chapter 272 as appearing in the 2020 Official Edition. (d) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6. SECTION 12. Notwithstanding any general or special law to the contrary, there shall be a special commission to review and develop a set of recommendations to prevent, identify and respond to all forms of prostitution in the commonwealth. The special commission shall consist of 17 members: (i) the secretary of the executive office of health and human services or designee, who shall serve as a co-chair; (ii) the director of the Massachusetts office for victim assistance or designee, who shall serve as a co-chair; (iii) a representative of the office of the attorney general; (iv) a representative of the department of public health; (v) a representative of the department of housing and community development; (vi) a representative of the department of children and families; (vii) a representative of the department of mental health; (viii) a representative of the executive office of labor and workforce development; (ix) a representative of My Life My Choice; (x) a representative of Living in Freedom Together; (xi) a representative of the EVA Center; (xii) a representative from an organization focused on the needs of the LBGTQ+ community; (xiii) a representative from an organization dedicated to providing treatment to those with substance use disorder; (xiv) a representative of Boston Medical Center; (xv) a representative of the Massachusetts office of refugees and immigrants; (xvi) a representative from the committee for public counsel services; and (xvii) a victim witness advocate appointed by the Massachusetts office for victim assistance. The special commission shall publish a report, which shall include, but not be limited to: (i) a review of existing government and non-government services related to the prevention, identification and support of prostituted persons and the effectiveness of such services; (ii) recommendations to increase and provide assistance to prostituted persons, including, but not limited to, housing and re-location services, physical and behavioral health care, education and job training, legal assistance, and victim compensation; (iii) strategies and best practices for launching a statewide prevention and awareness campaign that uses evidence-based educational programs and techniques to help deter youth from the commercial sex trade; and (iv) recommendations to increase existing organizations’ capacity to deliver survivor-of-prostitution-led exit programming that provides continuity of support services for survivors. The special commission shall convene not later than 90 days after the effective date of this act and shall submit its findings and recommendations to the governor, the secretary of health and human services, the clerks of the senate and the house of representatives, the chairs of the joint committee on children, families and persons with disabilities and the chairs of the senate and house committees on ways and means not later than 18 months after the effective date of this act.

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An Act relative to the Gardner District Court

S984

SD38

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:25:07.737'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:25:07.7366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S984/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 984) of Anne M. Gobi for legislation relative to the Gardner District Court. The Judiciary.

SECTION 1. Section 1 of Chapter 218 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 308 through 309, the words "The district court at Winchendon, held at Winchendon; Winchendon, Ashburnham, Phillipston, Royalston and Templeton." SECTION 2. Section 1 of 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 282 through 283, the words "Gardner, Petersham, Hubbardston and Westminster" and inserting after the word "Gardner;" the following words:- Ashburnham, Gardner, Hubbardston, Petersham, Phillipston, Royalston, Templeton and Westminster.

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An Act relative to the expansion of the Good Samaritan law

S985

SD40

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:26:38.75'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:26:38.75'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S985/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 985) of Anne M. Gobi for legislation relative to the expansion of the Good Samaritan law. The Judiciary.

SECTION 1. Chapter 258C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 13 the following section:- Section 13A. Any person who, in good faith, attempts to render care and assistance while in transit in a private vehicle to a person who is in need of care, and does so without compensation for the care from or on behalf of the person cared for, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such care and assistance.

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An Act relative to hate crimes against police officers

S986

SD42

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:27:59.28'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:27:59.28'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T10:49:26.5166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S986/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 986) of Anne M. Gobi for legislation to include certain crimes against police officers as hate crimes. The Judiciary.

Section 32 of Chapter 22C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting in line 14, after the words sexual orientation prejudice; the following words:- or actual or perceived employment as a police officer.

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An Act establishing a commission to study judicial accountability in the Commonwealth

S987

SD68

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:36:09.607'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:36:09.6066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S987/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 987) of Anne M. Gobi for legislation to establish a commission to study judicial accountability in the Commonwealth. The Judiciary.

SECTION 1. Notwithstanding any special or general law to the contrary there shall be a special commission on judicial accountability to study the nomination, selection, appointment, and oversight of judges in the Commonwealth and to develop recommendations to improve accountability including reappointment standards. The special commission shall consist of: three members to be appointed by the governor; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader; the president of the Massachusetts Bar Association or their designee; the president of the Asian American Lawyers Association of Massachusetts or their designee; president of the Barnstable Bar Association or their designee; the president of the Berkshire County Bar Association or their designee; president of the Boston Bar Association or their designee; president of the Bristol County Bar Association or their designee; president of the Essex County Bar Association or their designee; the president of the Franklin County Bar Association or their designee; president of the Hampden County Bar Association or their designee; president of the Hampshire County Bar Association or their designee; president of the League of Women Voters or their designee; president of the Massachusetts Association of Hispanic Attorneys or their designee; president of the Massachusetts Association of Women Lawyers or their designee; president of the Massachusetts Black Lawyers Association or their designee; president of the Massachusetts Judges Conference or their designee; president of the Massachusetts LGBTQ Bar Association or their designee; president of the Middlesex Bar Association or their designee; president of the Norfolk County Bar Association or their designee; president of the Plymouth County Bar Association or their designee; president of the Suffolk County Bar Association or their designee; president of the Woman’s Bar Association or their designee; and the president of the Worcester County Bar Association or their designee. The commission shall elect from among its members a chair, a vice chair and any other officers it deems necessary. The members of the commission shall receive no compensation for their services, other than as may be already provided for due to their position outside the commission. The commission may receive such funds to carry out its mission as may be authorized and appropriated or donated from time to time. The commission may request from all state agencies such information and assistance as the commission may require, which shall be provided as promptly as is reasonably practicable. The commission may: (i) use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (ii) hold regular, public meetings and fact-finding hearings and other public forums as it may consider necessary. The commission shall convene its first meeting within one month of appointment and shall submit its first report of recommendations not later than December 1, 2024 to the clerks of the House of Representatives and the Senate who shall forward a copy of the report to the House and Senate chairs of the Joint Committee on the Judiciary.

