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					                     SIDE-BY-SIDE SUMMARY OF SB 2220 & HWM/Judiciary CORI Reform Redraft

                                            Prepared by the House Judiciary Committee


                Current Law                      §                        SB 2220                           §   HWM/Judiciary Redraft
G.L. c. 6 § 167 governs definitions          1       Section 1 of the proposed law would make a         2       same with drafting edits
applicable to §§ 167 and 168 to 178.                 technical correction to § 167 to now include §§
Section 167 of the current law only                  168 through 178L.
makes reference to §§ 168 through 178.
G.L. c. 6 § 167 of the current law           2   Sections 2 amends § 167 by adding the                  3       same with grammatical
provides definitions applicable to §§ 168        following definitions                                          edits
through 178                                        “All available criminal offender record
                                                      information” – meaning adult and
                                                      youthful offender convictions, non-
                                                      convictions and pending criminal court
                                                      appearances, but excluding criminal
                                                      records sealed under c. 94C § 34 of c. 276
                                                      §§ 100A to 100C, inclusive, or the existence
                                                      of such records,
                                                   “Board”- meaning the criminal record
                                                      review board established under § 168, and
                                                   “Commissioner” – meaning the
                                                      commissioner of the Massachusetts
                                                      department of criminal justice information
                                                      services.
G.L. c. 6 § 167 of the current law           N/A N/A                                                    4       Adds a definition for
provides definitions applicable to §§ 168                                                                       “Executive office” – the
through 178                                                                                                     executive office of public
                                                                                                                safety and security.
G.L. c. 6 § 167 of the current law           3       Sections 3 amends § 167 by adding the              5       same with grammatical
provides definitions applicable to §§ 168            following definition - “Department” – meaning              edits
through 178                                          the Massachusetts department of criminal
                                                     justice information services established under §


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                                            Prepared by the House Judiciary Committee



                                                 167A.
G.L. c. 6 § 167 of the current law           N/A N/A                                               6   Adds the definition for
provides definitions applicable to §§ 168                                                              “Person” a natural
through 178                                                                                            person, corporation,
                                                                                                       association, partnership
                                                                                                       or other legal entity.
G.L. c. 6 § 167 of the current law           4     Sections 4 amends § 167 by adding the           7   Removes the term
provides definitions applicable to §§ 168          following definitions: (1)                          "advocate" in the
through 178                                         “Requestor” – meaning an entity or                definition of "self-audit"
                                                       individual, other than a criminal justice
                                                       agency, submitting a CORI request to the        Adds a definition for the
                                                       department,                                     term “Secretary” the
                                                    “Self-audit” – meaning an inquiry made by         secretary of the executive
                                                       a subject or by the subject’s designated        office of public safety
                                                       advocate or agent to obtain a log of all        and security.
                                                       inquiries to the department by any
                                                       requestor for the subject’s CORI, but
                                                       excluding any information relative to any
                                                       query conducted by a criminal justice
                                                       agency, and
                                                    “Subject” – meaning an individual for
                                                       whom a CORI request is submitted.
N/A                                          5     Section 5 inserts a new section, § 167A, into   8       Adds to § 167A a
                                                   G.L. c. 6, which creates the Department of               third tier by placing
                                                   Criminal Justice Information Services                    the department
                                                   (department) within the executive office of              under the
                                                   public safety and security.                              supervision and
                                                                                                            control of a
                                                   The department is responsible for providing              commissioner.

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                     Prepared by the House Judiciary Committee



                            and controlling the instillation, operation and                  This section also
                            maintenance of data processing and                                provides the powers,
                            communication system (system), which                              duties and
                            includes the criminal justice information                         appointment
                            system. The system will be designed to work                       responsibilities
                            effectively and efficiently with public safety                    necessary to carry
                            information and connect with other systems in                     out the position.
                            this and other states as appropriate.                            Makes drafting
                                                                                              edits, inserts
                            A commissioner will be appointed by the                           subsection divisions
                            secretary of public safety and security and will                  and deletes the "save
                            be responsible for all data processing, the                       all" sentence at the
                            management of the system and all personnel                        end of the section.
                            supervision and appointment. The                                 Deletes the
                            commissioner may also provide access to the                       provision that
                            system to criminal justice agencies, promulgate                   authorizes the
                            rules and regulations, hear and investigate                       department to enter
                            complaints regarding misuse of the system,                        into contracts and
                            issue penalties and sanctions, or decide to refer                 agreement, accept
                            complaints to state or federal agencies.                          gifts, grants, etc (see
                                                                                              language in italics in
                            Also, this section authorizes the department to enter             S 2220 § 5).
                            into contracts and agreements, and accept gifts,
                            grants, contributions and funds from any
                            government, individual or entity in connection with
                            its work and deposit the funds with the state
                            treasurer.
N/A                   5A    Save all clause - Section 5A would replace any          §§    This section was deleted
                            references in the general or special laws to the        1,    and redrafted as
                            board or the executive director of the board            13-   individual name change
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               Prepared by the House Judiciary Committee



                      with the Massachusetts department of criminal   16,    sections were
                      justice information services or its             23,    appropriate.
                      commissioner. However, the board would          25,
                      keep its authority in c. 6 §§ 171, 172, 172A,   27,    Address various chapters
                      172C, 172E, 172G, 172H, 172I, 172J, 173, 175,   29-    and sections of the
                      176, 178A and c. 71 § 38R                       31,    General Laws, and
                                                                      37,
                                                                             replace references to the
                                                                      38,
                                                                      40,    criminal history systems
                                                                      42-    board and/or its director
                                                                      44,    with the department of
                                                                      47-    criminal justice
                                                                      51,    information services
                                                                      54-    and/or its
                                                                      59,
                                                                             commissioner.
                                                                      62-
                                                                      65,
                                                                      68,
                                                                      71-
                                                                      90,
                                                                      92-
                                                                      94,
                                                                      96,
                                                                      108,
                                                                      111,
                                                                      112,
                                                                      114,
                                                                      115,
                                                                      122

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                                            Prepared by the House Judiciary Committee



G.L. c. 6 § 168 governs the Criminal         6     Section 6 makes the following changes to § 168:    9       Removes the
history systems board; meetings;                   (1) adds an additional member to the board –                provision that
expenses; regulations; powers and                  the secretary of labor and workforce                        allows a successor
duties; executive director and other               development; (2) grants the governor with the               be appointed for a
employees; reports; funds. Under                   ability to appoint ten persons to the board, all            term of three years
current § 168, the board consists of the           of whom are the same as the current law, with               upon the expiration
following members (or designees) for a             the exception of a few new additions/changes                of term of an
term of 3 years: Secretary of public               (a) adds a provider of victim services, (b) adds            appointed member.
safety – chairman, Attorney general,               two individual who have experience in either
Chairperson of Massachusetts                       workforce development, ex-offender
sentencing commission, Chief counsel               rehabilitation or economic development, and
for committee of public counsel services,          (c) a reduction from four to two individuals
Chairman of parole board,                          with experience with the issue of personal
Commissioner of department of                      privacy.
correction, Commissioner of probation,
Commissioner of youth services,
Colonel of state police, Nine persons
appointed by the governor, one
representing each of the following:
Massachusetts District Attorneys
Association, Massachusetts Sheriffs
Association, Massachusetts Chiefs of
Police Association, someone who
represents private users of CORI, a
victim of a crime, and four who have
experience in issues relating to personal
privacy.
§ 168 provides the board with the            7     Section 7 would amend § 168 by increasing          10   Consolidates §§ 7, 8 and
authority to impose civil fines up to              amount the department can fine to up to                 9 of SB 2220.

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                                           Prepared by the House Judiciary Committee



$500 for each willful violation of its rules      $5,000.
and regulations after notice and a
hearing
§ 168 provides the board with the            8    Section 8 would reduce the mental state from             See section above
authority to impose civil fines up to             “willful” to “knowing.”
$500 for each willful violation of its rules
and regulations
N/A                                          9    This section adds a provision to § 168                   See section above
                                                  prohibiting the board from issuing any orders,
                                                  sanctions or fines against a law enforcement
                                                  officer, acting in good faith, who obtains, seeks
                                                  to obtain, or communicates a CORI in
                                                  furtherance of his/her official duties.
Currently, paragraph four of § 168          10    Section 10 of this law would delete both            11   Same
authorizes the board to exercise control          paragraphs four and six in their entirety
over the installation, operation and
maintenance of the criminal offender
record information system. The system
is designed to ensure effective and
efficient collection, exchange and
dissemination and distribution of
criminal offender record information as
may be needed for criminal justice
agencies, and to connect with other
systems in this and other states. The
secretary of public safety appoints an
executive director, who is responsible
for the management of the criminal
offender record information system,

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                                             Prepared by the House Judiciary Committee



supervising and appointing personnel
and other duties outlined in paragraph
four. The board, however, retains some
employee appointment powers.
Paragraph six of § 168 authorizes the
board to enter into contracts and
agreements, and accept gifts, grants,
contributions, and funds from any
government, individual or entity in
connection with its work and deposit
the funds with the state treasurer.
Currently, § 168 delineates the board         11    Section 11 strikes out § 168, and replaces it with   12   This draft does include
membership, meeting requirements,                   a new redrafted of § 168.                                 the “knowing” mental
expenses, regulations, powers and                                                                             state reduction as well as
duties, executive director (see Section 10             Paragraph one provides the board’s                    the exception for law
supra), reports and funds.                              membership similar to section 6 above, but            enforcement officers
                                                        with the most significant difference being            acting in good faith.
                                                        the governor will be allowed to appoint
                                                        only five persons.                                    Additionally, specifies
                                                       Paragraph two provides the meeting                    that the complaint filing
                                                        provisions – one annual meeting, requiring            fee is to be established by
                                                        notice to all members. Special meetings               the secretary of public
                                                        may be called by a majority of the board at           safety and security.
                                                        any time upon written application of nine
                                                        or more members. Also, members shall not
                                                        receive any compensation, except for
                                                        incurred expenses.
                                                       Paragraph three authorizes the board to
                                                        hear complaints and investigate incidents

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                          alleging: (1) an individual or agency has
                          made or received a CORI request and failed
                          to provide the subject with the CORI prior
                          to questioning the subject about his/her
                          criminal history in connection with a
                          decision regarding employment, volunteer
                          opportunities, housing or professional
                          licensing, OR in connection with an adverse
                          decision on such an application on the basis
                          of the CORI, (2) any violations c. 6 §§ 168 to
                          178A, or (3) any violations of board rules
                          and regulations. Also, the board may
                          charge and collect a fee for filing a
                          complaint, which may be waived upon a
                          finding of indigency. Additionally, this
                          section provides guidelines for
                          declarations, filing of answers, witness
                          testimony, discovery, and hearing rules and
                          procedures. Furthermore, the provisions
                          stated in sections 7 and 9 supra are also
                          included here. (Please note: Section 8
                          supra is not included in this paragraph).
                         Paragraph four requires the board to make
                          an annual report of the volume and
                          disposition of complaints, without
                          identifying information, to the governor
                          and file a copy with the secretary of state,
                          attorney general, clerk of the House of
                          Representatives and clerk of the Senate.

