Bill H.2159

HOUSE DOCKET, NO. 675 FILED ON: 1/14/2015

HOUSE . . . . . . . . . . . . . . . No. 2159

By Mr. Michlewitz of Boston, a petition (accompanied by bill, House, No. 2159) of Aaron Michlewitz for legislation to establish a statewide gun offender registry. Public Safety and Homeland Security.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3255 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act creating a statewide gun offender registry.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The General Laws are hereby amended by inserting after chapter 28A the following chapter:-

CHAPTER 28B

MASSACHUSETTS GUN OFFENDER REGISTRY

Section 1. Definitions. The following words shall have the following meanings for the purposes of this section only:

“Conviction”, a finding or verdict of guilty or a plea of guilty, whether or not final sentence is imposed.

“Gun Offender or Offender”, any person who received a conviction or adjudication for a gun offense that is subject to the provisions of this chapter.

“Gun Offense”, a criminal conviction of an offense for an unlawful use of a weapon that includes a firearm under section 18B of chapter 265 of the General Laws or criminal possession of a firearm in violation of any federal, state, or local law.

Section 2. Universal Notice Provisions

Whenever these provisions provide for notice of any kind to be given to a gun offender and that offender is a juvenile at the time of such notification, then notification shall also be mailed to such gun offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and the gun offender’s most recent attorney of record.

Section 3. The Gun Offender Registry

(1)The gun offender registry board, known as the board, in cooperation with the executive office of public safety and security, shall establish and maintain a centralized computerized registry of all gun offenders required to register pursuant this section, known as the gun offender registry. The gun offender registry shall be updated on information made available to the board, including information acquired pursuant to registration provisions of this section.

(2)The file on each gun offender required to register pursuant this chapter shall include the following information, the registration data:

(a)the gun offender’s name, aliases used, date and place of birth, sex, race, height, weight, eye and hair color, social security number, home address, any secondary address, and work address;

(b)a photograph and a set of fingerprints;

(c)for each and every gun offense for which the gun offender was convicted or adjudicated: a description of the offense, the city or town where the offense occurred, the date of conviction or adjudication, and the sentence imposed;

(d)anticipated future home, which shall include residential and work address, if any;

(e)documentation of treatment received for any mental health illness, if any;

(3)The board shall develop standardized registration and verification forms, which shall include registration data as required by this section. The board shall make blank copies of such forms available to all agencies having custody of gun offenders and all city and town police departments; provided, however, that the board shall determine the format for the collection and dissemination of registration data which may include the electronic transmission of data.

(4)The board shall make the gun offender information contained in the gun offender registry available for inspection by the general public in the form of a comprehensive database published on the internet, known as the “gun offender internet database”; provided, however, that any public dissemination of registration information, on the gun offender internet database or otherwise, is in accordance with sections 8 and 9 of this chapter; and providing further, that the board shall keep confidential and shall not publish in the gun offender internet database any information relating to requests for registration data under section 8 of this chapter:

(a)the name of the gun offender;

(b)the offender’s home address and any secondary addresses;

(c)the offender’s work address;

(d)the offense for which the offender was convicted or adjudicated and the date of conviction or adjudication;

(e)the offender’s age, sex, race, height, weight, eye and hair color;

(f)a photograph of the offender; and

(g)whether the offender is in compliance with the registration obligations of these provisions.

(5)All information provided to the general public through the gun offender internet database shall include a warning regarding the criminal penalties for use of gun offender registry information to commit a crime or engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The gun offender internet database shall be updated regularly, based on information available to the board and shall be open to searches by the public at any time without charge or subscription. The board shall promulgate rules and regulations to implement, update and maintain such a gun offender internet database, to ensure the accuracy, integrity and security of information contained therein, to ensure the prompt and complete removal of registration data for persons whose duty to register has terminated or expired under section 5 of this chapter or any other law and to protect against the inaccurate, improper or inadvertent publication of registration data on the internet.

(6)Records maintained in the gun offender registry shall be open to any law enforcement agency in the commonwealth, the United States, or any other state.

(7)The board shall promulgate rules and regulations to implement the provisions of this chapter. Such rules and regulations shall include provisions which may permit police departments located in a city or town that has divided into more than one zip code to disseminate information pursuant to section 8 of this chapter categorized by zip code and to disseminate such information limited to one or more zip codes if the request for such dissemination is so qualified; provided, however, that for the City of Boston dissemination of information may be limited to one or more police districts.