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An Act relative to the expungement of non-convictions

S988

SD75

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:17:32.593'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:17:32.5933333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T10:11:09.4433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S988/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 988) of Anne M. Gobi and Brian M. Ashe for legislation relative to the expungement of non-convictions. The Judiciary.

Section 100K of Chapter 276 of the Massachusetts General Laws is hereby amended by including, after subsection (a) the following new subsection: (xx) Notwithstanding the requirements of section 100I and section 100J, a court may further order the expungement of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions if: (1) such court appearance resulted in the accused, by a final judgment, being found non-guilty of the charge or the charge is dismissed; (2) a charge in a criminal case has been nolled in the Superior Court and at least thirteen months have elapsed since such nolle; or (3) a charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter.

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An Act establishing the right of disposition

S989

SD99

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:12:49.977'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:12:49.9766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S989/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 989) of Anne M. Gobi for legislation to establish the right of disposition. The Judiciary.

SECTION 1. Title XVI of the General Laws is hereby amended by inserting after section 114 the following Chapter:- Chapter 114A: Right of Disposition Section 1. For purposes of this chapter the following words shall, unless the context clearly indicates otherwise, have the following meanings:- “Buyer”, the person entering into a Pre-Need Funeral Contract with a Licensed Funeral Establishment. “Estranged”, a physical or emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust and regard for the decedent. “Funeral Goods and/or Services”, those goods and services which are customarily provided in the business of embalming and funeral directing, as commonly practiced, as determined by the Department of Public Health. “Licensed Funeral Establishment”, a fixed place or establishment privately owned or maintained by a person, partnership, corporation, association, or other organization which has been duly registered by the Board pursuant to Section 83 of Chapter 112 and which is located, constructed, equipped and operated for the purpose of providing sanitary handling, preparation, disposition and care of dead human bodies. “Pre-need funeral contract”, any written agreement between a Buyer and a Licensed Funeral Establishment in which the Licensed Funeral Establishment agrees, prior to the death of an unnamed Beneficiary to furnish Funeral Goods and/or Services for that named Beneficiary upon their death and the Buyer, pursuant to that agreement, tenders funds made payable to a banking institution or insurance company to the Licensed Funeral Establishment for the purpose of paying all or part of the cost of those Funeral Goods and/or Services at the time they are actually provided. Section 2. A person by entering into a Pre-Need Funeral Service Contract or by providing instructions in a written and sworn affidavit as defined in Section 4, may direct the location, manner and conditions of disposition of the person’s remains, and the arrangements for funeral goods and/or services to be provided upon the person’s death. The instructions that are contained in a Pre-Need Funeral Services Contract shall not be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person who the decedent has appointed in the Pre-Need Funeral Services Contract as the person authorized to cancel or revise the terms of the Pre-Need Funeral Services Contract, or unless any resources set aside to fund the Pre-Need Funeral Services Contract are insufficient under the terms of the Pre-Need Funeral Services Contract to carry out the instructions contained therein. Section 3. Except as set forth in Section 5, the right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following in the order named, provided such person is 18 years or older: (a)(1) A Person designated by the decent as the person with the right to control the disposition in an affidavit executed in accordance with Section 4; or (2) a person designated in the Federal Record of Emergency Data Form DD3, or its successor form, to have the right of disposition by a member of the military who dies while under active duty orders as described in 10 U.S.C § 1481 (b) The surviving spouse (c)(1) The sole surviving child of the decedent; or (2) the majority of the surviving children; or (3) less than one-half of the surviving children if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children (d)(1) The surviving parents of the decedent; or (2) one of the surviving parents if all other reasonable efforts have been unsuccessful in locating the absent surviving parent (e)(1) The surviving sibling of the decedent; or (2) the majority of the surviving siblings; or (3) less than one-half of the surviving siblings if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings (f)(1) The surviving grandparent of the decedent; or (2) the majority of the surviving grandparents; or (3) less than one-half of the surviving grandparents if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents (g) The guardian of the decedent at the time of the decedent’s death, if one had been appointed (h) The personal representative of the estate of the decedent (i) The decedent’s next of kin in equal degree; but if there are 2 or more descendants of deceased ancestors in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote. Degrees of kindred shall be computed according to the rules of civil law. (j) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of the decedent’s remains (k) In the absence of any person under subsections (a) through (j) of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent’s remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under subsections (a) through (j) of this section Section 4. A person who is 18 years of age or older wishing to authorize another person to control the disposition of his or her remains may execute an affidavit before a notary public containing the following information: (1) The name and date of birth of the person releasing control of his or her remains (2) The name, address, and telephone number of the person being authorized to assume control of the remains (3) An affirmation by the authorized party that they are willing to carry forth the request Section 5. A person entitled under law to the right of disposition shall forfeit that right, which shall be passed on to the next qualifying party pursuant to Section 3 in the following circumstances: (a) Should they be charged with first or second degree murder or voluntary manslaughter in connection with the decedent’s death, and where their charges are known to the funeral director; provided, that if the charges against such person are dismissed, or if such person is acquitted of the charges, the right of disposition shall be returned to the party (b) Should they not execute their right of disposition within the earlier of (1) two days of notification of the death of decedent; or (2) three days of the decedent’s death (c) Should they be a legal spouse of the decedent who had a pending petition to dissolve the union at the time of the death (d) Should the probate court pursuant to Section 6 determine that the person entitled to the right of disposition and the decedent were estranged at the time of death Section 6. Notwithstanding Sections 1 through 5 of this Chapter, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent’s remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court’s determination under this section: (a) If the party holding the right of disposition is comprised of two or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent’s remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter. (b) In making a determination under this Section, the probate court shall consider the following: (1) The reasonableness and practicality of the proposed funeral arrangements and disposition (2) The degree of the personal relationship between the decedent and the party claiming the right of disposition (3) The desires of the party ready, willing, and able to pay the cost of the funeral arrangements and disposition (4) The desires of the decedent; and (5) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect (c) In the event of a dispute regarding the right of disposition, a funeral home is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for the final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this section, the funeral home may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. This section may not be construed to require or to impose a duty upon a funeral home to bring an action under this section. A funeral home and its employees may not be held criminally or civilly liable for choosing not to bring an action under this section. (d) Except to the degree to which it may be considered by the probate court under subsection (b) of Section 5 of this Chapter, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would have otherwise. Section 7. Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party’s authority to order such a disposition. A funeral home shall have the right to rely on such funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home reasonable believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements; provided that no other person in such class provides written notice of his or her objections to the funeral home. Section 8. No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.