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                                                     Additionally, a copy will be made available
                                                     to the public upon request.

G.L. c. 6 § 171 governs Regulations         12    This section would amend § 171 by deleting         17   Same with drafting edits
generally; continuing education                   this provision
programs; evaluative information.
Currently under § 171, the board is
responsible for authorizing the purging
CORI, when purging is required by
statute or administrative regulations,
and correcting the errors contained in
CORI.
Section § 171 currently states that an      13    Section 13 amends § 171 by deleting the            18   Same with drafting edits
individual who is denied access to                appellate process in its entirety.
evaluative information may appeal the
denial to the board or a three member
panel of the board in writing. This
section further delineates the appellate
procedure.
N/A                                         14    Section 14 introduces a new section, § 171A,       19    Adds a requirement that
                                                  which requires in decisions involving (1)               the requestor provide the
                                                  employment, (2) volunteer opportunities, (3)            CORI received from the
                                                  housing, or (4) professional licensure, a person        department to the subject
                                                  in possession of an applicant’s CORI must               and other drafting edits
                                                  provide the applicant with a copy of the CORI,
                                                  regardless of the source (i.e. from the
                                                  department or other source), in two situations:
                                                  (1) prior to questioning the applicant about the
                                                  applicant’s criminal history, and (2) if the

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                                           Prepared by the House Judiciary Committee



                                                  person makes an adverse decision based on the
                                                  applicant’s criminal history record.

                                                  However, the person does not have to provide
                                                  a copy IF the information in the CORI is being
                                                  used a second time. Failure to comply with
                                                  this section may subject the person to a hearing
                                                  before the board and sanctions.

                                                  Also, this section shall not be used to prohibit a
                                                  person from making an adverse decision based
                                                  on an individual’s criminal history or to
                                                  provide or permit a claim of unlawful practice
                                                  under c. 151B or an independent cause of
                                                  action in a court of civil jurisdiction for a claim
                                                  arising out of an adverse decision based on
                                                  criminal history, except as provided under c.
                                                  151B.

                                                  Furthermore, this section requires a person
                                                  who conducts five or more criminal
                                                  background checks to create and maintain a
                                                  written CORI policy. This policy shall state
                                                  that it will: (1) notify the individual of potential
                                                  adverse decision based on the CORI, (2)
                                                  provide a copy of the CORI to the individual,
                                                  and (3) provide information on how to correct
                                                  an erroneous CORI.
G.L. c. 6 § 172 governs Dissemination of    15    Section 15 would include the importance and            20   Same

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                                            Prepared by the House Judiciary Committee



record information; certification;                 value of successful reintegration of ex-
eligibility for access; scope of inquiry;          offenders in the above balancing test – public
listing; access limited; rules; use of             interest v. privacy, security and reintegration of
information. Currently, the law                    ex-offenders.
authorizes the dissemination of CORI
when the public interest in providing
the information to the interested parties
clearly outweighs privacy and security.
However, the board must make this
determination by a two-third majority
vote of the members present and voting.
The current version of § 172 authorizes      16    Section 16 redrafts § 172 and creates a new          21    Subsection (a) –
the dissemination of CORI, either                  CORI database.                                            requestors can no longer
directly or through an intermediary, and                                                                     seek CORI through an
with certain restrictions, to:                     Subsection (a) requires the department to                 “agent”, but rather
1. Criminal justice agencies,                      maintain CORI in an electronic database,                  through a “legally
2. Other agencies and individuals                  accessible on the world wide web. The                     designated
     authorized by statute, including the          database must be configured in such a way to              representative”
     US Armed forces, to determine                 allow for the exchange of CORI with other
     whether the individual has any                states and federal agencies, such as the FBI,             Subsection (g) - renamed
     felony convictions,                           Immigration and Customs Enforcement.                      from SB2220 subsection
3. Any other agencies or individuals if            Additionally, access and scope of access will be          (e) - removes the
     dissemination to the public interest          limited as follows:                                       provision that provides
     in providing the information to the           1. Criminal justice agencies – all CORI,                  that a self-audit may be
     interested parties clearly outweighs              including access to sealed records                    made at no cost once
     privacy and security. However, the            2. Licensing authorities - all CORI, including            every 90 days, and each
     board must make this determination                access to sealed records for firearm                  additional self-audit may
     by a two-third majority vote of the               licensing purposes                                    be at a fee imposed by
     members present and voting and                3. Criminal record review board - all CORI,               the commissioner.

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                                            Prepared by the House Judiciary Committee



    information provided may not                      including access to sealed records
    exceed two years.                              4. Requestors authorized/required by law –         All other subsections are
Prior to granting a CORI request, the                 extent applicable by said law                   also renumbered.
board must certify the requestors                  5. Requestors (or agents) evaluating
seeking the CORI for numbers 1 and 2                  applications for (1) employment (full-time,     This version of the bill
above, define the scope of access and                 part-time or contract) (2) volunteer position   also deletes the
make a finding of eligibility in writing.             (3) housing (rental or leasing) (4)             following:
Each agency who receives a CORI must                  professional licensure by state/municipal       A requirement in
keep a list of agencies or individuals it             agency. However, the information                decisions involving (1)
has released the information to for a                 provided is further limited as follows –        employment, (2)
period determined by the board.                       felony convictions (which include 209A          volunteer opportunities,
                                                      actions under this section) for ten years       (3) housing, or (4)
Section 172 also provides the necessary               and misdemeanors for five years, both           professional licensure, a
information required to approve a                     including any period of incarceration or        person in possession of
CORI, such as fingerprints, name and                  custody and any pending criminal                an applicant’s CORI
other personal information. The board                 charges.                                        must provide the
must adopt rules to prevent                        6. General public upon written request and in      applicant with a copy of
dissemination based on offenses, unless               accordance with department regulations –        the CORI, regardless of
the request is made by a criminal justice             limited to (1) convictions for felony           the source (i.e. from the
agency. Additionally, except as                       punishable by imprisonment by five or           department or other
authorized, it is unlawful to request or              more years, (2) information about an            source), in two situations:
require a person to provide a copy of                 individual convicted of any crime and           (1) prior to questioning
his/her own CORI.                                     sentenced to any term of imprisonment,          the applicant about the
                                                      and at the time the request was made, is        applicant’s criminal
The following information is currently                either on probation, incarcerated or on         history, and (2) if the
available in an individual’s CORI under               parole, (3) felony convictions for two years    person makes an adverse
§ 172 to any person upon request:                     following disposition, including any period     decision based on the
 Conviction data, if the request is                  of incarceration or custody, and (4)            applicant’s criminal
    made to the board and pursuant to a               misdemeanor convictions for one year            history record. However,
                                                      following disposition, including any period
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    maintained and standardized                       of incarceration or custody.                      the person does not have
    format,                                        7. Individuals (or their advocate/agent)             to provide a copy IF the
   Custody and placement information,                seeking all of their own CORI under § 175.        information in the CORI
    with some enumerated exceptions,               8. Commissioner has the discretion to provide        is being used a second
   Additionally, the parole board,                   access and determine the scope of access to       time. Failure to comply
    department of correction, county of               CORI if the commissioner finds access             with this section may
    correctional authority or a probation             serves public interest. Commissioner must         subject the person to a
    officer, with court approval, may                 make an annual report of these grants to          hearing before the board
    reference a CORI in its summary                   the governor, and file copy with secretary        and sanctions.
    when making its decision whether to               of state, attorney general, clerk of the House    Additionally, it is
    release or change an individual’s                 of Representatives and clerk of the Senate        unlawful and punishable
    custody status.                                   and make a copy available to the public           by § 178 to request or
                                                      upon request.                                     require a person to
Specifically, CORI shall contain the               9. Department must configure the database to         provide his/her own
above information if the individual is:               allow for the exchange, dissemination,            CORI.
 Convicted of a crime punishable by                  distribution and direct connection of the
   imprisonment for a term of five                    CORI system with other criminal record            This version also
   years or more,                                     systems in other states and federal agencies,     provides an enumerated
 Convicted of any crime and                          as well as use fingerprint or iris scanning or    list of agencies,
   sentenced to a term of imprisonment                similar databases                                 departments,
   AND at the time of the request, is                                                                   commissions, etc who are
   either (1) serving a sentence of                Subsection (b) states that convictions for           authorized to access
   probation or incarceration, or (2) is           murder, voluntary manslaughter, involuntary          CORI and for what
   under the custody of the parole                 manslaughter and sex offenses (under c. 6 §          purposes. They are as
   board,                                          178C) punishable by incarceration in state           follows: housing
 Convicted of a misdemeanor,                      prison will remain permanently in the database       authorities, dept. of
   released from all custody or                    and available to those listed in subsection (a)      children and families,
   supervision for not more than one               numbers 1-5 (please note that the numbers in SB      dept. of youth services,
   year,                                           2220 differ from those this summary, which is more   person providing