Section 4. Transmission of Registration Data

(1)Within 10 days of receiving sentencing any gun offender required to register pursuant to this chapter, the agency which has custody of the gun offender, including the department of correction, the department of youth services and each of the houses of correction, or the gun offender himself shall transmit to the board said gun offender’s registration data. All custodial agencies shall inform the board immediately of any transfers of gun offenders so that there may be contact with the offender throughout the classification process. The board shall classify such gun offenders before their earliest possible release date. The board shall promptly transmit the registration data to the police departments in the municipalities where the gun offender intends to live, maintain any secondary address and work and where the offense was committed. The gun offender shall be informed by, and shall acknowledge in writing to, the agency which has custody of the offender of the duty to register in the commonwealth, to verify information, to give notice of change of address or intended change of address within the commonwealth or in another state and the penalties for failure to do so and for giving false registration information, and of his right to submit to the board, according to section 10 of this chapter, documentary evidence relative to his risk of reoffense, the degree of dangerousness posed to the public and of his duty to register under this section. The agency shall transmit such acknowledgement to the board within 10 days of receipt of such acknowledgement. No later than two days before his release from custody, a gun offender shall register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the gun offender’s name, date of birth, home address or intended home address, any secondary address or intended secondary address, and work address or intended work address. No gun offender shall be released from custody unless such registration has been filled out, signed and mailed to the board.

(2)An agency that has supervision of a gun offender required to register pursuant this chapter on probation or parole shall, within 30 days of assuming supervision of such gun offender, transmit to the board said gun offender’s registration data. The agency shall also report any changes of address of any gun offender required to register pursuant to this chapter within its jurisdiction to this board. The board shall promptly transmit the registration data to the police departments in the municipalities where the gun offender intends to live, maintain any secondary address and work address and where the offense was committed. The gun offender shall be informed by, and shall acknowledge in writing to, the agency which has custody of the of the offender of the duty to register in the commonwealth, to verify information, to give notice of change of address or intended change of address within the commonwealth or in another state and the penalties for failure to do so and for giving false registration information, and of his right to submit to the board, according to section 10 of this chapter, documentary evidence relative to his risk of reoffense, the degree of dangerousness posed to the public and of his duty to register under this section. A gun offender shall, within two days of receiving such notice register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury; the gun offender’s name, date of birth, home address or intended home address, any secondary address or intended secondary address, and work address or intended work address.

(3)Any court which enters a conviction for a gun offense or adjudication as a youthful offender or as a delinquent juvenile by reason of a gun offense, but does not impose a sentence of confinement of 60 days or more to be served immediately shall inform the gun offender and require the offender to acknowledge, in writing, his duty to register in the commonwealth, to verify information, to give notice of change of address or intended change of address within the commonwealth or in another state and the penalties for failure to do so and for giving false registration information, and of his right to submit to the board, according to section 10 of this chapter, documentary evidence relative to his risk of reoffense, the degree of dangerousness posed to the public and of his duty to register under this section. The court shall cause such gun offender’s registration data to be transmitted to the board within 10 days of sentencing. The board shall promptly transmit the registration data to the police departments in the municipalities where the gun offender intends to live, maintain any secondary address and work address and where the offense was committed. A gun offender shall, within two days of receiving such notice or of release from confinement, whichever is later, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the gun offender’s name, date of birth, home address or intended home address, any secondary address or intended secondary address, and work address or intended work address.

(4)Any court which accepts a plea for a gun offense shall inform the offender prior to acceptance and require the gun offender to acknowledge, in writing, that such a plea may result in such gun offender being subject to the provisions of this chapter. Failure to so inform an offender shall not be grounds to vacate or invalidate the plea.

(5)Upon written motion of the commonwealth, a court which enters a conviction or adjudication of delinquent or as a youthful offender may, at the time of sentencing, having determined that the circumstances of the offense in conjunction with the offender’s criminal history does not indicate a risk of reoffense or a danger to the public, find that a gun offender shall not be required to register under this chapter. Such motion shall state the reasoning for such a finding with specificity. The court may not make such a finding in cases of homicide, attempted homicide and where the defendant has more than 1 conviction for violent crime involving a firearm.

(6)In the case of a gun offender who has been convicted of a gun offense or adjudicated as a youthful offender or as a delinquent juvenile by reason of a gun offense and who has not been sentenced to immediate confinement, the court shall, within 10 days of sentencing, determine whether the circumstances of the offense in conjunction with the offender’s criminal history indicate that the gun offender does not pose a risk of reoffense or a danger to the public. If the court so determines, the court shall relieve such gun offender of the obligation to register. The court may not make such determination in cases of homicide, attempted homicide, and where the offender has more than one conviction for violent crime involving a firearm.