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An Act creating a special commission to study the current refugee resettlement infrastructure and ensure the successful integration of refugees in Massachusetts

S99

SD663

{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-17T16:29:13.36'}

[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-17T16:29:13.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S99/DocumentHistoryActions

Bill

By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 99) of Robyn K. Kennedy for legislation to establish a special commission to study the current refugee resettlement infrastructure and ensure the successful integration of refugees in Massachusetts. Children, Families and Persons with Disabilities.

Chapter 6 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 208A the following section:- Section 208B: (a) Notwithstanding any general or special law to the contrary, there is hereby established a special commission to study and make recommendations concerning the infrastructure of refugee resettlement agencies in the Commonwealth, their breadth of services, where services are lacking, and how the Commonwealth can best work in conjunction with the federal government to rebuild and support an infrastructure of refugee resettlement agencies that promotes sustainable long-term integration. (b) The commission shall consist of no less than 19 members: The House and Senate Chairs of the Joint Committee on Children, Families and Persons with Disabilities, who shall serve as Co-Chairs, the Executive Director of the Office for Refugees and Immigrants or their designee, the Secretary of the Executive Office of Health and Human Services or their designee, the Commissioner of the Department of Transitional Assistance or their designee, the Undersecretary of the Department of Housing and Community Development or their designee, the Commissioner of the Department of Children and Families or their designee; 1 representative of the International Institute of New England; 1 representative of Ascentria Care Alliance; 1 representative of Jewish Family Service Metrowest; 2 additional representatives of refugee resettlement agencies within the Commonwealth; 1 individual of the Massachusetts Immigrant and Refugee Advocacy Coalition, 2 individuals with lived experience as refugees; 1 representative of an employer or labor union that directly employs refugees; 1 representative of a job training program that works directly with refugees; and 2 individuals with expertise in one or more of the following areas: public and affordable housing, federal immigration law and regulation, emergency management, the needs of forcibly displaced individuals. (c) The commission shall, at a minimum, investigate, collect data and make recommendations on: (1) the state of the existing reception and placement structure in Massachusetts, including but not limited to: (i) current efforts to resettle refugees, including efforts to assist refugees in obtaining adequate housing, healthcare, education, transfer of professional licensure and workforce development training; (ii) any failures or gaps in resources that exist in the current system of services for refugees and recently resettled individuals; (iii) where funds should be allocated to strengthen current systems or address gaps in services; (iv) any failures or gaps that exist due to the systematic dismantling of the federal refugee program over the previous 5 years; and (v) how the Commonwealth can support the rebuilding of a strong refugee resettlement structure; (2) the state of the current integration system in place for refugees in the Commonwealth, including but not limited to: (i) a study of the current integration pipeline and the systems in place to assist refugees from time of arrival through end of services; (ii) identification of gaps that exist in the current system including a study of any potential sudden and often unexpected decrease in public benefits that can occur with a small increase in earnings that exists in the structure as it stands currently; and (iii) public policy and funding structures that the Commonwealth should support to ensure the successful long-term integration of refugees into our society and workforce. (d) The commission may create committees and working groups to inform the commission’s investigation of the topics referenced in SECTION 1(c). The commission, its committees and its working groups may procure services, including consulting services, and otherwise involve experts, stakeholders, and members of the public. The commission shall be supported by staff from the Massachusetts office for refugees and immigrants. (e) Members of the commission shall be named and the commission shall commence its work within 60 days of the effective date of this act. The commission shall report to the general court and governor the results of its study, together with any draft legislation, regulations or administrative procedure necessary to better serve refugees resettling in the Commonwealth by filing the same with the clerks of the senate and the house of representatives and the director of the office of refugees and immigrants not more than 1 year after the effective date of this act.