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   Convicted of a felony, released from           comprehensive) unless the conviction is sealed       services in home or
    all custody or supervision for not             under c. 276 § 100A.                                 community based setting
    more than two years,                                                                                for elderly or disabled
   Sentenced to the custody of the                Subsection (c) establishes that the departments      person, IV-D agency,
    department of correction,                      must set forth the information required to           long-term care facility,
    discharged, either denied release on           query the database. The information must             dept. of early education
    parole or returned to penal custody            include the subject’s name, date of birth and        and care, operators of
    for violation of parole, for not more          last four digits of social security number, unless   camps for children, entity
    than three years.                              the requestor is a member of the general public.     or organization that
                                                   For requests under subsection (a) numbers 4          provides
Lastly, § 172 prohibits the unauthorized           and 5, the requestor must make certain               activities/programs for
dissemination and use of CORI, and                 certifications under the penalties of perjury,       children 18 yrs of age or
provides several enumerated documents              including verification of the subject’s identity.    younger, school
as examples of public records.                     Requestors must maintain acknowledgment              committees or
                                                   forms for one year, subject to audit by the          superintendents,
                                                   department.                                          commissioner of banks,
                                                                                                        crime victim, witness or
                                                   This subsection also requires in decisions           family member of
                                                   involving (1) employment, (2) volunteer              homicide victim, motor
                                                   opportunities, (3) housing, or (4) professional      vehicle insurance merit
                                                   licensure, a person in possession of an              rating board, district
                                                   applicant’s CORI must provide the applicant          attorney, Massachusetts
                                                   with a copy of the CORI, regardless of the           port authority, dept. of
                                                   source (i.e. from the department or other            social services, state
                                                   source), in two situations: (1) prior to             racing commission, a
                                                   questioning the applicant about the applicant’s      court, office of jury
                                                   criminal history, and (2) if the person makes an     commissioner, clerk of
                                                   adverse decision based on the applicant’s            court, assistant clerk of
                                                   criminal history record. However, the person         court and the pension

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                      does not have to provide a copy IF the               fraud unit within the
                      information in the CORI is being used a second       public employee
                      time. Failure to comply with this section may        retirement
                      subject the person to a hearing before the board     administration
                      and sanctions. Additionally, it is unlawful and      commission.
                      punishable by § 178 to request or require a
                      person to provide his/her own CORI.

                      Lastly, subsection (c) exempts from liability: (1)
                      persons or employers relying on volunteers for
                      negligent hiring based solely on the CORI
                      received from the department and no further
                      background checks with express limitations, (2)
                      employers for discriminatory employment
                      practices based on an incorrect CORI with
                      express limitations, and (3) the board and
                      department from any civil or criminal actions
                      for any CORI or self-audit log disseminated by
                      the board, including any information that is
                      false, inaccurate or incorrect because it was
                      erroneously entered by the court or office of the
                      commissioner of probation.

                      Subsection (d) limits who requestors may
                      disseminate CORI to and must maintain a log,
                      subject to audit, for one year to keep track of
                      disseminations. This subsection provides what
                      information must be included in the log.
                      Further, unless otherwise provided, no CORI

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                      obtained from the department can be kept, in
                      any form, after seven years from the last date of
                      employment, volunteer service or residency, or
                      from the date of the final decision of the
                      requestor regarding the subject.

                      Subsection (e) requires the department to
                      maintain a log, not subject to public record, of
                      all queries and record the name of the
                      requestor, the subject, date of query and
                      certified purpose of the query. A self-audit
                      may be made at no cost once every 90 days,
                      and each additional self-audit may be at a fee
                      imposed by the commissioner. If funding and
                      technology allows, the department shall
                      establish a way to notify a subject whenever a
                      query is made of his/her CORI.

                      Subsection (f) makes the following exemptions
                      for the motor vehicle insurance merit rating
                      board, authorizing expanded dissemination of
                      CORI: (1) convictions of automobile law
                      violations under c. 90C § 1, (2) operating a
                      motor vehicle while under the influence of
                      intoxicating liquor resulting in assignment of a
                      driver alcohol program as described in c. 90 §
                      24D, (3) to an insurance company doing motor
                      vehicle insurance business within the
                      commonwealth, or (4) to such insurance

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                      company’s agents, independent contractors or
                      policyholders to be used exclusively for motor
                      vehicle insurance purposes.

                      Subsection (g) provides custody and placement
                      information is available to everyone, upon
                      request, with some enumerated exceptions.

                      Subsection (h) permits the parole board,
                      department of correction, county of
                      correctional authority or a probation officer
                      with court approval to make references to a
                      CORI in its summary when making its decision
                      whether to release or change an individual’s
                      custody status.

                      Subsection (i) provides that if a member of the
                      public is afraid of an offender, he/she may
                      receive advance notice of the offender’s release
                      from the department upon written verified
                      request.

                      Subsection (j) provides that any individual or
                      agency that receives or obtains CORI from any
                      source in violation of §§ 168 through 175 shall
                      not collect, store, disseminate, or use the CORI
                      in any manner or for any purpose.

                      Subsection (k) states that the following

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                                                   documents are public records (subject to c.
                                                   66A):
                                                    Police daily logs, arrest registers, or other
                                                      similar records compiled chronologically;
                                                    Chronologically maintained court records
                                                      of public judicial proceedings;
                                                    Published records of public court or
                                                      administrative proceedings, and of public
                                                      judicial administrative or legislative
                                                      proceedings; and
                                                    Decisions of the parole board as provided
                                                      in c. 127 § 130.

                                                   Subsection (l) authorizes the commission, upon
                                                   the advice of the board, to promulgate rules
                                                   and regulations to carry out § 172.

G.L. c. 6 § 172A governs Fees; request       17    Section 17 would replace § 172A in its entirety,   22   This draft only includes
for information. Currently under §                 and grant the authority of CORI fee                     the first paragraph of the
172A, the board charges $30 per CORI               assessments and self-audit fees with the                redraft. Thus it does not
request, unless the requestor is the                                                                       include a provision for a
                                                   commissioner, subject to a structure outlined
victim, witness or family member of a                                                                      retention of fees for listed
homicide victim, a government agency               by the secretary of public safety. Fee                  activities.
or other persons the board decides to              exemptions would remain for crime victims,
exempt. Additionally, the board                    witnesses or family members of a homicide               This draft requires all
charges an additional $5 for certified             victims and government entities. Additionally,          fees shall be deposited
agencies that provide services to certain          the commissioner can waive the fee or a                 into a Criminal Justice
listed individuals, unless exempted by             portion of the fee for persons provided in the          Information Services
the board, and $25 for individuals                                                                         Fund.
                                                   department’s rules and regulations. Further,
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seeking their own CORI, unless found          the department may enter into contracts and
indigent under c. 261 § 27A.                  agreements for reduced or bulk fees for
                                              requestors who make extensive use of the
                                              database.

                                              The new draft of § 172A also authorizes the
                                              department, subject to appropriation, to retain
                                              a portion of the fees to:

                                                 Assist ex-offenders in obtaining and
                                                  maintaining employment (e.g. workforce
                                                  development training and other applicable
                                                  training programs),
                                               Training and auditing requestors described
                                                  in § 172 subsection (a),
                                               Providing education and assistance
                                                  regarding the correction of criminal records
                                                  (e.g. training judges, providing the
                                                  necessary information to employers and
                                                  other applicable person in possession of an
                                                  applicant’s CORI), and
                                               Operate and maintain the public safety
                                                  information system and the criminal
                                                  records review board.
N/A                                     17A   Section 17A inserts a new section, § 172B ½,       N/A N/A
                                              that authorizes municipalities by local
                                              ordinance: (1) to require applicants for
                                              specified occupations to submit fingerprints to

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                                                   the state police for state criminal records check
                                                   and to the FBI for national criminal records
                                                   check, and (2) establish an appropriate fee for
                                                   administering a fingerprinting system, $30 of
                                                   which shall be deposited into the Firearms
                                                   Fingerprinting Identity Verification Trust Fund
                                                   (pursuant to c. 29 §2LLL).


G.L. c. 6 § 172E governs the                 18    Section 18 redrafts § 172E and makes the             24   This version of the bill
Dissemination of criminal offender                 following changes to the current law: (1) adds            redrafts § 172 and
information to long term care facilities.          assisted living residences (defined in c. 19D § 1)        authorizes long-term care
                                                                                                             facilities, assisted living
Currently, § 172E provides, subject to §           and any continuing care facility (defined in c.
                                                                                                             residences, and
172, CORI shall be made available to               40D §*) to facilities that can request CORI, (2)          continuing care facilities
any long term care facility (defined               expands who the facilities can obtain the CORI            access to CORI for
under c. 111 § 72W) in order to obtain             of, to also include volunteers or providers of            evaluation employees,
criminal offender record information on            care, treatment, education, training,                     volunteers or providers
(1) applicants in final consideration for          transportation, delivery of meals, instruction,           of care, treatment,
employment, or (2) current employees               counseling, supervision, recreation, other                education, training,
                                                                                                             transportation, delivery
in positions that involve direct personal          services for an elderly or disabled person or
                                                                                                             of meals, instruction,
care or treatment to residents. A long             persons who will have any direct or indirect              counseling, supervision,
term facility care facility may, however,          contact with elderly or disabled persons or               recreation, other services.
employ an individual on a conditional              access to such persons’ personal information,             These facilities are
basis for a position that involves direct          and (3) the criminal record review board is               prohibited from
personal care or treatment while                   given the authority to reduce or waive fees               disseminating the
awaiting the individual’s CORI and will                                                                      information other than to
                                                                                                             protect the elderly or
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not be liable for civil damages for any              pursuant to § 172A.                                  disabled. However,
reason to the individual by reason of                                                                     dissemination between
                                                     * left blank – should state “§ 1”.                   facilities is permitted.
information received as a result of the
CORI check.

A long term facility care facility is
prohibited from disseminating the
information obtained for any purpose
but to protect the elderly and disabled,
and may not disseminate the
information, including to other facilities.

