HOUSE DOCKET, NO. 1014        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3443

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act Relative to Privacy of Juvenile Records.

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PETITION OF:

HOUSE DOCKET, NO. 1014        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3443

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 Relative to Privacy of Juvenile Records.

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. Subsection (m) of section 172 of chapter 6 of the General Laws is hereby amended by adding the following sentence:-  ; provided, however, that any such record relating to a child set forth in sections 52 to 60, inclusive, of chapter 119 shall not be a public record.

SECTION 2. Chapter 119 of the General Laws is hereby amended by striking out sections 60 and 60A and inserting in place thereof the following  2 sections:-

Section 60. (a) An adjudication of any child as a delinquent child, youthful offender or any disposition thereunder of any child so adjudicated pursuant to the general laws, or any evidence given in any case arising against any child under the general laws, or any records in cases arising against any child under  the general laws shall not be received in evidence or used against such child for any purpose in any proceedings in any court except in subsequent delinquency, youthful offender or any criminal proceedings against the same person; nor shall such adjudication or disposition or evidence operate to disqualify a child in any future examination, appointment, or application for public service under the government either of the commonwealth or of any political subdivision thereof; provided, however, that adjudication of delinquency or youthful offender by reason of the child having committed an offense against the commonwealth may be used for impeachment purposes in subsequent delinquency, youthful offender or any criminal proceedings in the same manner and to the same extent as prior criminal convictions.

       (b) A state agency or a political subdivision of the commonwealth, including a district, school district, county or municipality, shall not disclose on a public access web site maintained by it any information concerning the following: (i) an arrest or detention of a child; (ii) delinquency or youthful offender proceedings for a child; (iii) an adjudication of a child; or (iv) an adult sentence imposed on a child, except information required to be disclosed pursuant to the Sex Offender Registration and Notification Act.

      (c) All records pertaining to the child, obtained by the juvenile court, office of probation, parole officers or in possession of any agency department of the commonwealth relative to delinquency or youthful offenders, are confidential and shall not be disclosed directly or indirectly to the public.

     (d) Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to this section or releases or makes other unlawful use of records in violation of this section shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than 2½ years in a house of correction or by both such fine and imprisonment. 

Section 60A. (a) Inspection of the files and records of a delinquency or youthful offender proceeding, or the release of information in such records until and if the files are sealed or expunged may thereafter be permitted by the court only:

(1)upon motion by the person who is the subject of the records

and only to those persons named in the motion; and

(2)in its discretion, in an individual case, to any clinic, hospital or

agency that has the person under care or treatment or to other persons engaged in fact finding or research.

The inspection or release of such files and records shall be subject to the confidentiality provisions of section 60 and other applicable federal and state laws.

(b) A child who is determined by the court not to be a delinquent or

youthful offender shall have the child's files and records in the instant proceeding automatically expunged by the court upon motion by the child's attorney at the conclusion of the proceedings.

(c) After sealing, the office of probation or the department

of youth services may store and use a person's records for research and reporting purposes, subject to the confidentiality provisions of  section 60 and other applicable federal and state laws.

SECTION 3. Section 90 of chapter 276 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 8, the words “fifty-nine” and inserting in place thereof the following figure:- 60.