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An Act to update proof of age documentation

S990

SD824

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T14:55:44.13'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T14:55:44.13'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:32:21.3566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S990/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 990) of Anne M. Gobi and Michael O. Moore for legislation to update proof of age documentation. The Judiciary.

SECTION 1. Section 33A of Chapter 207 of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by striking out Section 33A and inserting in place thereof the following section:- Section 33A. The clerk or registrar shall not issue a certificate under section 28 before receiving proof of age of the parties and verifying that both parties are not less than 18 years of age. Such proof shall be contained in any of the following documents, graded and taking precedence in the following order: (i) a passport issued by the United States of America; (ii) a driver’s license or identification card issued by any of the states of the United States of America, or, its territories, districts, or commonwealths; (iii) an original or certified copy of a record of birth; (iv) an original or certified copy of a baptismal record; (v) a life insurance policy; (vi) an employment certificate; (vii) a school record; (viii) an immigration record; (ix) a naturalization record; or (x) a court record. The clerk or registrar shall not accept documentary evidence of a lower grade unless the clerk or registrar is satisfied that evidence of a higher grade is not readily procurable.

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An Act concerning furnishing transcripts of notes and fees

S991

SD1220

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T12:09:35.793'}

[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T12:09:35.7933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-24T10:43:02.5566667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-01T10:10:39.8633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T11:47:42.3933333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T11:47:42.3933333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-06T14:48:26.86'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T09:35:26.18'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-24T10:29:03.6333333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-05-17T15:37:18.22'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-23T12:10:54.3133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-23T12:10:54.3133333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-17T14:42:35.95'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-09-26T13:06:23.49'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-26T13:06:23.49'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-09-26T13:06:23.49'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S991/DocumentHistoryActions

Bill

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 991) of Anne M. Gobi, Steven George Xiarhos, Jacob R. Oliveira, John J. Cronin and others for legislation to furnish transcripts of notes and fees. The Judiciary.

SECTION 1. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, the word “stenographer" and inserting in place thereof the word: “transcriber.” SECTION 2. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, “his” and inserting in place thereof the words: “their notes or audio recording.” SECTION 3. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 3, “he” and inserting in place thereof the word: “they.” SECTION 4. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, “$3” and inserting in place thereof the following: “$5.” SECTION 5. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, “$1” and inserting in place thereof the following: “$1.67.” SECTION 6. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 5, "additional." SECTION 7, Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 5, "at the same time." SECTION 8. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 6, the word “stenographer" and inserting in place thereof the word: “transcriber.” SECTION 9. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition is hereby amended by striking out, in line 7, “$5” and inserting in place thereof: “$8.35.” SECTION 10. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 9, “open source” and inserting in place thereof the word: “open-source.” SECTION 11. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 10, "Additional paper." SECTION 12. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 11, “$.10” and inserting in place thereof: “$.20” SECTION 13. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 12, “daily” and inserting in place thereof the following word: “rush.” SECTION 14. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 13, “$4.50” and inserting in place thereof: “$7.50.” SECTION 15. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 13, "copy" SECTION 16. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 13, “$1.50” and inserting in place thereof: “$2.50.” SECTION 17. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 14, the word "additional." SECTION 18. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 15, the word "stenographer" and inserting in place thereof the word "transcriber.” SECTION 19. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 16, “$5” and inserting in place thereof: “$8.35.” SECTION 20. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 17 "additional paper copies " SECTION 21. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding, in line 18, after "indigent person," and inserting "the rate shall be $7.50 for the original and $.20 per page for each copy." SECTION 22. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 19, “$.10” and inserting in place thereof: “$.20.” SECTION 23. Section 88 of chapter 221 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after paragraph one the following paragraph: Section 88a. Beginning on the first day of July 2028, and on the first day of each fifth July thereafter, the rates and fees set forth in section 88 shall be increased to reflect changes in the Consumer Price Index as follows: The rates and fees set forth in section 88 shall be multiplied by a fraction, the denominator of which shall be the Consumer Price Index for March 1993 and the numerator of which shall be the Consumer Price Index for the March immediately preceding the applicable July 1. For the purposes of this section, the Consumer Price Index shall mean that table in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, now known as: Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods, Boston-Cambridge-Newton, Ma.-N.H. (1982-84=100 unless otherwise noted) (not seasonally adjusted). If this Consumer Price Index shall be discontinued, then the presiding justice of the administrative office of the trial court shall designate any successor Consumer Price Index of the United States Bureau of Labor Statistics, or any successor agency thereto for Boston-Cambridge-Newton, Massachusetts-New Hampshire. The (1) office of transcription services or (2) the presiding justice of the administrative office of the trial court shall issue directives to implement the purposes of this section.