The board may waive or reduce CORI
fees pursuant to § 172A, and the
division of medical assistance,
notwithstanding provisions of any
general or special law to the contrary
and subject to appropriation, shall
reimburse long term care facilities for
the costs of obtaining CORI on
employees.


G.L. c. 6 §172E authorizes a long term           19 Section 19, now expanded to cover the facilities   N/A N/A
care facility to employ an individual on            stated in Section 18 supra, would eliminate the
a conditional basis for a position that             specification of the position, while keeping the
involves direct personal care or                    language that provides the ability to employ an
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treatment to residents while awaiting              individual on a conditional basis.
the individual’s CORI.



G.L. c. 6 § 172H governs Children’s         20 &   Section 20 removes the qualifying language          26 & Same
programs to obtain criminal and              21    “that accepts volunteers.” Section 21 replaces        28
juvenile data; volunteers. Section 172H            the second reference to a volunteer with “an
authorizes any entity or organization              employee, volunteer, vendor or contractor,”
that accepts volunteers and is primarily           expanding an entity’s or organization’s access to
engaged in providing activities or                 criminal offender record information.
programs to children 18 or younger to
receive all available criminal offender
record information from the board prior
to receiving any person as a volunteer.



                                              22 Inserts the following two new sections after §        N/A N/A
                                                 172J:

                                                   1. Section 172K – Notwithstanding §172 or any
                                                      general or special laws to the contrary,
                                                      housing authorities acting under c. 121B
                                                      may obtain conviction and pending criminal
                                                      offender record information from the
N/A                                                   department for the sole purpose of
                                                      evaluating housing applications owned by

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                                                       the housing authority in order to further the
                                                       protection and well-being of housing
                                                       authority tenants.
                                                    2. Section 172L - Notwithstanding §172 or any
                                                       general or special laws to the contrary, the
                                                       Massachusetts department of
                                                       telecommunications and energy may obtain
                                                       all available criminal offender record
                                                       information from the department for (1)
                                                       screening applicants for motor bus driver
                                                       certificates, and (2) applicants who regularly
                                                       transport school age children or students
                                                       (under c. 766) in the course of their job
                                                       duties. However, Massachusetts
                                                       department of telecommunications and
                                                       energy is prohibited from disseminating the
                                                       information for any purpose other than to
                                                       further the protection of children.


G.L. c. 6 § 173 governs Regulations for       23 & Removes authority from the board and places it       32 & Same
program research; monitoring; access            24 with the commissioner. Further, Section 23 also        33
restricted. Currently, § 173 provides the          gives the commissioner the ability to approve
board with the authority to establish              research programs to obtain criminal offender
regulations to govern the use of                   record information, as long as the programs do
criminal offender record information for           not publish any information that identifies the
program research.                                  subject.


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G.L. c. 6 § 175 governs Inspection of          25 Redrafts § 175 and makes the following changes      34 Same
record information by individual                  to § 175. First, the individual may obtain a copy
concerned; corrections; procedure;                of his/her CORI instead of copying his/her
restrictions. Section 175 currently               CORI in the current version. Second, the
provides each individual with the right           commissioner shall publish and furnish
to inspect and, if practicable, copy              guidelines on how to correct inaccurate or
his/her CORI. If the individual believes          incomplete information upon request. Third,
the information is incorrect or                   the department, subject to appropriation, shall
incomplete, he/she may request the                provide assistance to an individual who has
agency in custody of the record to                requested help in correcting inaccurate or
purge, modify or supplement it. If the            incomplete information. Corrections made by
agency does not do so, or the individual          the office of the commissioner of probation or
is unsatisfied, the individual may then           the courts will be transmitted to the
seek review by the board in writing.              department’s database and reflect the
The board, in cases in which it finds a           corrections. Last, this section removes the
prima facie basis for a complaint, will           requirement that additional restrictions must be
conduct a hearing, issue a written                approved by the board.
finding and order pursuant to the
procedures delineated in § 175.



Additionally, § 175 states agencies shall
provide reasonable hours and places of
inspection and impose other restrictions
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to be approved by the board to assure
the security of the records and to verify
the identities of those who seek to
inspect them.



Current Law – G.L. c. 6 § 178 governs          26 Redrafts § 178 in its entirety, and to penalize   35 Changes the definition
Violations; punishment. Currently, §              two distinct offenses                                of harassment under
178 punishes:                                                                                          the proposed § 178 ½ to
                                                   (1) Criminal Record Offender Information:           reflect the existing
   Any person who willfully requests,                  Any person who knowingly requests,            statute:
    obtains or seeks to obtain criminal                   obtains or attempts to obtain criminal
    offender record information under                     offender record information or a self-        “harassment" shall
    false pretenses,                                      audit from the department under false         mean willfully and
   Any person who willfully                              pretenses,                                    maliciously engaging
    communicates or seeks to                            Knowingly communicates or attempts to          in a knowing pattern of
    communicate criminal offender                         communicate criminal offender record          conduct or series of
    record information to any agency or                   information to any person, except in          acts over a period of
    person (except in accordance with                     accordance with §§ 168 through 175,           time directed at a
    §§ 168 to 175), or                                  Knowingly falsifies criminal offender          specific person, which
   Any member, officer, employee or                      record information, or any records            seriously alarms that
    agency of the board or any                            relating thereto, or                          person and would
    participating agency, or any person                 Requests or requires a person to provide       cause a reasonable
    connected with any authorized                         a copy of his/her criminal offender           person to suffer
    research program, who willfully                       record information except as authorized       emotional distress.
    falsifies criminal offender record                    under § 172.
    information, or any records relating
    thereto.
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                                                The punishment for each offense is:
The punishment for each offense is
currently:                                         A fine up to $5,000,
                                                   Imprisonment in the house of corrections for
   A fine up to $5,000,                            up to one year, or
   Imprisonment in the house of                   Both
    corrections for up to one year, or             BUT, if the person is not a natural person,
   Both                                            the fine may be up to $50,000 for each
                                                    violation.


                                                (2) Juvenile Delinquency Records:
                                                     Any person who knowingly requests,
                                                       obtains or attempts to obtain juvenile
                                                       delinquency records from the
                                                       department under false pretenses,
                                                     Knowingly communicates or seeks to
                                                       communicate juvenile criminal records
                                                       to any person except in accordance with
                                                       §§ 168 through 175, or
                                                     Knowingly falsifies juvenile criminal
                                                       records,
                                                The punishment for each offense is:

                                                       A fine up to $7,500,
                                                       Imprisonment in the house of corrections
                                                        for up to one year, or
                                                       Both
                                                       BUT, if the person is not a natural

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                             person, the fine may be up to $75,000 for
                             each violation.
                          
                      Exemption - § 178 does not apply to and no
                      prosecution will be brought against a law
                      enforcement officer who, acting in good faith,
                      obtains, seeks to obtain, communicates, seeks to
                      communicate criminal offender record
                      information in the furtherance of his/her official
                      duties.

                      Section 26 also adds the following new section, §
                      178 ½, to penalize the use of criminal offender
                      record information to (1) commit a crime against
                      the subject or (2) harass the subject, meaning
                      willfully and maliciously engaging in conduct
                      or acts directed at a specific person, which
                      seriously alarms that person and would cause a
                      reasonable person to suffer emotional distress.

                      The punishment under § 178 ½ is either:

                         A fine up to $5,000,
                         Imprisonment in the house of corrections for
                          up to one year, or
                         Both



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G.L. c. 6 § 178A governs Victims;             27 Makes the following changes to § 178A: (1) the      36 Same
certification to receive information.            victim of a crime, witness or family member of a
Currently, § 178A provides a victim of a         homicide victim may now obtain all criminal
crime, witness or family member of a             offender information of the offender, and (2)
homicide victim with criminal record             removes “in their discretion” language from the
offender record information, as long as          criminal justice agencies disclosure authority.
the request relates to the offense in
which the person was involved. Also,
the board must certify the victim,
witness or family member, upon
request. Furthermore, criminal justice
agencies may disclose, in their
discretion, additional information
reasonably necessary for the security
and well being of such persons.



G.L. c. 6 § 178F governs Annual              27A Changes the registration requirement to every      N/A N/A
verification of registration data;               30 days.
homeless shelter as residence of sex
offender; juveniles; disclosure of
information. Section 178F currently
requires a sex offender, who lists a
homeless shelter as his residence, to
verify his registration data every 45

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days.



G.L. c. 6 § 178½ governs Registration by       27B Changes the registration requirement to every       N/A N/A
personal appearance; level 2 or 3 sex              30 days.
offenders. Section 178F½ currently
requires a level 2 or level 3 sex offender
mandated to register under §§ 178C to
178P and listing a homeless shelter as
his residence to appear in person at the
local police department to verify his
registration data every 45 days.



                                               27C Creates a new section, § 178F ¾, which would        N/A N/A
                                                   require a homeless sex offender to wear a global
                                                   positioning system or comparable device,
                                                   administered by the commissioner of probation.

N/A

G.L. c. 6 § 178K governs the Sex                28 Places the sex offender registry board within the    39 Same
offender registry board; member                    executive office of public safety and security.
qualifications; guidelines to assess risk
of reoffense; notification. Currently
under § 178K, the sex offender registry
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board is within the current criminal
history systems board, but not within its
jurisdiction

G.L. c. 6 § 178Q governs the Sex             28A Increases the fee to $100. Section 28B removes     N/A N/A
offender registry fee. Currently, § 178Q    & 28B the waiver provision and replaces it with a
requires the sex offender registry board          payment plan option for sex offenders who are
to assess a sex offender registration fee         unable to pay the registration fee due to
of $75 on every sex offender. The sex             hardship on the offender or the offender’s
offender registry board may waive the             family due to limited income, employment
fee if it determines the payment meets            status or other relevant factor.
the criteria of an undue hardship on the
offender or the offender’s family due to
limited income, employment status or
other relevant factor. The waiver is only
effective while the sex offender is
unable to pay.