(7)Except as hereinbefore provided, a gun offender residing or working in the commonwealth shall, within 90 days of the effective date of this section, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the gun offender’s name, date of birth, home address, any secondary or intended secondary address, and work address or intended work address. The board shall promptly transmit the registration data to the police departments where the gun offender intends to live and work and where the offense has been committed. The board shall send written notification of the requirements of this chapter to the last known address of all known gun offenders residing in the commonwealth who, prior to the effective date of this section, have been released from all custody and supervision.

(8)Upon registering and verifying registration information or giving notice of change of address or intended change of address under this section, a gun offender shall provide independent written verification of the address at which he is registered or, if changing address, will be registered.

(9)Registration data received by the board and disseminated to law enforcement pursuant this section shall not be disseminated to the public except in accordance with the sections of this chapter.

Section 5. Duty to Report

(1)A gun offender required to register pursuant this chapter who intends to move to a different city or town within the commonwealth shall, not later than 10 days prior to establishing such new residence, register by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the gun offender’s name, date of birth, home address or intended home address, any secondary addresses or intended secondary addresses, and work address or intended work address. The board shall transmit notice of such change of address to all the police departments in the municipalities where the offense was committed, where the gun offender last registered and where the gun offender intends to live. A gun offender required to register under this chapter who intends to change his address within a city or town shall notify the board in writing not later than 10 days prior to establishing such new residence. The board shall transmit notice of the change of address to the police departments within such city or town, in the municipality where the offense was committed.

(2)A gun offender required to register pursuant this chapter who intends to move outside of the commonwealth shall notify the board not later than 10 days before leaving the commonwealth. The board shall transmit notice of the change of address to the police departments in the municipalities where such gun offender last registered and where the offense was committed. The board shall notify such gun offender of their continued obligation to verify their registration data under section 5 of this act.

(3)A gun offender required to register pursuant this act who intends to change his work address shall notify the board in writing not later than 10 days prior to establishing the new work address. The board shall transmit notice of the change of address to the police departments in the municipalities where such gun offender has previously worked, where such offender intends to work, where such offender resides or intends to reside and where the offense was committed.

Section 6. Annual Verification of Registration Data and Duration of Registration

(1)Except as provided for a gun offender finally classified as a level 2 or a level 3 gun offender as determined by the board, a gun offender required to register shall annually mail to the board, on a form approved by the board and signed under the pains and penalties of perjury, the gun offender’s registration data. A homeless gun offender shall verify registration data every 180 days with the board by mailing to the board a form approved by the board and signed under the pains and penalties of perjury the gun offender’s registration data. A homeless shelter receiving state funding shall cooperate in providing information in the possession of or known to such shelter, when a request for information is made to such shelter by the board. A shelter that violates the provisions of this paragraph shall be punished by a fine of $300 a day for each day that the shelter continues to violate the provisions of this paragraph. In addition, in each subsequent year during the month of birth of any gun offender required to register, the board shall mail a non-forwardable verification form to the last reported address of such gun offender. Such gun offender shall, within 10 days of receipt, sign the verification form under the pains and penalties of perjury and mail it back to the board. The board shall periodically, and at least annually, send written notice to a city or town police department regarding any gun offender required to register whose last known address was in such city or town or who gave notice of his intent to move to or is otherwise believed to live or work in such city or town, but who has failed to register or verify registration information as required.

(2)A gun offender finally classified by the board as a level 2 or level 3 gun offender as determined by the board, who is required to register pursuant this chapter shall annually appear in person at the local police department in the city or town in which such gun offender lives to verify that the registration data on file remains true and accurate. At such time, the gun offender’s photograph and fingerprints shall be updated. A homeless gun offender shall appear in person at such police department every 180 days to verify, under the pains and penalties of perjury, that the registration data on file remains true and accurate. A homeless shelter receiving state funding shall cooperate in providing information in the possession of or known to such shelter, when a request for information is made to such shelter by the board. A shelter that violates the provisions of this paragraph shall be punished by a fine of $300 a day for each day that the shelter continues to violate the provisions of this paragraph. In addition, in each subsequent year during the month of birth of any gun offender required to register, the board shall mail a non-forwardable verification form to the last reported address of such gun offender. Such gun offender shall, within 10 days of receipt, sign the verification form under the pains and penalties of perjury and mail it back to the board. The board shall periodically, and at least annually, send written notice to a city or town police department regarding any gun offender required to register whose last known address was in such city or town or who gave notice of his intent to move to or is otherwise believed to live or work in such city or town, but who has failed to register or verify registration information as required. The public shall have access to information regarding a level 3 gun offender in accordance with sections 3 and 8 of this chapter.