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An Act placing a moratorium on slaughterhouse infrastructure

S992

SD1339

{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T14:35:25.723'}

[{'Id': None, 'Name': 'Jill Woodworth', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T14:35:25.7233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S992/DocumentHistoryActions

Bill

By Ms. Gobi (by request), a petition (accompanied by bill, Senate, No. 992) of Jill Woodworth for legislation to place a moratorium on slaughterhouse infrastructure. The Judiciary.

SECTION 1. Chapter 164 of the General Laws as so appearing in the 2022 Official Edition is hereby amended by inserting after section 148 the following section-: Section 149. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Slaughterhouse” a facility where the slaughtering of meat from animals, including chickens, turkeys, pigs, cattle, ducks, sheep, and other animals, takes place and that has annual revenues of thirty thousand dollars or more. (b) Notwithstanding any other law and beginning January 1, 2024, slaughterhouses shall not commence nor expand operations. This section does not prohibit a person from completing construction of a slaughterhouse if the person had begun the construction, or expansion, before January 1, 2023. Any person that violates this chapter is civilly liable for a penalty in an amount not to exceed a sum of ten thousand dollars ($10,000) per violation per day. If, after examination of a complaint by the secretary or a member of the public and of the evidence, the Attorney General believes a violation of this chapter has occurred, the Attorney General shall bring an action for civil penalties or an injunction in the name of the people of this state in a court of competent jurisdiction against any person violating this chapter. If, acting upon the Attorney General’s own initiative, the Attorney General believes a violation of this chapter has occurred, the Attorney General may bring an action for civil penalties or an injunction in the name of the people of this state in a court of competent jurisdiction against any person violating this chapter.

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An Act updating bail procedures for justice-involved youth

S993

SD186

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:29:45.147'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:29:45.1466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:54:13.9733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T12:13:15.04'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S993/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 993) of Adam Gomez and Sal N. DiDomenico for legislation to update bail procedures for justice-involved youth. The Judiciary.

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

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An Act preventing unnecessary vacancies in foreclosed homes

S994

SD188

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:38:08.743'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-11T18:38:08.7433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S994/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 994) of Adam Gomez for legislation to prevent unnecessary vacancies in foreclosed homes. The Judiciary.

SECTION 1. Chapter 186A of the General Laws is hereby amended by striking out sections 1 and 2 in their entirety and inserting in place thereof the following:- Section 1. (a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Entity'', a business organization, or any other kind of organization including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship or any other category of organization and any employee, agent, servant or other representative of such entity. ''Eviction'', an action, without limitation, by a foreclosing owner of a housing accommodation which is intended to actually or constructively evict a tenant or otherwise compel a tenant to vacate such housing accommodation. “Fair Market Rent,” an amount equal to that established by the United States Department of Housing and Urban Development pursuant to 42 U.S.C. section 1437f(c), as it exists or may be amended, for a unit of comparable size in the area in which the property is located. ‘'Foreclosing owner'', an entity that holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either: (1) held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation or is the subsidiary, parent, trustee, or agent thereof; or (2) is an institutional mortgagee that acquires or holds title to the housing accommodation within 3 years of the filing of a foreclosure deed on the housing accommodation; or (3) is the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Federal Deposit Insurance Corporation. ''Foreclosure'', a legal proceeding to terminate a mortgagor's interest in property, instituted by the mortgagee, and regulated under chapter 244. “Foreclosure Sale Purchaser” or “purchaser”, either a foreclosing owner or a person or entity which purchases a housing accommodation from a foreclosing owner, not intending to reside or have a family member reside in such housing accommodation as the primary residence of such person or individual in control of such entity. ''Housing accommodation'', a building or structure, or part thereof or land appurtenant thereto, and any other real or personal property used, rented or offered for rent for living or dwelling purposes, together with all services connected with the use or occupancy of such property. ''Institutional mortgagee'', an entity or an entity which is the subsidiary, parent, trustee or agent thereof or otherwise related to such entity, that holds or owns mortgages or other security interests in 3 or more housing accommodations or that acts as a mortgage servicer of 3 or more mortgages of housing accommodations. ''Just cause'', 1 of the following: (1) the tenant has failed to pay the rent in effect prior to the foreclosure or, in the case of the former mortgagor and any household members, monthly rent payments in an amount agreed to by the mortgagor and purchaser or, in the absence of such agreement, a Fair Market Rent as long as the foreclosure sale purchaser notified the tenant in writing of the amount of rent, the agreed upon monthly rent payments or Fair Market Rent that was to be paid and to whom it was to be paid; (2) the tenant has materially violated an obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation within 30 days after having received written notice thereof from the foreclosing owner; (3) the tenant is committing a nuisance in the unit, is permitting a nuisance to exist in the unit, is causing substantial damage to the unit or is creating a substantial interference with the quiet enjoyment of other occupants; (4) the tenant is using or permitting the unit to be used for any illegal purpose; (5) the tenant who had a written bona fide lease or other rental agreement which terminated, on or after August 10, 2010, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this chapter; (6) the tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvement required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law or for the purpose of showing the unit to a prospective purchaser or mortgagee provided. Nothing in the section shall limit the rights of a third-party owner to evict a tenant at the expiration of an existing lease. ''Mortgagee'', an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement. ''Mortgage servicer'', an entity which administers or at any point administered the mortgage; provided, however that such administration shall include, but not be limited to, calculating principal and interest, collecting payments from the mortgagor, acting as escrow agent or foreclosing in the event of a default. “Tenant”, a person or group of persons who at the time of foreclosure is an occupant of such housing accommodation. A person who moves into the housing accommodation owned by the foreclosure sale purchaser, subsequent to the foreclosure sale, without the express written permission of the foreclosure sale purchaser shall not be considered a tenant under this chapter. ''Unit'' or ''residential unit'', the room or group of rooms within a housing accommodation which is used or intended for use as a residence by 1 household. Section 2. Notwithstanding any general or special law to the contrary, if a mortgage of real estate is foreclosed by a sale under a power contained therein, or otherwise, and a foreclosure sale purchaser has a valid title to such estate, that foreclosure sale purchaser shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosure sale purchaser. SECTION 2. Said chapter 186A of the General Laws, as appearing in the 2016 Official Edition, is hereby further amended in sections 3,4,5, and 6 by striking out each appearance of the words “foreclosing owner” and inserting in place thereof the following words:- foreclosure sale purchaser. SECTION 3. Section 3 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Within 30 days of the foreclosure, the foreclosure sale purchaser shall post in a prominent location in the building a written notice stating the names, addresses, telephone numbers and telephone contact information of the foreclosure sale purchaser, the building manager or other representative of the foreclosure sale purchaser responsible for the management of such building and stating the address to which the rent, or, in the case of the former mortgagor and any household members, the agreed upon monthly rent payments or Fair Market Rent shall be sent. SECTION 4. Section 4 of said chapter 186A of the General Laws, as so appearing, is hereby amended in subsection (a) by striking out clause (i) and inserting in place thereof the following clause:- (i) the tenant has failed to pay the rent in effect prior to the foreclosure or, in the case of the former mortgagor and any household members, the agreed upon monthly rent payments or Fair Market Rent, as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid; SECTION 5. Section 5 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- A bona fide lease between the foreclosed-upon owner and the lessee or proof of rental payment to the foreclosed-upon owner or a Fair Market Rent shall be presumed reasonable. SECTION 6. Section 6 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- A foreclosure sale purchaser that evicts a tenant in violation of this chapter or any ordinance or by-law adopted pursuant to this chapter, shall be punished by penalty of not less than $5,000 to be paid to the tenant upon order of the court. Each such illegal eviction shall constitute a separate offense. SECTION 7. Section 13 of said Chapter 186 of the General Laws, as so appearing, is hereby amended by inserting, in line 18, after the word “foreclosure” the following;- “shown to be valid.” SECTION 8. Section 6 of Chapter 239 of the General Laws, as so appearing is hereby amended by striking the first sentence and inserting in place thereof the following:- If the action is for the possession of land after foreclosure of a mortgage thereon by a sale under a power contained therein, or otherwise, and the person having a valid title to such estate, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day when the mortgage was foreclosed until possession of the land is obtained by the plaintiff.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect citizens of the Commonwealth involved in the mortgage foreclosure crisis, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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An Act to modernize the roles and responsibilities of the victim and witness assistance board

