Rejected

28

Drug Trafficking Registry

Mr. Ross moved that the bill be amended by adding the following new section:-

SECTION XX. Chapter 94C of the General Laws, as so appearing, is hereby amended by adding after section 32E the following section:-

Section 32E½. As used in this section, the following terms shall have the following meanings:

(a)"conviction" means a conviction in any court of competent jurisdiction and includes a deferred sentence, but does not include a conditional discharge;

(b) “Drug trafficker” means a person who has been convicted of a violation of Chapter 94C section 32 subsection (a), or Chapter 94C section 32E subsection (b), or Chapter 94C section 32E subsection (c) and who:

(1) is a resident of Massachusetts;

(2) changes residence to Massachusetts;

(3) does not have an established residence in Massachusetts, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in Massachusetts.

(c) "drug offense" means a conviction for the unlawful trafficking of a controlled substance in violation of Chapter 94C section 32 subsection (a), or Chapter 94C section 32E subsection (b), or Chapter 94C section 32E subsection (c), or in violation of a law or ordinance of any jurisdiction or state of the United States or of federal, tribal or military law when that law or ordinance prohibits conduct that is unlawful under the provisions of Chapter 94C section 32 subsection (a), or Chapter 94C section 32E subsection (b), or Chapter 94C section 32E subsection (c).

(d) "registration requirement" means any requirement set forth in Section 2 of this act that requires a drug trafficker to register, provide information, renew, revise or change the trafficker's registration information or provide written notice or disclosure regarding the trafficker's status as a drug trafficker.

Section 2. A drug trafficker residing in Massachusetts shall register with the local police department in the city or town in which the drug trafficker resides no later than ten days after being released from the custody of the corrections department, county jail or a federal, military or tribal correctional facility or detention center.

(a) In the case of any drug trafficker on probation or parole, it shall be the duty of the drug trafficker’s probation or parole officer to notify, within forty-eight hours, the local police department in the city or town in which the trafficker resides that a registered drug trafficker is living in their jurisdiction. If a drug trafficker changes the status of his or her residence while on probation or parole, such notification of the change of status shall be sent by the drug trafficker’s probation or parole officer, within forty-eight hours, to the local police department of the city and town in which the trafficker resides.

(b) A drug trafficker who changes residence to Massachusetts shall register with the local police department in the city or town in which the drug trafficker resides no later than ten days after arrival in this state.

(c) When a drug trafficker registers with the local police department, the drug trafficker shall provide the following registration information:

(1) legal name and any other names or aliases that the drug trafficker is using or has used;

(2) date of birth;

(3) social security number;

(4) current address;

(5) the drug offense for which the drug trafficker was convicted; and

(6) the date and place of the drug offense conviction.

(d) When a drug trafficker registers with a local police department, the police department shall obtain:

(1) a photograph of the drug trafficker;

(2) a complete set of the drug trafficker's fingerprints; and

(3) a description of any tattoos, scars or other distinguishing features on the drug trafficker's body that would assist in identifying

the drug trafficker.

(e) When a registered drug trafficker changes residence within the same city or town, the drug trafficker shall send written notice of the change of address to the local police department no later than ten days after establishing the new residence.

(f) When a registered drug trafficker changes residence to a new city or town in Massachusetts, the drug trafficker shall register with the local police department of the new city or town no later than ten days after establishing the new residence. The drug trafficker shall also send written notice of the change in residence to the local police department with whom the drug trafficker last registered no later than ten days after establishing the new residence.

(g) When a registered drug trafficker does not have an established residence, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in Massachusetts, the drug trafficker shall register with the local police department for each city or town in which the drug trafficker is living or temporarily located. The drug trafficker shall register no later than ten days after a change in living arrangements or temporary location.

(h) Following initial registration pursuant to the provisions of this section, a drug trafficker shall annually renew the drug trafficker's registration with the local police department prior to December 31 of each subsequent calendar year for a period of:

(1) five years for a first drug offense;

(2) ten years for a second drug offense; and

(3) an additional ten years for every subsequent offense after the second offense.

(i) A drug trafficker required to register pursuant to this chapter who knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) who knowingly provides false information shall be punished in accordance with this section.

(1) A first conviction under this subsection shall be punished by imprisonment for not less than six months and not more than two and one-half years in a house of correction nor more than five years in a state prison or by a fine of not more than $1,000 or by both such fine and imprisonment.

(2) A second and subsequent conviction under this subsection shall be punished by imprisonment in the state prison for not less than five years.

Section 3. If a drug trafficker intends to move from Massachusetts to another state, no later than thirty days prior to moving to the other state, the drug trafficker shall:

(1) notify the local police department where the drug trafficker resides that the drug trafficker is moving to the other state; and

(2) provide the local police department with a written notice that identifies the state to which the drug trafficker is moving.

(a) Within five days of receiving a drug trafficker's written notice of intent to move to another state, the local police department shall transmit that information to Department of Criminal Justice Information Services (DCJIS).