(3)The board shall examine through electronic transfer of information the tax returns, wage reports, child support enforcement records, papers or other documents on file with the commissioner of revenue or any other entity within the executive branch when there is reason to believe the gun offender required to register in accordance with this act or where the address of such gun offender cannot be verified through other means; provided, however, that nothing herein shall be construed to authorize the disclosure, directly or indirectly, of any information other than the address of such gun offender, except as otherwise provided in the sections of this chapter.

(4)The duty of a gun offender required to register pursuant to this chapter and to comply with the requirements herein shall end 3 years after such gun offender has been convicted or adjudicated or has been released from all custody or supervision, whichever last occurs. A person required to register with the gun offender registry board may make an application to said board to terminate the obligation upon proof, by clear and convincing evidence, that the person has not committed a gun offense within 3 years following conviction, adjudication or release from all custody or supervision, whichever is later, and is not likely to pose a danger to the safety of others. For so long as such gun offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, such gun offender shall not be entitled to relief under the provisions of section 100A or 100B of chapter 276.

Section 7. Prohibited Conduct and Penalties

(1)A gun offender required to register pursuant to this act who knowingly:

(i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of change of address; or (iv) provides false information shall be punished in accordance with this section.

(2)Violations of this section may be prosecuted and punished in any county where the offender knowingly:

(i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of change of address; or (iv) provides false information.

(3)A conviction under this section shall be punished by imprisonment for not more than 1 year in a house of correction or by a fine of not more than $1000 or both.

Section 8. Request for Gun Offender Information; Notice of Penalty for Misuse; Data Required to Receive Reports

(1)A person who requests gun offender registry information shall:

(a) be 18 years of age or older;

(b) appear in person at a city or town police station and present proper identification;

(c) require gun offender registry information for his own protection or for the protection of a child under the age of 18 or for another person for whom such inquirer has responsibility, care, or custody, and so state; and

(d) complete and sign a record of inquiry, designed by the board, which shall include the following information: the name and address of the person making the inquiry, the person, geographic area, or street which is the subject of the inquiry, the reason for the inquiry and the date and time of the inquiry.

(2) The person making the inquiry may either:

(a) identify a specific individual by name or provide personal identifying information sufficient to allow the police to identify the subject of the inquiry; or

(b) inquire whether any gun offenders live or work within the same or different city or town at a specific address or street upon a reasonable showing that the gun offender registry information is requested for his own protection or for the protection of a child under the age of 18 or another person for whom the inquirer has responsibility, care, or custody.

(3)If the search of the gun offender registry results in the identification of a gun offender required to register pursuant to this chapter who has been finally classified by the board as a level 2 or level 3 offender, the police shall disseminate to the person making the inquiry:

(a) the name of the gun offender;

(b) the home address, if located in the areas described in clause a or b of subsection 2;

(d) the offense for which the gun offender was convicted or adjudicated and the dates of such conviction or adjudication;

(e) the gun offender’s age, sex, race, height, weight, eye and hair color; and

(f) photograph of the gun offender

(4)All reports to persons making inquiries shall include a warning regarding the criminal penalties for use of gun offender registry information to commit a crime or engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275.

Section 9. The Gun Offender Registry Board

(1)There shall be, in the executive office of public safety and security, a gun offender registry board which shall consist of seven members who shall be appointed by the governor for terms of four years. The board shall include one person with experience and knowledge in the field of criminal justice who shall act as chairman; at least two persons having at least ten years of training and experience in probation, parole or corrections; and at least one person who has expertise or experience with victims of gun violence. Any member not serving under the foregoing criteria shall be appointed by the governor at his discretion. Members shall be compensated at a reasonable rate subject to the approval of the secretary of administration and finance.

(2)The chairman shall be appointed by and serve at the pleasure of the governor and shall be the executive and administrative head of the gun offender registry board. In the case of the absence or disability of the chairman, the governor may designate one of the members to act as chairman during such absence or disability.