S995

SD223

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T14:07:45.94'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T14:07:45.94'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S995/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 995) of Adam Gomez for legislation to modernize the roles and responsibilities of the victim and witness assistance board. The Judiciary.

SECTION 1. Section 3 of chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the last paragraph beginning with the words “there shall be conspicuously posted” and inserting the following:- There shall be conspicuously posted in all courthouses and police stations a summary of the rights afforded under this section. To satisfy this requirement, the victim and witness assistance board, pursuant to section 4, shall provide information on the rights afforded to victims and witnesses to court officials and police chiefs. Information may be provided in printed or digital formats. The board shall provide information in the top five languages spoken at home, other than English, as provided by the most recent federal census data. SECTION 2. Section 4 of said chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the word “him” in the second paragraph and inserting the following word:- them SECTION 3. Said Section 4 of chapter 258B, as so appearing, is hereby further amended by striking the fourth paragraph and inserting the following paragraphs:- The board shall establish, adopt, and maintain bylaws relative to the operation of internal governance. In addition to the foregoing, the board shall: (a) fund and support services that are available to victims across the commonwealth (b) provide professional development and community education opportunities for Massachusetts victim services providers, victims, and allied professionals, including sharing information relative to the victim and witness rights and services established under this chapter (c) advocate for policy and legislative initiatives related to access and support for victims’ rights and services including but not limited to funding (d) assume the management and administration of the Garden of Peace, a public memorial garden located on the plaza of 100 Cambridge street in the city of Boston to honor victims of homicide, to receive gifts or grants of money or property to assist the board in the maintenance and operation of the memorial and to establish an advisory committee which shall consist of interested residents appointed by the victim witness assistance board to provide advice to the board. (e) administer the SAFEPLAN advocacy program SECTION 4. Section 6 of said chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the words “the board”.

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An Act to reform the hate crime statutes

S996

SD459

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-16T13:36:33.827'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-16T13:36:33.8266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S996/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 996) of Adam Gomez for legislation to reform the hate crime statutes. The Judiciary.