                                               29 Amends c. 6A § 18 by (1) removing the              41 Same
G.L. c. 6A § 18 lists the agencies within         governor’s highway safety bureau and the
the executive office of public safety.            criminal history systems board, and (2) adding
The current agency list is as follows:            the office of grants and research and the
   Department of public safety,                  highway safety division, Massachusetts
   Department of fire services,                  department of criminal justice information
   Governor's highway safety bureau,             services, office of the chief medical examiner,
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  Municipal police training                      and the sex offender registry board.
   committee,
 Criminal history systems board,
 State 911 department,
 Department of state police,
 Massachusetts emergency
   management agency,
 Military department,
 Department of correction, including
   the parole board, and
 All other agencies and boards
   within said departments,
   committees and boards
G.L. c. 27 § 5 governs the Parole board;      30 Amends c. 27 § 5 by giving the parole board the   N/A N/A
powers and duties.                               additional authority to administer and oversee
                                                 mandatory post-release supervision functions
                                                 set forth in c. 127 § 133D(a) and c. 127A.



N/A                                         N/A N/A                                                 52 This section creates the
                                                                                                       Criminal Justice
                                                                                                       Information Services
                                                                                                       Fund for the deposit of
                                                                                                       all fees for CORI
                                                                                                       requests, self-audits,
                                                                                                       gifts, grants,
                                                                                                       contributions and
                                                                                                       bequests from federal,
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                                                                                                      state, county or
                                                                                                      municipal agency,
                                                                                                      individual, foundation,
                                                                                                      corporation, association
                                                                                                      or public authority.

                                                                                                     This section also
                                                                                                     delineates how the
                                                                                                     funds are to be used.
G.L. c. 30A governs State                31 Amends c. 30A by establishing a new section, §        53 Same
Administrative Procedure in general         1D, which provides that the board is subject to
                                            §§ 1 through 8, but is otherwise not subject to c.
                                            30A. Thus, the board is subject to, for example,
                                            and not an exhaustive list, certain hearing
                                            requirements, notice publication requirements,
                                            filing regulations, Massachusetts Register
                                            regulations, publication requirements pursuant
                                            to Code of Massachusetts Regulations, public
                                            access requirements, judicial review regulations,
                                            advisory rulings by agencies and subject to a
                                            report for noncompliance with certain
                                            provisions.

                                             Further, the board is not subject to, for example,
                                             and again not an exhaustive list, adjudicatory
                                             proceedings, appeals and subpoenas (as defined
                                             in c. 30A), open meetings of governmental

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                                                    bodies, studies of state boards, hearings in
                                                    municipalities, judicial review and partial
                                                    invalidity of chapter.



G.L. c. 93 § 52 governs Information not       32 & Sections 32 and 33 would amend §52(b) by        60 & Same
to be contained in report; exceptions.          33 removing the third exception.                     61
Currently, § 52(a) prohibits a consumer
protection agency from creating a
consumer report containing certain
enumerated items of information with
additional time limitations. For
example: bankruptcies, suits and
judgments, paid tax liens, accounts
placed for collection, records of arrest,
indictment or conviction of crime,
which, from date of disposition, release,
parole predate the report by more than
seven years. Section 52(b) provides
exceptions for when the prohibited
items can be used. They are:

1. Credit transaction involving, or
   which may reasonably be expected
   to involve, a principal amount of
   fifty thousand dollars or more;

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2. Underwriting of life insurance
   involving, or which may reasonably
   be expected to involve, a face
   amount of fifty thousand dollars or
   more; or
3. Employment of any individual at an
   annual salary which equals or which
   may reasonably be expected to
   equal twenty thousand dollars or
   more.


In general, G.L. c. 94C governs the      34-38   Sections 34 through 40 seek to add an identical        N/A N/A
Controlled Substances Act.               & 40    subsection to each of the c. 94C violations listed
                                                 below. The subsection would allow any person
                                                 serving a mandatory minimum sentence to be
                                                 eligible to for parole after either serving (1) two-
                                                 thirds of the minimum state prison sentence or
                                                 (2) one-half of the maximum house of correction
                                                 sentence. However, a condition of the parole
                                                 may be enhanced supervision, which may
                                                 include, but is not limited to, the wearing a
                                                 global positioning satellite or comparable
                                                 device, administered by the board at all times
                                                 for the length of the parole.

                                                 This subsection would be added to the
                                                 following sections in c. 94C, listed with their
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                      corresponding SB 2220 sections:

                            Section 34 – c. 94C §32: Class A
                             controlled substances; unlawful
                             manufacture, distribution, dispensing or
                             possession with intent to manufacture,
                             etc.
                            Section 35 – c. 94C §32A: Class B
                             controlled substances; unlawful
                             manufacture, distribution, dispensing or
                             possession with intent to manufacture,
                             etc.
                            Section 36 – c. 94C §32B: Class C
                             controlled substances; unlawful
                             manufacturer, distribution, dispensing
                             or possession with intent to
                             manufacture, etc.
                            Section 37 – c. 94C §32E: Trafficking in
                             marihuana, cocaine, heroin, morphine,
                             opium, etc.
                            Section 38 - c. 94C §32F: Unlawful
                             manufacture, distribution, dispensing or
                             possession with intent to manufacture,
                             etc. of controlled substances in Classes A
                             to C to minors.
                            Section 40 - §32J: Controlled substances
                             violations in, on, or near school property.



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G.L. c. 94C § 32H governs Prosecutions        39     Makes the following changes to § 32H: (1)             N/A N/A
not to be continued or placed on file;               removes c. 127 §§ 129 and 129A (these sections
suspension or reduction of sentence;                 were Repealed), (2) adds a sheriff, on the
eligibility for parole, etc. Currently,              recommendation of the administrator of a
§32H prohibits a person convicted                    county correctional institution, as someone who
under §§ 32(b), 32A(b), (c), or (d),                 can grant temporary release to an offender, (3)
32B(b), 32E, 32F or 32J to be eligible               adds the requisite that a temporary release is
from probation, parole, furlough, work               subject to the rules and regulations of the
release, or receive any reduction in                 institution and under the direction, control and
sentence for good conduct pursuant to                supervision of the institution’s officers, (4) adds
c. 127 §§129, 129A, 129C or 129D until               three additional purposes for temporary release
he/she has served the mandatory                      (a) to participate in education, training, or
minimum term of imprisonment.                        employment programs established under c. 127
However, the commissioner, on the                    § 48; (b) to engage in employment pursuant to a
recommendation of the warden,                        work release program in accordance with the
superintendent or other person in                    provisions of c. 127 §§ 49, 49A, 86F and 86G, or
charge of the correctional institution,              (c) to participate in a program to provide
may grant the offender temporary                     services under c. 127 §§ 49B or 49C, (5) removes
release to attend the funeral of a                   the exception for c. 279 § 31, and (6) changes the
relative, visit a critically ill relative, or        last exception to “to any child between age 14
obtain emergency medical or                          and 17, so charged by indictment under section
psychiatric services unavailable at the              54 of chapter 119.”
institution where the offender is located.

Section 32H also provides exceptions for
certain provisions: (1) c. 279 § 31, (2) c.

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276 § 87 will not apply to any person 17
years or older, charged with one of the
sections mentioned in §32H, or (3) a
child between the ages of fourteen and
seventeen, so charged if the court is of
the opinion that the interests of the
public require that the child be tried for
such an offense instead of being dealt
with as a child.



G.L. c. 119 § 54 governs Complaint;           40A    Adds violations of c. 268 § 13B – intimidation of   N/A N/A
indictment; etc. Currently, § 54                     witnesses, jurors, and persons furnishing
delineates when the commonwealth                     information in connection with criminal
may bring a complaint in juvenile court,             proceedings – as crimes when juveniles may be
in a juvenile session of a district court,           indicted under c. 277.
or by indictment under c. 277, if
appropriate.



G.L. c. 123A § 14 governs Trial by jury,      41     Amends § 14 by (1) removing the waiver              N/A N/A
etc. Currently, § 14 authorizes the                  requirement, and (2) providing that either the
district attorney or the attorney general,           person named in the petition or the petitioning
at the request of the district attorney, to          party may demand in writing that the case be
petition the court for trial, which shall            tried before a jury. Upon such a demand, the

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be a jury trial unless affirmatively                case shall be tried before a jury.
waived by the person named in the
petition.


G.L. c. 125 governs correctional             42     Adds the definition of “custody” to the list of           66 Same w/ grammatical
institutions of the Commonwealth.                   definitions. “Custody” is the physical or                    and drafting edits.
Section 1 contains the definitions                  constructive control of an inmate in a state or
associated with this chapter.                       county correctional facility.
G.L. c. 126 § 16 governs the sheriff’s       43     Amends § 16 by adding that the sheriff shall         67      Same
custody and control of jails and houses             have custody and physical or constructive
of correction. The sheriff has custody              control of all prisoners committed to a jail or,
and control of the jails in his county,             except in Suffolk County, to a house of
and, except in Suffolk County, of the               corrections.
houses of correction therein, and of all
prisoners committed thereto.
G.L. c.127 § 20 governs the classification   44     Section 44 adds two new sections, §§ 20B and         69      Section 20B removes
of prisoners.                                       20C, to c. 127.                                              the exception for sex
                                                                                                                 offenders from the
                                                    Section 20B gives the sheriff of any county the              constructive
                                                    power to establish a day reporting program                   confinement provision.
                                                    under which persons sentenced to the house of
                                                    corrections, except a sex offender, may be                   Also, prohibits from
                                                    classified to constructive confinement. Such                 the day reporting
                                                    program shall: (1) Include electronic monitoring
                                                                                                                 program, persons
                                                    of prisoners, (2) Require victim notification, (3)
                                                                                                                 convicted of the
                                                    Require any inmate sentenced to such program
                                                    to agree (in writing) to any conditions set by the           following:
                                                    sheriff, (4) Require any prisoner to have served