(b) A drug trafficker who willfully fails to comply with the requirements set forth in this section is guilty and subject to the penalties outlined in Section 2, subsection i, clauses 1 and 2 of this act.

Section 4. A court shall provide a drug trafficker convicted in that court with written notice of the drug trafficker's duty to register pursuant to the provisions of this act and Subsection C of this section. The written notice shall be included in judgment and sentence forms provided to the drug trafficker.

(a) The corrections department, county jail or a detention center shall provide a drug trafficker with written notice of the drug trafficker's duty to register at the time of release of a drug trafficker in its custody, pursuant to the provisions of this act and

Subsection C of this section.

(b) The written notice shall inform the drug trafficker that, pursuant to this act, the drug trafficker is required to do the following:

(1) register with the local police department in the city or town in which the drug trafficker will reside or, if the drug trafficker will not have an established residence, with the local police department in the city or town in which the drug trafficker will live or temporarily be located;

(2) report subsequent changes of address;

(3) notify the local police department in the city or town in which the drug trafficker resides if the drug trafficker intends to move to another state and that the drug trafficker may be required to register in the other state;

(4) read and sign a form that indicates that the drug trafficker has received the written notice and that:

(i) a responsible court official, designated by the chief judge for that judicial district, has explained the written notice to the drug trafficker; or

(ii) a responsible corrections department official, designated by the commissioner of the department of corrections, or a responsible county jail official or detention center official has explained the written notice to the drug trafficker.

(c) A court, the corrections department, a county jail or a detention center shall also provide written notification regarding a drug trafficker's release to the local police department in the city or town in which the drug trafficker is released and to the Department of Criminal Justice Information Services (DCJIS).

(d) The DCJIS, when notified by officials from another state that a drug trafficker will be establishing residence in Massachusetts, shall provide written notice to the drug trafficker of the duty to register pursuant to the provisions of this act.

Section 5. A local police department shall maintain a local registry of drug traffickers in the city or town who are required to register pursuant to the provisions of this act.

(a) A local police department shall forward to the DCJIS initial registration information and any new registration information subsequently obtained from a drug trafficker no later than ten working days after the information is obtained from a drug trafficker. If the DCJIS receives information regarding a drug trafficker from a governmental entity other than a local police department, EOPPS shall send that information to the local police department in which the drug trafficker resides.

(b) The DCJIS shall maintain a central registry of drug traffickers required to register pursuant to the provisions of this act. The department shall retain registration information regarding a drug trafficker for the following periods of time:

(1) five years for a drug trafficker convicted of one drug offense;

(2) ten years for a drug trafficker convicted of two drug offenses; and

(3) an additional ten years for every subsequent offense after the second offense.

(c) The DCJIS shall adopt rules as necessary to carry out the provisions of this act.

Section 6. A local police department shall forward registration information obtained from a drug trafficker to the DCJIS.

(a) A person who wants to obtain registration information regarding a drug trafficker may request that information from the:

(1) local police department in the city or town in which the drug trafficker resides;

(2) Secretary of the DCJIS.

(b) Upon receiving a request for registration information regarding a drug trafficker, a local police department or the DCJIS shall provide that registration information, with the exception of a drug trafficker's social security number, within a reasonable period of time but no later than seven days after receiving the request.

(c) Within seven days of receiving registration information from a drug trafficker, the local police department shall contact every elementary school, middle school and high school within a one-mile radius of the drug trafficker's residence and provide them with the drug trafficker's registration information, with the exception of the drug trafficker's social security number.

(d) The DCJIS shall establish and manage an internet web site that provides the public with registration information regarding drug traffickers, except that the DCJIS shall not provide registration information on the internet web site regarding a drug trafficker who was less than eighteen years of age when the drug trafficker committed the drug offense for which the drug trafficker was adjudicated. The registration information provided to the public pursuant to this subsection shall not include a drug trafficker's social security number or a drug trafficker's place of employment, unless the drug trafficker's employment requires the drug trafficker to have direct contact with children or youth.

Section 7. Police officials and other public employees acting in good faith shall not be liable in a civil or criminal proceeding for any publication on the internet under this act or other dissemination of drug trafficker registry information or for any act or omission pursuant to the provisions of this act.

Section 8. Information contained in the drug trafficker registry shall not be used to commit a crime against a drug trafficker or to engage in illegal discrimination or harassment of a drug trafficker. Any person who uses information disclosed pursuant to the provisions of this act, for such purpose shall be punished by not more than two and one-half years in a house of correction or by a fine of not more than $1,000 or by both such fine and imprisonment.

Section 9. Whenever a police officer has probable cause to believe that a drug trafficker has failed to comply with the registration requirements of this act, such officer shall have the right to arrest such drug trafficker without a warrant and to keep such drug trafficker in custody.

Section 10. If any part or application of this act is held invalid, the remainder of this act and its application to other situations or persons shall not be affected.

Section 11. The provisions of this act apply to a person who committed a drug offense on or after October 1, 2014.

Section 12. The effective date of the provisions of this act is October 1, 2014.