SECTION 1. Section 222 of chapter 6 of the General Laws, as amended by chapter 30 of the Acts of 2021, is hereby amended by inserting, in line XX, after the words “section 39 of chapter 265” the words:- (vi) identify and recommend best practices for hate crime prevention, restorative justice programs, culturally competent outreach and reporting mechanisms, and data collection for both adults and juveniles, including those that can be implemented by police, prosecutors, judges, school officials, state agencies, community groups and others; SECTION 2. Said section 222 of said chapter 6 is hereby further amended by striking, in line XX, the number “(vi)” and replacing it with:- (vii) SECTION 3. Chapter 22C of the General Laws as appearing in the 2020 Official Edition is hereby amended by striking section 33 and replacing it with the following section:- (a) The crime reporting unit shall quarterly obtain hate crime data from state, local, and campus police, and other law enforcement agencies as well as hate crime information and reports voluntarily produced by non law-enforcement entities such as community groups, advocacy groups, and civil rights agencies. All police departments and law enforcement agencies shall submit reports of hate crimes to the unit. (b) The colonel shall promulgate regulations to standardize and centralize the submission and collection of hate crime data. Said regulations shall include, but not be limited to, the following: (1) establishment of a central repository for the collection and analysis of hate crime data and, upon the establishment of such repository, the crime reporting unit shall be responsible for collecting, analyzing, classifying and reporting such data, and shall maintain this information in the central repository; (2) procedures necessary to ensure effective data-gathering and preservation and protection of confidential information, and the disclosure of information in accordance with section thirty-five; (3) procedures for the solicitation, submission and acceptance of hate crime incident reports and the information to be included in such reports by law enforcement agencies, which shall include, but not be limited to, the demographic information of the alleged offender(s), the perceived protected characteristic(s) for which the victim(s) was targeted, and the actual protected characteristic(s) of the victim(s), if provided by the victim(s); (4) procedures for assessing the credibility and accuracy of reports of hate crime data from law enforcement agencies; and (5) procedures for the collection of hate crime information and reports voluntarily produced by non law-enforcement entities such as community groups, advocacy groups, and civil rights agencies. SECTION 4. Section 34 of said chapter 22C, as so appearing, is hereby amended by inserting after the word “shall” in line XX, the following words:- quarterly and annually. SECTION 5. Chapter 265 of the General Laws is hereby amended by striking section 37. SECTION 6. Said chapter 265, as so appearing, is hereby further amended, by striking section 39 and replacing it with the following section:- Section 39. (a) For the purposes of this section, the following words shall have the following meanings: -- “Because of”, conduct would not have happened but for the actual or perceived protected characteristic(s), as defined in this section, of any person or group, regardless of the presence or absence of other motivating factors. The actual or perceived protected characteristic(s) need not be a substantial, predominant, or the sole reason for the conduct. “Bodily injury”, substantial impairment of the physical condition, including, but not limited to, any burn, fracture of any bone, subdural hematoma, injury to any internal organ, or injury which occurs as the result of harm to any bodily function or organ, including human skin. “Free exercise or enjoyment of any right or privilege secured by the constitution or laws of the Commonwealth or by the constitution or laws of the United States”, any recognized right protected by the Constitution or laws of Massachusetts or the United States, including those protected by statute, the common law, and regulations. A person need not be completely prevented from exercising a right for that right to have been infringed upon. “Harasses”, willfully and maliciously engages in a knowing pattern of conduct or a series of acts over a period of time, directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, and that conduct is not otherwise protected by law. Harassment includes, but is not limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, any device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. “Protected characteristic”, the race, color, religion, national origin, ethnicity, immigration status, sex, sexual orientation, gender, gender identity, gender expression, or disability, of any person or group. “Threatens”, threatening to commit a crime against the person or property of another, presently or in the future, whether the threat is delivered to the purported target of the threatened injury or to a third party. (b) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to them by the constitution or laws of the commonwealth or by the constitution or laws of the United States. Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both. (c) Whoever willfully threatens, harasses or assaults any other person because of the actual or perceived protected characteristic of any person or group, shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. (d) Whoever violates subsection (c) during the commission of a battery shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment in state prison for not more than five years, or by both such fine and imprisonment. (e) Whoever damages, converts, or takes and carries away real or personal property of another with the intent to intimidate, threaten or harass a person because of that person’s protected characteristic, shall be punished by a fine of not more than five thousand dollars or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. The court may also order restitution to the victim in any amount up to three times the value of property damage sustained by the owners of such property; provided, however if restitution is ordered under the provisions of this section such restitution shall be used to repair the damage done to the property. (f) Whoever violates subsection (c) or subsection (d) or subsection (e) while using a dangerous weapon shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by both such fine and imprisonment. (g) Whoever is convicted of a second or subsequent offense of violating subsection (d) while using a dangerous weapon and which results in bodily injury shall be punished by imprisonment in the state prison for no more than 20 years. (h) Whoever conspires with another person to violate any provision of this section shall be punished by imprisonment or fine, or both; provided, however punishment shall not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy. (i) An act done with specific intent to commit an offense under this section that amounts to more than mere preparation, even though failing to effect its commission, shall be an attempt to commit that offense and shall be punished by imprisonment or fine, or both; provided however, punishment shall not exceed the maximum punishment prescribed for the offense. (j) Where appropriate, actions arising out of subsections (c) through (i) inclusive, shall be eligible for community-based restorative justice program pursuant to chapter 276B, or for participation in a community-based restorative justice program as a term of probation or as otherwise ordered by the court. SECTION 7. Section 3 of chapter 276B is hereby amended by adding at the end thereof the following:- Notwithstanding the preceding, any person charged pursuant to section 39 of chapter 265 shall be eligible to participate in a community-based restorative justice program. SECTION 8. This act shall take effect upon passage.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to reform existing statutes pertaining to hate crimes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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An Act relative to Massachusetts state sovereignty