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                      the longest minimum mandatory sentence                     Murder,
                      before entering the program, and (5) Credit time
                      toward the serving of an inmate’s sentence in              Any offense that
                      the same manner as though he had served such                carries the
                      time within the facility.                                   possibility of a life
                                                                                  sentence,
                      Under § 20C, the sheriff of any county may
                      permit a detainee who is committed to a jail               A violation of
                      awaiting disposition of any criminal matter,                section 13, 14, 15,
                      except those being held for murder, sex                     15A, 15B, 16, 17, 18,
                      offenses, and any offense that carries the                  18A, 19, 20, 21, 22,
                      possibility of a life sentence, to be classified to a       22A, 23, 24, 24B, 25,
                      pretrial diversion program operated by the                  26, 26A or 26B of
                      sheriff’s office. The sheriff’s office may require          chapter 265;
                      any inmate participating in this program to pay
                                                                                 section 17, 34 or 35
                      an administrative fee, and shall establish a
                                                                                  of chapter 272;
                      classification system to determine which
                      detainees may be potential participants in this            If he is detained
                      program. For participating in this program, the             under subsection
                      inmate shall receive credit towards his/her                 (3) of section 58A of
                      sentence.                                                   chapter 276,

                                                                                 Sex offender,

                                                                                  A sexually
                                                                                  dangerous person
                                                                                  as defined in
                                                                                  section 1 of chapter
                                                                                  123A, or

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                                                                                                             Convicted of
                                                                                                              committing a
                                                                                                              sexual offense as
                                                                                                              defined in said
                                                                                                              section 1 of said
                                                                                                              chapter 123A

                                                                                                         Under § 20C , removes
                                                                                                         the provision that
                                                                                                         allows the sheriff to
                                                                                                         require an inmate to
                                                                                                         pay an administrative
                                                                                                         fee and establish a
                                                                                                         classification system.
Under G.L. c. 127 § 21, sheriffs and the   45     Amends § 21 by authorizing the classification of    70 Same
penal institutions commissioner of                prisoners to physical or constructive
Boston may classify prisoners with                confinement by sheriffs and the penal
reference to their sex, age, character,           institutions commissioner of Boston.
condition, and offenses with approval
of the deputy commissioner for
classification and treatment.
N/A                                        46 &   N/A                                                N/A N/A
                                           47
N/A                                        48     Adds a new chapter, c. 127A (Mandatory Post        N/A N/A
                                                  Release Supervision), to the Massachusetts
                                                  General Laws. This chapter provides for
                                                  Mandatory Post-Release Supervision for state
                                                  prison inmates who would otherwise be
                                                  released directly from prison to the streets.
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                      Inmates, who are not released on parole before
                      expiration of their sentence, or to a consecutive
                      sentence of probation, will be required to be
                      supervised by the parole board for an additional
                      period of time after the expiration of their
                      sentence.

                      The duration of mandatory post-release
                      supervision will be 25% of the maximum term
                      of the sentence imposed up to a maximum
                      period of supervision of 2 years, but in no case
                      less than 9 months. An individual subject to
                      mandatory post-release supervision who has
                      successfully completed 6 months of supervision
                      shall be eligible for early termination of that
                      supervision.

                      The parole board shall establish regulations for
                      post-release supervision. There shall be
                      supervision levels based on risk-needs
                      assessments, ranging from minimum parole
                      supervision for low-risk parolees to maximum
                      parole supervision of high-risk parolees, with a
                      focus on reducing the risk posed by high-risk
                      parolees. The regulations shall include the use
                      of graduated and intermediate sanctions in

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                                                     response to non-criminal violations of parole
                                                     conditions and, in the discretion of the board,
                                                     for low-level criminal violations. Violation of
                                                     terms of mandatory post-release supervision
                                                     can result in graduated sanctions, up to
                                                     incarceration for one year.



G.L. c. 127 § 30 governs the granting of      48A    Amends the standard that the parole board uses        N/A N/A
parole permits. A parole permit may be               when determining a prisoner’s eligibility for
granted to a prisoner only if the parole             parole under § 30. The language added
board is of the opinion that there is (1) a          specifically requires the parole board to
reasonable probability that if such                  consider the impact of any mandated conditions
prisoner is released, he will live and               that a parolee would have to comply with if
remain at liberty without violating the              paroled, as well as consideration of behavior
law, and (2) his release is not                      and participation in programs while
incompatible with the welfare of                     incarcerated. The board shall not consider the
society.                                             availability of post-release supervision as
                                                     authorized under G.L. c. 127A.



G.L. c. 151B governs unlawful                 49     Inserts a new paragraph, (9 ½), to § 4, which         91   Adds that an employer
discrimination because of race, color,               states that it shall be an unlawful practice for an        may inquire about an
religious creed, national origin, ancestry           employer to request a CORI on a written                    applicant’s criminal
                                                                                                                convictions on an
or sex. G.L. c. 151B § 4 specifically                application form. However, if an applicant is
                                                                                                                application if the
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governs unlawful practices.                      applying for a position for which federal or state        employer or an
                                                 laws or regulations create mandatory or                   affiliate of such
                                                 presumptive disqualification based on certain             employer is subject to
                                                                                                           an obligation imposed
                                                 criminal offenses, the employer may inquire
                                                                                                           by any federal or state
                                                 about such offenses on the applicant’s                    law or regulation not
                                                 application form.                                         to employ persons, in
                                                                                                           either 1 or more
                                                                                                           positions, who have
                                                                                                           been convicted of 1 or
                                                                                                           more types of criminal
                                                                                                           offenses.
G.L. c. 233 § 21 governs the use of       50     Amends § 21 by adding at the end of the section      95   Same
criminal convictions in impeaching the           that, upon an order of the court, a party may
credibility of a witness.                        obtain a witness’s CORI from the department of
                                                 criminal justice information services.




G.L. c. 111 governs public health. G.L.   50A    Section 50A amends G.L. c. 265 § 13I by making       N/A N/A
c. 265 § 13I governs assault or assault          it a crime to commit an assault or assault and
and battery on emergency medical                 battery on emergency medical technicians,
technicians, ambulance operators, or             ambulance operators, ambulance attendants,
ambulance attendants. Whoever                    and health care providers as defined in G.L. c.
commits an assault or assault and                111 § 1. “Health care providers” include
battery on an emergency medical                  doctors, registered nurses, psychologists, etc.

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technician, ambulance operator, or                  Penalties in the current law remain unchanged.
ambulance attendant shall be punished
by imprisonment in the house of
correction for not less than 90 days nor
more than 2 ½ years, or by a fine of not
less than $500 nor more than $5,000, or
both.



N/A                                          50B    Adds a new section, § 48, to G.L. c. 265. Under     N/A N/A
                                                    this section, any sex offender who engages in ice
                                                    cream truck vending shall be punished by:

                                                         Imprisonment in the house of correction
                                                           for not more than 2½ years,
                                                         A fine of $1,000, or
                                                         Both.


G.L. c. 268 § 16 governs the penalty for a   51     Amends § 16 by adding to the crime of escape or     N/A N/A
prisoner’s escape or attempt to escape,             attempted escape: tampering with/disabling
or failure to return from temporary                 electronic monitoring equipment while on
release or furlough. Currently, a                   constructive confinement.
prisoner committed to any jail or
correctional institution, who escapes or
attempts to escape from any such

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institution, or fails to return from
temporary release or furlough, shall be
punished by imprisonment in the state
prison for not more than 10 years or by
imprisonment in a jail or house of
correction for not more than 2 ½ years.



G.L. c. 276 § 58A governs the conditions     51A    Adds the following offenses to the current list   113 Same
of release of persons accused of certain            under § 58A(1):
offenses involving physical force or
abuse. Under current § 58A(1), the                        Carrying/knowingly have in a vehicle a
                                                           loaded or unloaded firearm without a
commonwealth may move, based on
                                                           valid license/FID card.
dangerousness, for an order of pretrial                   Possessing a machine gun or sawed-off
detention or conditional release of a                      shotgun.
defendant:                                                Possessing/knowingly have in a vehicle
                                                           a large capacity weapon or large
      In a divorce action, to protect the                 capacity feeding device without a valid
       personal liberty of a spouse                        Class A or B license.
       when a court order has been                        Defendant was previously convicted of a
       violated; when an order to                          violent crime or serious drug offense,
       vacate the home as been                             and has now been arrested and charged
       violated; when an order of                          for either (1) carrying a loaded or
       restraint has been violated.                        unloaded firearm without a valid
      To protect the personal liberty of                  license/FID card, (2) possessing a
       a spouse when a support,                            machine gun or sawed-off shotgun, or
       custody and maintenance order                       (3) unlawfully owning, possessing,
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      has been violated.                               transferring, or leaving with the intent to
     When an abuse prevention order                   transfer possession of a firearm, rifle,
      has been violated.                               shotgun, or ammunition.
     To protect a child born out of
      wedlock when a restraining or
      no-contact order has been
      violated.
     When the defendant has been
      arrested and charged with a
      misdemeanor or felony
      involving abuse.
     When the defendant has been
      arrested and charged with a
      controlled substance offense for
      which a mandatory minimum
      term of 3 years is prescribed.
     When the defendant has been
      arrested and charged for
      intimidation of a witness.
     When the defendant has been
      arrested and charged for a third
      or subsequent OUI.


N/A                                      51B    Adds a new section, §25, to G.L. c. 270 which        N/A N/A
                                                governs permits for ice cream truck vending.
                                                This new section proposes that no person shall
                                                engage in ice cream truck vending unless he is
                                                issued a valid permit to do so, and the permit
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                                                    must be conspicuously displayed and clearly
                                                    visible on the windshield of any ice cream truck.
                                                    Whoever violates this section shall be assessed a
                                                    fine of $500. Each day that such person is in
                                                    operation in violation of this section may be
                                                    considered a separate violation.