(3)The gun offender registry board shall promulgate guidelines for determining the level of risk of reoffense and the degree of dangerousness posed to the public or for relief from the obligation to register and shall provide for three levels of notification; develop guidelines for use by the city and town police departments in disseminating gun offender registry information; devise a plan, in cooperation with state and local law enforcement authorities and other appropriate agencies, to locate and verify the current address of gun offenders including, subject to appropriation, entering into contracts with interagency agreements for such purposes; and conduct hearings as provided under section 10. The board may not relieve the gun offender from the duty to register in cases of homicide, attempted homicide, or where the defendant has more than 1 conviction for violent crime involving a firearm. Factors relevant to the risk of reoffense shall include, but not be limited to, the following:

(a) Criminal history factors indicative of a high risk of reoffense and degree of dangerousness posed to the public, including:

(i) whether the gun offender has a mental illness;

(ii) whether the gun offender’s conduct is characterized by repetitive and compulsive behavior;

(iii) whether the gun offender committed other, non-gun related crimes while in possession of a gun;

(iv) the age of the gun offender at the time of the commission of the first gun offense;

(v) whether the gun offender served the maximum time of incarceration;

(b) Other criminal history factors to be considered in determining risk and degree of dangerousness, including:

(i) whether the offense involved violence or infliction of bodily injury;

(ii) the number, date and nature of prior offenses;

(c) Conditions of release that minimize risk of reoffense and degree of dangerousness posed to the public, including whether the gun offender is under probation or parole supervision, whether such gun offender is receiving counseling, therapy or treatment, and whether such gun offender is residing in a home situation that provides guidance and supervision;

(d) Physical conditions that minimize the risk of reoffense including, but not limited to, debilitating illness;

(e) Whether the gun offender was a juvenile when he committed the offense, his response to treatment, and subsequent criminal history;

(f) Whether psychological or psychiatric profiles indicate a risk of recidivism;

(g) The gun offender’s history of alcohol or substance abuse;

(h) Recent behavior, including behavior while incarcerated or while supervised on probation or parole;

(i) Recent threats against persons or expressions of intent to commit additional offenses; and

(j) Review of any materials submitted by the gun offender, his attorney or others on behalf of such offender.

(4)The guidelines shall provide for three levels of notification depending on the degree of risk of reoffense and the degree of dangerousness posed to the public by the gun offender:

(a) Where the board determines that the risk of reoffense is low and the degree of dangerousness posed to the public is not such that a public safety interest is served by public availability, it shall assign a level 1 designation to the gun offender. In such case, the board shall transmit the registration data and designation to the police departments in the municipalities where such gun offender lives or, if in custody, intends to live and work upon release and where the offense was committed. The police shall not disseminate information to the general public identifying the gun offender where the board has classified the individual as a level 1 gun offender. The police and the board may, however, release such information identifying such gun offender to the department of correction, any county correctional facility, the department of youth services, the department of social services, the parole board, the department of probation, the department of mental health, and all city and town police departments.

(b) Where the board determines that the risk of reoffense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information, it shall assign a level 2 designation to the gun offender. In such case, the board shall transmit the registration data and designation to the police departments in the municipalities where the gun offender lives and works or, if in custody, intends to live and work upon release and where the offense was committed. The public shall have access to the information in accordance with subsection 3 of section 8 of these provisions. The gun offender shall be required to register and verify registration information pursuant to sections 4 and 6 of this chapter.

(c) Where the board determines that the risk of reoffense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it shall assign a level 3 designation to the gun offender. In such case, the board shall transmit registration data and designation to the police departments in the municipalities where the gun offender lives and works or, if in custody, intends to live and work upon release and where the offense was committed. A level 3 community notification plan shall require the police department to notify organizations in the community which are likely to encounter such gun offender and individual members of the public who are likely to encounter such gun offender. Neighboring police districts shall share the gun offender registration information of level 3 gun offenders and may inform the residents that of their municipality of a gun offender they are likely to encounter who resides in an adjacent city or town. The police or board shall actively disseminate in such time and manner as such police department or board deems reasonably necessary a report pursuant to subsection 3 of section 8 of these provisions. Such active dissemination may include publication of such information on the internet by the police department in such time or manner as the police or board deem reasonably necessary; and, provided, that the police or board shall not release information identifying the victim by name, address, or relation to the offender. All notices to the community shall include a warning regarding the criminal penalties of use of gun offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275.

(d) The board may relieve such gun offender of any further obligation to register, shall remove such gun offender’s registration information from the registry and shall so notify the police departments where said gun offender lives and works or if in custody intends to live and work upon release, and where the offense was committed.