S997

SD506

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T09:36:46.603'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T09:36:46.6033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T15:43:35.76'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:30:57.8'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-24T11:47:10.6433333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-07T11:56:16.3166667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-08T13:17:46.8633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-26T09:25:02.94'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S997/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 997) of Adam Gomez, Joanne M. Comerford, Rebecca L. Rausch, Patricia D. Jehlen and other members of the Senate for legislation relative to Massachusetts state sovereignty. The Judiciary.

SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 5O the following new sections:- Section 5P. (a) As used in this section, the following words shall have the following meanings: “Agreement”, any contract, agreement, memorandum of understanding, or other arrangement to arrest, detain, or house any person for the purpose of civil immigration detention, including for the purpose of detention pursuant to Sections 1225, 1226, or 1231 of Title 8 of the United States Code; and any contract, agreement, memorandum of understanding, or other arrangement pursuant to Section 1357(g) of Title 8 of the United States Code. "Law enforcement agency”, an agency in the Commonwealth charged with enforcement of state and municipal laws or with managing custody of detained or incarcerated persons in the state, including but not limited to municipal police departments, sheriff's departments, campus police departments, the Department of Corrections, Massachusetts State Police, and the Department of Youth Services. (b) The Commonwealth and any law enforcement agencies, municipalities, or other subdivisions thereof shall not be authorized to enter into a new agreement, to extend, modify or renew an existing agreement, or to remain in an existing agreement longer than ninety days from the date on which this act takes effect. (c) The Attorney General may promulgate rules and regulations for purposes of implementing this section. (d) Nothing in this Section shall preclude an employee or representative of a law enforcement agency from otherwise executing that person’s professional duties in ensuring public safety, provided that they do not make, extend, modify, renew, or remain in an agreement in violation of this section. (e) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk county, at the Attorney General’s election. Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law. Section 5Q. (a) As used in this section, the following words shall have the following meanings: “Law enforcement agency”, the sheriffs and their offices and departments, and the police departments of municipalities and other subdivisions of the Commonwealth. “Agreement”, any contract, agreement, or memorandum of understanding to which the government of the United States is party, regardless of subject matter. “Deputization”, any deputization by the government of the United States or any other conferral of authority to act with the power of an officer or employee of the government of the United States, including pursuant to Sections 0.19(a)(3) and 0.112 of title 28 of the Code of Federal Regulations. (b) Prior to agreeing to or otherwise accepting any agreement or deputization, or authorizing any employee to agree to or otherwise accept any agreement or deputization, a law enforcement agency must seek and receive written authorization from the Governor or the Governor’s written designee. Such authorization shall be memorialized in writing and signed by the Governor or his or her designee, and a copy of the writing shall promptly be transmitted to the Executive Office of Public Safety and Security, which shall retain it for as long as the law may require, but in any event no less than six years after the date of execution or after the authorization expires, whichever is later. (c) The Executive Office of Public Safety and Security may promulgate rules and regulations for purposes of implementing this section. (d) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk county, at the Attorney General’s election. Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law. SECTION 2. This act shall take effect upon its passage.

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

S998

SD744

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T17:37:28.633'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T17:37:28.6333333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-14T14:22:09.49'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-28T14:19:57.82'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-08T12:26:20.4966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S998/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 998) of Adam Gomez, Patricia D. Jehlen and Lydia Edwards for legislation to remove collateral consequences and protect the presumption of innocence. The Judiciary.

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

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An Act relative to vacant receivership property

S999

SD1077

{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:27:30.927'}

[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T20:27:30.9266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T11:37:34.92'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-09T10:55:13.46'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:55:13.46'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:29:02.9766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:34:59.2566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-13T12:15:06.1333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/S999/DocumentHistoryActions

Bill

By Mr. Gomez, a petition (accompanied by bill, Senate, No. 999) of Adam Gomez, Joanne M. Comerford, John F. Keenan, Sal N. DiDomenico and other members of the Senate for legislation relative to vacant receivership property. The Judiciary.

Section 127I of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following at the end thereof:- Following appointment of a receiver for a vacant residential property, the court, upon motion by the receiver with notice to the owner, mortgagee, and all interested parties, may allow for the sale of the property to a nonprofit entity for fair market value in its then current condition. Any such sale shall be conditioned upon the court finding that the nonprofit entity will correct all outstanding state sanitary code violations and rehabilitate the property for affordable sale to a first-time homebuyer from a household whose income is not more than 120 per cent of median income as determined by the federal Department of Housing and Urban Development, and further that the nonprofit has the expertise and resources necessary to do so. Any such motion filed by the receiver under this section shall not be heard by the court for at least thirty days following the filing date, during which period the owner, mortgagee, and any other interest parties may join a motion for leave to correct all state sanitary code violations at the property. Upon finding that the owner, mortgagee, or other interested party has the intention and ability to correct the code violations, the court shall stay hearing on the receiver’s motion for a reasonable period of time to allow the owner, mortgagee, or other interested party to do so.

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