G.L. c. 276 § 100A governs requests to       52     Amends § 100A by decreasing the amount of           116 Same
seal court records. Under the current               time required for an individual to request
law, a request to seal a misdemeanor                his/her criminal records to be sealed under §
conviction may be made no less than 10              100A. A request to seal a misdemeanor
years after the final court disposition. A          conviction may be made no less than 5 years
request to seal a felony conviction may             after the final court disposition. A request to
be made no less than 15 years after the             seal a felony conviction may be made no less
final court disposition. The requesting             than 10 years after the final court disposition.
party must not have been found guilty               The requesting party must not have been found
of any criminal offense (in any state) in           guilty of any criminal offense (in any state): In
the 10 years preceding a request to seal            the case of a misdemeanor, 5 years before the
a misdemeanor or felony conviction.                 request; and in the case of a felony, 10 years
                                                    before request. Dismissed charges during the 5
                                                    year or 10 year look-back period do not
                                                    disqualify a criminal conviction from being
                                                    sealed.


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N/A                                       53-57 N/A                                                    N/A N/A

G.L. c. 276 § 100A governs requests to   58     Adds new language to § 100A. For the purpose           117 Generally the same,
seal court records.                             of sealing records, a violation of a civil                 except, sex offenses
                                                restraining order under G.L. c. 209A § 7 will be           will never be eligible
                                                                                                           for sealing.
                                                treated as a felony (eligible for sealing after 10
                                                years). Sex offenses shall not be eligible for
                                                sealing for 15 years following their disposition,
                                                or for so long as the offender is under a duty to
                                                register in the commonwealth or in any other
                                                state where the offender resides, whichever is
                                                longer.



G.L. c. 276 § 100A governs requests to   59     Adds new language to § 100A. Upon motion to            118 Same
seal court records.                             the court, a party having reasonable cause to
                                                believe that information in a sealed criminal
                                                record of another party may be relevant to (1) an
                                                issue of custody or visitation of a child, (2) abuse
                                                [G.L. c. 209A] or (3) the safety of any person,
                                                may seek to introduce the sealed record into
                                                evidence. The judge shall review the relevancy
                                                of the record in a closed proceeding. The record
                                                shall be impounded and available only to the

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                                                     parties in that proceeding.



G.L. c. 276 § 100C governs the sealing of     60     Strikes out the language in § 100C that does not     119 Same
records or files in certain criminal cases.          permit a criminal record to be sealed after a
Under the current law, cases that do not             defendant has successfully completed a term of
result in conviction, whether by                     probation and his/her case has been dismissed.
acquittal, a finding of lack of probable             As a result, cases dismissed after the defendant
cause, or a not guilty verdict, can be               successfully serves a term of probation are
sealed by motion if the court finds that             eligible to be sealed if substantial justice would
the defendant's reputation and                       best be served by doing so.
economic interests in sealing outweigh
the public's First Amendment right to
know about court matters. However,
cases dismissed after the defendant
successfully serves a term of probation
are not eligible.


G.L. c. 276 § 100C governs the sealing of     61     Under an amended § 100C, the commissioner of         120 Same
records or files in certain criminal cases.          probation or the clerk of courts in any district,
Under the current law, the                           superior, or the Boston municipal court shall
commissioner of probation shall answer
                                                     answer “no record” when an inquiry into a
“no record” when an inquiry into a
sealed record is made by authorized                  sealed record is made by authorized persons
persons other than law enforcement                   other than law enforcement agencies.
agencies
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N/A                                        62     Adds a new section, § 100D, to G.L. c. 276.            121 Same
                                                  Under this section, criminal justice agencies will
                                                  have access to all sealed adult and juvenile
                                                  CORI for use in the performance of their duties.


G.L. c. 276 § 34 governs delivery of       63     Amends § 34, by further requiring that when the        123 Same
certified transcripts from minutes of             certified transcript from a court conviction and
court convictions and sentences to the            sentence is given to the sheriff/court officer, the
sheriff. Under the current law, when              sheriff/court officer is authorized to execute
the certified transcript from a court             such sentence, and shall execute it accordingly
conviction and sentence is given to the           for the duration of the sentence and within
sheriff/court officer, the sheriff/court          classification guidelines of the facility to
officer is authorized to execute such             which said convict is committed.
sentence, and shall execute it
accordingly.
N/A                                        64     Notwithstanding any general or special law to         124   Same
                                                  the contrary, Section 64 facilitates the orderly
                                                  transfer of the employees, proceedings, rules
                                                  and regulations, property and legal obligations
                                                  of the criminal history systems board, as the
                                                  transferor agency, to the department of criminal
                                                  justice information services. As of the effective
                                                  date of this section, there will be no loss of
                                                  existing employee rights, such as retirement,
                                                  accrued sick/vacation time, union leadership,
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                            collective bargaining, etc.


N/A                   N/A                                                        125   The term of any board
                                                                                       members appointed
                                                                                       prior to this act shall
                                                                                       expire upon the
                                                                                       effective date of this
                                                                                       act, however they shall
                                                                                       be eligible for
                                                                                       reappointment and
                                                                                       made in accordance
                                                                                       with § 168.

                                                                                       Any new appointment,
                                                                                       the governor shall
                                                                                       appoint the following:
                                                                                        1 member for 1 yr
                                                                                        2 members for 2 yrs
                            N/A                                                         2 members for 3 yrs
N/A                   65    The department of criminal justice information       126   Same
                            services, in consultation with the information
                            technology division, shall regularly report on its
                            progress in building the information technology
                            system necessary to fulfill the requirements in
                            establishing and maintaining a web-based CORI
                            database (see Section 16 supra). The department
                            shall file such reports with the chairpersons of
                            the joint committee on the judiciary, the joint

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                                                  committee on public safety and homeland
                                                  security, the chairpersons of the house and
                                                  senate committees on bonding, capital
                                                  expenditures and state assets and the
                                                  chairpersons of the house and senate
                                                  committees on ways and means and shall post
                                                  such reports on the department's publicly
                                                  accessible website.
N/A                                        65A    The executive office of public safety, in              N/A   N/A
                                                  conjunction with the department of public
                                                  health, the trial court, the department of
                                                  probation and the office of community
                                                  correction, shall promulgate regulations
                                                  establishing a resource guide for law
                                                  enforcement personnel, sheriffs and judges on
                                                  substance abuse treatment programs and
                                                  options.
G.L. c. 94C § 32 governs Class A           66     Provides that a person serving a mandatory             N/A   N/A
controlled substances. G.L. c. 94C § 32A          minimum sentence for violating any provision
governs Class B controlled substances.            of the referenced sections as of the effective
G.L. c. 94C § 32B governs Class C                 date of this act, shall be eligible for parole after
controlled substances. G.L. c. 94C §32 E          serving two-thirds of the minimum term of the
governs trafficking in marihuana,                 sentence if the sentence is to a state prison, or
cocaine, heroin, morphine, opium, etc.            after serving one-half of the maximum term of
G.L. c. 94C §32F governs the unlawful             the sentence if the sentence is to a house of
manufacturing, distribution, dispensing           correction.
or possessing with intent to
manufacture, etc. controlled substances
in Classes A to C to minors. G.L. c. 94C

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§ 32J governs controlled substances
violations in, on, or near school
property.
N/A                                   66A    The executive office of public safety and            N/A   N/A
                                             security and the department of correction, in
                                             conjunction with the department of public
                                             health, shall adopt regulations to create a
                                             substance abuse education program in state
                                             prisons and houses of corrections
N/A                                   66B    The department of probation, in conjunction          N/A   N/A
                                             with the criminal history systems board shall
                                             conduct a study on rehabilitation. The section
                                             lists out 17 aspects of the study.
N/A                                   66C    The parole board shall conduct a study to            N/A   N/A
                                             determine the benefit and cost of establishing a
                                             substance abuse treatment program to be
                                             included as a requirement for individuals
                                             during a period of post-release supervision.
N/A                                   66D    The department of corrections, in consultation       N/A   N/A
                                             with the department of public health shall
                                             conduct a study on the establishment of jail
                                             diversion programs for nonviolent low level
                                             offenders with substance use disorders. The
                                             study shall include innovative ways for the
                                             courts to divert substance abusers from the
                                             criminal justice system into specified substance
                                             abuse treatment options.
N/A                                   66E    The administrative office of the trial court shall   N/A   N/A
                                             conduct a study to examine the bail review

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                                                  process including personal recognizance and
                                                  challenges to the amount of bail for the accused.
N/A                                        67     G.L. c. 172A (Mandatory Post-Release                   N/A   N/A
                                                  Supervision, see Section 48 supra), shall apply to
                                                  any felony committed on or after the effective
                                                  date of this act.
G.L. c. 6 § 178C governs the definitions   67A    G.L. c. 6 § 178F¾ (see Section 27C supra) shall        N/A   N/A
applicable to sex offender laws                   apply to a conviction for a sex offense or an
                                                  adjudication as a youthful offender or as
                                                  delinquent juvenile by reason of a sex offense as
                                                  defined in § 178C. Under § 178F¾, A homeless
                                                  sex offender shall wear a global positioning
                                                  system device, or any comparable device,
                                                  administered by the commissioner of probation.
N/A                                        68     Repeals Section 5A of this act (effective in 18        N/A   N/A
                                                  months, see Section 69 infra).
N/A                                        68A    Requires the department of public safety to            N/A   N/A
                                                  adopt regulations pertaining to ice cream truck
                                                  vending (G.L. c. 270 § 25, see Section 50B supra)
                                                  no later than 90 days from the effective date of
                                                  this act.
N/A                                        69     Provides that Sections 1 to 5, inclusive, 11to 14,      128 Provides that §§ 1-6,
                                                  inclusive, 16, 17, 17A, 22-27, inclusive, 31 to 33,         12-19, 21-24, 26-42, 44-
                                                  inclusive, 50, 50B, 51B, 52, 58 to 62, inclusive, 64        52, 54-66, 68-90,
                                                  and 68 shall take effect 18 months from the                 92-96, 102-108,
                                                  effective date of this act.                                 112, 113, 115, 116, 123,
                                                                                                              128 shall take effect 18
                                                                                                              months from the
                                                                                                              effective date of this act