(5)The gun offender registry board shall give immediate priority for rating hearings to those offenders who have not been sentenced to incarceration for at least 60 days, followed, in order of priority, by those gun offenders who (a) have been released from incarceration within the last 12 months, (b) are currently on parole or probation supervision, and (c) are scheduled to be released from incarceration within 2 months. All agencies shall cooperate with providing files to the gun offender registry board and any information the gun offender registry board deems useful. Failure to comply in good faith with such a request within 10 days shall be punishable by a fine of not more than $300 per day.

Section 10. Hearings and Right to Counsel

(1)Upon review of any information useful in assessing the risk of reoffense and the degree of dangerousness posed to the public by the gun offender, the board shall prepare a recommended classification of each offender. Such recommendation may be made by board staff members upon written approval by one board member.

Not less than 60 days prior to the release or parole of a gun offender from custody or incarceration, and in the case of any gun offender not in custody, the board shall notify the gun offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register according to the provisions of section 9. Such gun offender may submit such evidence to the board within 30 days of receiving such notice from the board. Upon reviewing such evidence, the board shall promptly notify the gun offender of the board’s recommended gun offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing, and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D of the general laws. Such gun offender shall petition the board for such hearing within 30 days of receiving such notice. The board shall conduct such hearing in a reasonable time according to the provisions of subsection 2. The failure to timely petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.

(2)If an offender requests a hearing in accordance with subsection 1, the chair may appoint a member, panel of three board members, or a hearing officer to conduct the hearing, according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, and to determine by a preponderance of evidence such gun offender’s duty to register and final classification. The board shall inform offenders requesting a hearing of the right to have counsel appointed under the provisions of subsection 1 if a gun offender is deemed to be indigent as determined by the board using the standards under chapter 211D of the general laws. If the gun offender does not so request a hearing, the recommended classification and determination of duty to register shall become the board’s final classification and determination and shall not be subject to judicial review. All offenders who are juveniles at the time of notifications shall be represented by counsel at the hearings.

Section 11. Judicial Review of Final Classification

(1)If an offender has requested and participated in a hearing in accordance with section 10, then the offender may seek judicial review, in accordance with section 14 of chapter 30A, of the board’s final classification and registration requirements. The court shall, if requested, appoint counsel to represent the gun offender in the proceedings if such gun offender is deemed indigent in accordance with section 2 of chapter 211D. An attorney employed or retained by the board may make an appearance, subject to section 3 of chapter 12, to defend the board’s decision. The court shall reach its final decision within 180 days of such gun offender’s petition for review. The court shall keep proceedings conducted pursuant to this paragraph and records from such proceedings confidential and such proceedings and records shall be impounded, but the filing of an action under this section shall not stay the effect of the board’s final classification.

Section 12. Misuse of Information and Penalties

(1)Information contained in the gun offender registry shall not be used to commit a crime against a gun offender or to engage in illegal discrimination or harassment of an offender. Any person who uses information disclosed pursuant to the provisions of these sections for such purpose shall be punished by not more than 12 months in a house of correction or by a fine of not more than $5000 or by both such imprisonment and fine. All requests for gun offender registry information, reports issued and websites must notify the user, requester or recipient of information that they shall not use the gun offender registry to commit a crime against a gun offender or to engage in illegal discrimination or harassment of an offender and require the user or recipient to sign or otherwise acknowledge that they shall be subject to penalties under this paragraph..

Section 13. Liability of Public Officials and Employees for Gun Offender Registry Information

(1)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 section 3 or other dissemination of gun offender registry information or for any act or omission pursuant to the provisions of these sections.

Section14. Gun Offender Registry Fee; Waiver

(1)The gun offender registry board shall assess a registration fee of $75 upon every gun offender, hereinafter referred to as the gun offender registry fee. Said offender will pay the gun offender registry fee upon his initial registration as a gun offender and annually thereafter upon the anniversary of said registration. No such fee shall be assessed and collected until the offender has either:

(a) Waived his right to petition for an evidentiary hearing to challenge his duty to register as a gun offender under section 10; or

(b) Has completely exhausted the legal remedies made available to him to so challenge said duty to register pursuant sections 10 and 11 and has not prevailed in his attempt to eliminate said duty.

(2)The gun offender registry board may waive payment of said gun offender registry fee if it determines that such payment would constitute an undue hardship on said person. Said gun offender registry fee shall be collected by the gun offender registry board and shall be transmitted to the office of the state treasurer.

Section 15. Severability

If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.

Name:	District/Address:	Date Added:
Aaron Michlewitz	3rd Suffolk	1/14/2015