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N/A                                        69A    Provides that Section 68A shall take effect 180   N/A   N/A
                                                  days from the effective date of this act.
G.L. c. 258C § 1 governs the definitions   N/A    N/A                                               97    Adds the definition of
relative to compensation of victims of                                                                    "crime scene cleanup"
violent crimes.                                                                                           to G.L. c. 258C § 1.
                                                                                                          “crime scene cleanup”
                                                                                                          shall mean the removal
                                                                                                          of, or the attempted
                                                                                                          removal of, blood or
                                                                                                          other stains that are the
                                                                                                          direct result of the
                                                                                                          commission of a crime
                                                                                                          or other dirt and debris
                                                                                                          caused by the
                                                                                                          processing of the crime
                                                                                                          scene, but shall not
                                                                                                          include the
                                                                                                          replacement or repair
                                                                                                          of property damaged
                                                                                                          during the commission
                                                                                                          of the crime, in
                                                                                                          accordance with
                                                                                                          section 4.
G.L. c. 258C § 1 governs the definitions   N/A    N/A                                               98    Adds the definition of
relative to compensation of victims of                                                                    "security measures" to
violent crimes.                                                                                           G.L. c. 258C § 1.
                                                                                                          “Security measures”
                                                                                                          shall mean the
                                                                                                          replacement, repair or

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                                                                                              installation of locks,
                                                                                              windows or other
                                                                                              security devices
                                                                                              deemed to be
                                                                                              reasonably necessary
                                                                                              for the promotion of
                                                                                              the victim’s safety by
                                                                                              the program director
                                                                                              after taking into
                                                                                              consideration the
                                                                                              nature of the crime in
                                                                                              accordance with
                                                                                              section 4.
G.L. c. 258C § 2 governs the eligibility of   N/A    N/A                                   99 Repeals § 2(f) of G.L. c.
victims of violent crimes for                                                                 258C.
compensation. Under sub-section (f),
except for anyone over 60 years old, or a
victim of rape, no compensation will be
paid to a claimant unless he has
incurred an actual out-of-pocket loss of
at least $100 or has lost 2 continuous
weeks or earnings as a result of the
crime.
G.L. c. 258C § 3 governs the maximum          N/A    N/A                                  100 Amends sub-paragraph
awards for victim compensation claims.                                                        (A) of § 3 of G.L. c.258C
Under sub-paragraph (A), the                                                                  by raising the
maximum award of compensation for                                                             maximum award of
burial expenses is $4,000.                                                                    compensation for
                                                                                              burial expenses from

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Under sub-paragraph (B), there is no                                                     $4,000 to $6,500.
monetary maximum award for                                                               Amends sub-paragraph
compensation enumerated in the                                                           (B) by adding that the
paragraph.                                                                               maximum award or
                                                                                         compensation for
                                                                                         expenses other than
                                                                                         funeral and burial
                                                                                         expenses associated
                                                                                         with the interment of a
                                                                                         victim whose death is
                                                                                         the direct result of a
                                                                                         crime shall be $800.
G.L. c. 258C § 3 governs the maximum     N/A    N/A                                  101 Amends sub-paragraph
awards for victim compensation claims.                                                   (A) of § 3 of G.L. c.258C
Under sub-paragraph (A) No hospital                                                      by stating that no
expenses shall be paid where the                                                         hospital expenses shall
expense is reimbursable by Medicaid or                                                   be paid where the
where the services are covered by G.L.                                                   expense is
c. 118F (Dept. of Medical Security -                                                     reimbursable by
Repealed in 1996).                                                                       Medicaid or where the
                                                                                         services are covered by
                                                                                         G.L. c. 118G (Health
                                                                                         Care Finance).
G.L. c. 258C § 3 governs the maximum     N/A    N/A                                  102 Amends sub-paragraph
awards for victim compensation claims.                                                   (C) of § 3 of G.L. c.258C
Under sub-paragraph (C), a victim, or                                                    by stating that a victim,
where death results from a crime, the                                                    or parent or legal
dependents and family members of the                                                     guardian of a victim
victim, shall be eligible for                                                            who is a minor in
                                                                                         accordance with
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compensation for mental health                                                           section 4, or where
counseling as a result of the crime.                                                     death results from a
                                                                                         crime, the dependents
                                                                                         and family members of
                                                                                         the victim, shall be
                                                                                         eligible for
                                                                                         compensation for
                                                                                         mental health
                                                                                         counseling as a result
                                                                                         of the crime.
G.L. c. 258C § 3 governs the maximum     N/A    N/A                                  103 Amends § 3 of G.L. c.
awards for victim compensation claims.                                                   258C by adding in
                                                                                         three sub-paragraphs:

                                                                                          (G) Allows for
                                                                                          maximum
                                                                                          compensation of $1,500
                                                                                          for professional crime
                                                                                          scene clean up services
                                                                                          necessary as the direct
                                                                                          result of the
                                                                                          commission of a crime
                                                                                          at a private residence
                                                                                          or in a motor vehicle
                                                                                          that is owned or leased
                                                                                          by a victim, family
                                                                                          member or other
                                                                                          dependent.


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                                                                                            (H) Allows for
                                                                                            maximum
                                                                                            compensation of $250
                                                                                            for reasonable
                                                                                            replacement costs of
                                                                                            clothing and bedding
                                                                                            seized as evidence or
                                                                                            rendered unusable as
                                                                                            the result of a criminal
                                                                                            investigation that is the
                                                                                            direct result of a crime.

                                                                                           (I) Allows for
                                                                                           maximum
                                                                                           compensation of $500
                                                                                           for the costs associated
                                                                                           with the
                                                                                           implementation of
                                                                                           security measures for a
                                                                                           victim, or a family
                                                                                           member residing with
                                                                                           the victim at the time a
                                                                                           crime is committed.
G.L. c. 258C § 8 governs a request for     N/A    N/A                                  104 Amends § 8 of G.L. c.
reconsideration of an award or denial in                                                   258C by raising the
a victim compensation claim.                                                               time limit for a
                                                                                           claimant to request for
                                                                                           reconsideration of an
                                                                                           award or denial of

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                                                                                           compensation from 15
                                                                                           to 20 days.
G.L. c. 258C § 8 governs a request for     N/A    N/A                                  105 Amends § 8 of G.L. c.
reconsideration of an award or denial in                                                   258C by raising the
a victim compensation claim.                                                               time for the program
                                                                                           director to notify the
                                                                                           claimant of the
                                                                                           reconsideration
                                                                                           decision from within 20
                                                                                           days of the claimant’s
                                                                                           request to within 30
                                                                                           days of the claimant’s
                                                                                           request.
G.L. c. 258C § 9 governs judicial review   N/A    N/A                                  106 Amends § 9 of G.L. c.
in claims of victim compensation                                                           258C by raising the
                                                                                           time limit for a
                                                                                           claimant to request
                                                                                           judicial review of the
                                                                                           reconsideration
                                                                                           decision from within 20
                                                                                           days of the date of
                                                                                           mailing the decision to
                                                                                           within 30 days.
G.L. c. 258C § 10 states that no           N/A    N/A                                  107 Amends § 10 of G.L. c.
compensation shall be awarded to a                                                         258C by adding that no
victim of a violent crime or a victim's                                                    compensation will be
family from sources such as insurance,                                                     awarded if the out-of-
worker's comp, medicaid, etc. unless the                                                   pocket expenses do not
victim's/victim's family's out-of-pocket                                                   exceed compensation

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expenses/legal liability exceed amounts                                                     received by insurance,
received by the sources                                                                     but not limited to,
                                                                                            homeowner’s
                                                                                            insurance, renter’s
                                                                                            insurance, automobile
                                                                                            insurance.
G.L. c.268 § 13B, which governs             N/A    N/A                                  109 This section: (1) adds
intimidation of a witness, only governs                                                     civil proceedings,
criminal investigations, trials and other                                                   probate and family
criminal proceedings. Additionally, the                                                     court proceedings,
mental state of the crime of intimidation                                                   juvenile proceedings,
is limited to intent, and the penalty is                                                    housing proceedings,
also limited to either imprisonment or a                                                    land proceedings,
fine.                                                                                       clerk's hearings, court
                                                                                            ordered mediations,
                                                                                            and any other civil
                                                                                            proceedings;
                                                                                            (2)includes the mental
                                                                                            state of "reckless
                                                                                            disregard"; and (3)
                                                                                            increases the penalty
                                                                                            option available to a
                                                                                            judge to imprisonment
                                                                                            AND a fine.
G.L. c.268 § 13D governs the disruption     N/A    N/A                                  110 Makes disruption of
of court proceedings. Penalty - Fine of                                                     court proceedings a
not more than $1,000 or imprisonment                                                        felony. Penalty -
in a jail/HOC for not more than 1 year,                                                     Imprisonment in
or both                                                                                     jail/HOC for not more

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                                                                      than 2.5 years or not
                                                                      more than 10 years in a
                                                                      state prison, or fine of
                                                                      not less than $1000 nor
                                                                      more than $5,000, or
                                                                      both
N/A                   N/A   N/A                                   127 Orders the Exec. Office
                                                                      of Public Safety,
                                                                      Criminal History
                                                                      Systems
                                                                      Board/Department of
                                                                      Criminal Justice
                                                                      Information Services
                                                                      and the State Police to
                                                                      request the cooperation
                                                                      of the Trial Court and
                                                                      Probation in
                                                                      establishing a
                                                                      program(s) to evaluate
                                                                      the feasibility and cost
                                                                      of biometric
                                                                      identification of all
                                                                      defendants. Biometric
                                                                      Identification
                                                                      comprises methods for
                                                                      identifying a person
                                                                      based on certain
                                                                      unique characteristics
                                                                      (i.e. fingerprints, voice

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                                                                recognition, facial
                                                                characteristics, etc.)

                                                                This shall be
                                                                implemented on or
                                                                before December 31,
                                                                2010 and expire on
                                                                June 30, 2012. Also,
                                                                this section contains a
                                                                reporting requirement.




                              Page 63 of 63

				
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